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Discussion Starter · #1 ·
Hi,

I am Australian and my partner lives overseas. We are engaged. I used to live in her country. We have been in a relationship for years but have never lived in the same house to together. Right now, we could submit paperwork in my partner's country to become legally married. However, it seems like a subclass 309 offshore visa requires a lot of evidence for living together, joint finances etc. I am wondering which visa, 300 or 309, its better to apply for in this situation.

Thanks
 

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Discussion Starter · #3 ·
309 does not require any evidence of living together.
Really? Immigration website says "This proof should show that:
you either live together or don't live permanently apart." Also has a section on Finances and Your Household. Or is this for de facto couples only?
 

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Wrong.. Evidence requires
According to an Australian Immigration page: the one year relationship criterion does not require the couple to have physically lived together for the entire 12 months, but rather to have been in a de facto relationship for that period.

I would tend to believe the immigration agent above (Westly Russell - MARN 0316072) who said
309 does not require any evidence of living together.
Or the court case referred to with the conclusion: there is no requirement that the couple previously live together in the definition of a "de facto relationship" or in the requirement that the couple "do not live separately and apart on a permanent basis".

The application does however require evidence of a "de facto relationship".

That might be difficult for some applicants not living together, especially those doing the application without the help of an expert. These cases may also contribute to the longer 'average' processing times.

Evidence of living together is bound to speed up the processing time, where relevant.
 

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Really? Immigration website says "This proof should show that:
you either live together or don't live permanently apart." Also has a section on Finances and Your Household. Or is this for de facto couples only?
The clue is in "don't live permanently apart" ... the exact wording is:

'they:

(i) live together; or

(ii) do not live separately and apart on a permanent basis; "
 

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We applied for 300 visa after 2,5 years of dating, by then we physically spent together over 6 months (its in total, we didn’t live on a permanent basis), had a lot of evidence of travelling together (booked accomodations on both names, plane/ train/ bus tickets, bank accounts showing money movement to each other, purchased items on both names, photos etc). I’m just curious, Could we take a 309 path?... we were absolutely sure, unless you live together - no 309.
 

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We applied for 300 visa after 2,5 years of dating, by then we physically spent together over 6 months (its in total, we didn't live on a permanent basis), had a lot of evidence of travelling together (booked accomodations on both names, plane/ train/ bus tickets, bank accounts showing money movement to each other, purchased items on both names, photos etc). I'm just curious, Could we take a 309 path?... we were absolutely sure, unless you live together - no 309.
Yes you could have done under certain circumstances, but if you have already applied for a 300 then it's a bit late ....
 

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We applied for 300 visa after 2,5 years of dating, by then we physically spent together over 6 months (its in total, we didn't live on a permanent basis), had a lot of evidence of travelling together (booked accomodations on both names, plane/ train/ bus tickets, bank accounts showing money movement to each other, purchased items on both names, photos etc). I'm just curious, Could we take a 309 path?... we were absolutely sure, unless you live together - no 309.
Yes you could have done under certain circumstances, but if you have already applied for a 300 then it's a bit late ....
It's not relevant anymore, I've migrated on 300, currently on 820 visa:) I'm just looking back and fantasizing if we could have done things any different. We did our application via MARA agent, she didn't offer 309 (and we didn't think to even talk about it to her) as an alternative, I think we all took the safest path, that's ok
 

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It's not relevant anymore, I've migrated on 300, currently on 820 visa:) I'm just looking back and fantasizing if we could have done things any different. We did our application via MARA agent, she didn't offer 309 (and we didn't think to even talk about it to her) as an alternative, I think we all took the safest path, that's ok
We did the same, except without an agent. Did the 300 but found later that we could probably have done the 309.
Also not relevant now, a bit further along the route. She has the Citizenship test this Wednesday...
 

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Discussion Starter · #13 ·
The clue is in "don't live permanently apart" ... the exact wording is:

'they:

(i) live together; or

(ii) do not live separately and apart on a permanent basis; "
That wording for (ii) seems incredibly vague, how exactly do you prove that?
 

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That wording for (ii) seems incredibly vague, how exactly do you prove that?
You could have a read of this court decision: SZOXP v Minister for Immigration and Border Protection [2015] FCAFC 69 (11 June 2015)
 
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