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Discussion Starter · #1 ·
My girlfriend is from the UK and on a working holiday visa. It expires October 22nd 2017, we will have lived together for 12months on this day also as she arrived on October 22nd 2016 and we were in a relationship before that for 3 months. We have a solid case for de facto and all evidence to go with it. My question is,
Do we have to wait to lodge the application on October the 22nd? (as this is exactly 12months) and if so does she have to leave the country until the bridging is granted? (we are applying in writing as we have a massive pile of evidence)
I've read conflicting reports that there is a strong chance for rejection if we are even 1 day less then 12months living together. thanks in advance
 

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Have you registered your relationship? My understanding is that that can waive the 12 months living together requirement. I don't have any personal experience with that though, so don't take this as gospel.

Regardless, you will need to make sure that your evidence is pretty solid. It would probably be worth your while contacting a registered migration agent, at least for an initial conversation.
 

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Discussion Starter · #3 ·
registration not available in my state. we have had a meeting with a migration agent a few weeks ago, we didn't know to ask this question then.
The 12months living together is no problem we will just apply at exactly 12months but what I really need to know is should she apply for a 3 month holiday visa or leave the country once we have applied as to not overstay here holiday visa while we wait for for new one. I have phoned immigration they were very rude so id thought id try my luck here
 

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You must meet the 12 month de-facto relationship requirement ( and not a day less) on the day the application is lodged. If you are going to lodge a paper application, it should be lodged at least a week, preferably 2 weeks, before your partner's current visa expires. Not sure how you think you will be able to lodge a paper application on the day her visa expires in order to meet the 12 month requirement, as they have to be lodged by mail or courier. Even lodging an online application at such a late stage is risky. You may have to re-think your strategy, as it is highly unlikely ( but not impossible) that your partner visa will be granted a tourist visa after 12 months on a WHV. Once she has lodged a valid application, there is no need to leave the country, as she would have been granted a bridging visa. Your problem is how to lodge an application that meets the 12 month de-facto requirement, before your partner's WHV expires.
 

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"and we were in a relationship before that for 3 months"

What evidence do you have of this part of the relationship?

Also I would not recommend a paper application - You don't understand that you need to make the Case Officers work load easier not harder.
 
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