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Discussion Starter · #1 ·
Hello everyone!

It's been nearly a year that I've been reading this forum waiting for finally apply for my partner visa. I was planning to apply for my partner visa in October this year but I think I need some help with my case. I know no one here is a migration agent or works at Immigration office but I thought you could help me some how :D

That's my story: I arrived in Melbourne in September, 2012 on an ETA. I met my partner overseas and we both decided to move to Australia and start living together here. I couldn't get a WHV - I hold a Spanish passport - so I decided to come on a tourist visa to then try to get some work sponsorship. Well, the plan did not work quite well so I applied for a student visa granted in March, 2013.

We lived in this tiny little town in Victoria before because of my partner's work commitment so all our rent and expenses were paid by his company. That means we didn't have any rent agreement or bills in our names. We have a letter from his company stating that we lived there and all expenses were covered by them. I had no idea about partner visa before moving here so it took me a while to start organizing my life. I opened our joint bank account in November, 2012. I knew it was quite complicated to register a relationship in Victoria so I was happy to wait a year to apply for the partner visa.

So, today I went to BDM in Melbourne to try to register our relationship. The lady advised me that I could pay the fee to try to register but the application would most likely be denied because I didn't have any bank statement or rent agreement in my name from September till November, 2012. She said they won't accept my partner's company letter as proof of living.

Technically, I've been living in Australia for a year now so I won't need the relationship certificate. BUT I went home for 2 months during this year and went to NZ for 10 days because of my ETA. I was hoping to get a certificate so I don't have any issues about the 12 months requirement. The certificate is not going to happen though :(

My questions are:

[1] Would it be an issue that, in the last 12 months, I lived here on a tourist visa for 5 and a half months? Does anyone here was a tourist for quite a reasonable time before applying and had the visa granted?
[2] I went home for two months to visit family and friends and attend 2 weddings. Would that period count as a de facto too? I was in contact with my partner during that time.

Any suggestions? I was hoping to apply for the partner visa ASAP so I can finally have full time work rights.

THANK YOU SO MUCH ;)
 

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If you have lived with your partner for 12 months you shouldn't worry too much. It is not a problem that you were on a tourist visa - it's even better if you can show he supported you while you couldn't work (if he did). The DIAC will most likely accept the letter from your partner's company stating that you lived together. It would be even better if you can get a statutory declaration from one of his colleagues confirming this. Do you have dated letters (bank statements, etc.) that went to the home? That's an easy way to prove you lived there.

Also, you are allowed to travel without your partner while maintaining de facto status as long as you are not living separately and apart on a permanent basis. Do you have ways to show you were in regular contact and supported each other during this time? (Phone and email records, money transfers, etc)
 

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Discussion Starter · #3 ·
Thank you for the reply, Whitney!

Yes, I have a few evidences that proof we were both living there - besides the company letter. I opened my bank account there too so they can see I was living on that address for sure.

I have skype and messages to show we were in contact during the time we were apart. I'm just a bit worried cause I was gone for 2 months, so hope it won't be an issue.

I will apply next month and hope for the best! We have so many evidences that I don't think we won't be having a problem :)

How's your application going?
 
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