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Discussion Starter · #1 ·
Hi,

This is my first post so hello to everyone.

I'm Australian and met my Russian partner whilst we were both living in Malta for 4 years. We started living together after 6 months which was over 18 months before I left Malta due to leaving my job.

Our partner visa is currently being processed and we have be assigned a case officer.

Also I commission an agent to help fill out our application and advise what we needed to provide.

The case officer contacted us saying we need to prove we lived together for over 12 months. The problem is the rental agreement was in my name before we met and it we never shared a bank account. We actually tried to get a join bank account but my partner didnt have one in Russia which is what the Malta bank needed so we just didnt bother.

How can we prove that we did indeed live together apart from our word? Would a landlord / real estate Stat Dec help our cause?

Chris
 

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Hi there,

If you can get a statement from your landlord, that would be of great use in proving your case. You could also use your bank statments and highlight any payments you made on household expenses and on each other.

If you statement is legally notorised, then DIAC will consider whatever you state in it, so mentioning that you couldn't get a bank account in Malta because you couldn't get one in Russia is also useful info. that DIAC will consider.
 

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Hi there,

If you can get a statement from your landlord, that would be of great use in proving your case. You could also use your bank statments and highlight any payments you made on household expenses and on each other.

If you statement is legally notorised, then DIAC will consider whatever you state in it, so mentioning that you couldn't get a bank account in Malta because you couldn't get one in Russia is also useful info. that DIAC will consider.
Try to collect all the documents which were sent to you both to that address, also anything from immigration. My partner and I have no joint lease or joint bank account, but we both receive mail on this one address, and the address is usually printed clearly at the top of the docs we receive - for example, I got all my work pay slips on this address (which is convenient cos you get one every month) and he did the same.
 

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Discussion Starter · #4 ·
Thanks for the feedback. Does the statement from my landlord need to be done via Form 888? or a letterhead from their place of work?

My agent suggested our parents submit a Form 888. (He didnt suggest this initially). Also he suggested we make our own statement including things like we tried to get a join bank account.

One thing that concerns me this will take some time (weeks) to arrange the extra info. My agent responded to DIAC saying we had 28 days to respond with the extra info. Is this correct?

Also once this extra information is submitted, do they move onto the next step of an interview?

My concern stems from this reply:

In order to continue processing of the application, please provide any evidence that you with your partner XXXX have been in a de facto relationship for the entire 12 months immediately prior to lodging your application.
Please provide evidence of your cohabitation e.g. joint bills, correspondence received for your names, renting agreement, etc.
See: One-Year Relationship Requirement

You and your partner must show a mutual commitment to a shared life to the exclusion of all others.
You and your partner must be living together or, if not, any separation must be only temporary.
You must also have a genuine and continuing relationship with your partner.
See: Evidence of a Genuine and Continuing Relationship.
 

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Discussion Starter · #5 ·
Also I wanted to ask how much weight do DIAC put on the "proof of living" part of the criteria? Is it like a police check, either its a yes or no? No meaning your automatically have a rejected application?
 

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Also I wanted to ask how much weight do DIAC put on the "proof of living" part of the criteria? Is it like a police check, either its a yes or no? No meaning your automatically have a rejected application?
I would say it's essential, hence the word 'must' in their letter to you. The thing is, it's not sufficient to prove that you're a couple, but that you have been living together for 12 months, as this is what constitutes a de-facto couple in their opinion. So what I mean is, you could have been together for three years, but if you don't live together then you'd be simple boyfriend and girlfriend, rather than defacto.
 
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