[KP1206]

Hi all,
I'm currently in the process of getting everything together for my Partner Visa 820/801 application and hoping to get some advice regarding past centrelink payments. We have been together for 5 years but I intend on saying we have only been de facto for the past 2 years - it is only during this time that we have taken out a lease together, both started getting paid into our joint bank account and declared each other as spouses on our tax returns etc. Not during the last 2 years, but in the past my partner received Centrelink as he was a full time uni student but he never changed his status from single. We were living together at the time in a sharehouse with other friends/housemates and never had an official lease. We had a joint bank account but it was used mainly only to pay rent and bills - we both transferred money from our personal accounts to cover our share of this, as did our housemates. At the time I wouldn't say we were in a "marriage like relationship" and it did not occur to him to change his centrelink relationship status. I was also a full-time student so not earning much. Seeing as we are not claiming we were defacto for the time he was on centrelink will this still be a problem? If it looks like it will be problematic I think I would rather repay any possible centrelink overpayment than risk having the application denied. Any advice would be much appreciated, thanks in advance!

Katherine

 

[wrussell]

Various government department data match.

Some applicants have been refused visas for providing false or misleading information in the circumstances you described, or for owing money to the Australian government.

 

[FreddoBee]

Seeing as we are not claiming we were defacto for the time he was on centrelink will this still be a problem? If it looks like it will be problematic I think I would rather repay any possible centrelink overpayment than risk having the application denied. Any advice would be much appreciated, thanks in advance!

Katherine

I would be inclined to contact Centrelink regarding this situation and get a ruling from them before you apply for a Partnership Visa. I am currently waiting for a ruling from them about a similar situation where I didn't declare my partner when we were living overseas, but she had no income and was not contributing to the financial pool.

It could also depend on whether you considered you were de facto partners during that period or what your actual living/sharing arrangements were.

Better to clear it with them before they discover it for themselves.

 

[KP1206]

I would be inclined to contact Centrelink regarding this situation and get a ruling from them before you apply for a Partnership Visa. I am currently waiting for a ruling from them about a similar situation where I didn't declare my partner when we were living overseas, but she had no income and was not contributing to the financial pool.

It could also depend on whether you considered you were de facto partners during that period or what your actual living/sharing arrangements were.

Better to clear it with them before they discover it for themselves.

Thanks so much for your response. Yes I'm definitely thinking now the best thing to do is to contact Centrelink to explain the situation and rectify his oversight. At the time we did not consider ourselves to be de facto partners but in hindsight, now knowing more information, perhaps we were. If it is determined he was overpaid we will be happy to repay this. Do you know how long a Centrelink ruling usually takes? Unfortunately my current visa expires in two months so we will need to apply before then.

 

[KP1206]

Various government department data match.

Some applicants have been refused visas for providing false or misleading information in the circumstances you described, or for owing money to the Australian government.

Thanks so much for your response. If we rectify the situation with Centrelink, assuming they believe it was a genuine oversight and not deliberate fraud, and arrange repayment of any overpayment do you think this could still cause problems for my visa application?

 

[FreddoBee]

Thanks so much for your response. Yes I'm definitely thinking now the best thing to do is to contact Centrelink to explain the situation and rectify his oversight. At the time we did not consider ourselves to be de facto partners but in hindsight, now knowing more information, perhaps we were. If it is determined he was overpaid we will be happy to repay this. Do you know how long a Centrelink ruling usually takes? Unfortunately my current visa expires in two months so we will need to apply before then.

I have been waiting for a ruling since early May, so about 2 months. I would contact Centrelink first and seek their advice about the path to take. They advised me to submit a Mod P form (https://www.humanservices.gov.au/individuals/forms/mod-p but of course, that may not be as applicable in your case as it was in mine.

Perhaps the main aim at present is to be sure that it's on record that you are in a partnership so that any enquiry by Immigration confirms that the partnership exists.

 

[KP1206]

Perhaps the main aim at present is to be sure that it's on record that you are in a partnership so that any enquiry by Immigration confirms that the partnership exists.

Thanks for the information. I have asked my partner to get in contact with Centrelink asap so we can figure out what we need to. Hoping the situation will be on its way to being resolved by the time I apply for my visa in September.