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Discussion Starter · #1 ·
Me and my partner have been in what we believe a de facto relationship for more than 5 years. Currently am 22 she is 21. There have been points of separation but a strong ongoing relationship during these times. We are now putting together an application with an agent.

From what I have been told at Immigration and examples read online I believe it is possible to obtain the 801 permanent residency visa immediately without having to go on the 820 2 year review period. This is provided you can prove a de facto relationship existing longer that 2 years prior to your 820/801 application
Quesition: Is this correct?

If so, I am wondering what, and how much evidence is required to make a strong application proving this and the chances of obtaining 801 straight up.
 

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It is 3 years unless you have a child together (pregnancy does not count you need to have had the baby at time of lodging).

You have been living together since 16 years old? I believe and someone will correct me if I wrong they will not take it into account until 18 years old. So you need to have the 3 years (2 years if have a child) of evidence of living together since the youngest has turned 18.

You will need to have proof of living together permanently (brief separation is fine). Things like bank statements, leases, joint bills, mail at same address are things to prove you have lived together for 3 years or more.
 

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Discussion Starter · #4 ·
Thankyou for your fast response!

After reading many definitions of 'de facto' I am still unsure of what requirements need to be satisfied for a relationship of this status(I have read some examples where couples not always live under the same roof for good reasons but are still classified as de facto). We have not always lived under the same roof, but have definitely 'lived' together as a couple for 3+ years (from when she turned 18).
Strongest evidence we currently have for this are as follows:
Shared bank account.
Car in both names.
Ownership of furniture and appliances.
Evidence of multiple holidays and trips together.
4 Stat Dec statements from close fam/friends.
Multiple official docs showing current address for both partners.
and other evidence

I am Australia and my partner is Austrian. Since our relationship started at a young age and we are both at uni and mostly reliant on our parents, will this impact on relationship 'status'? Do you have any examples of such a case being successful?

Thankyou very much again!
 

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De facto is when you have lived together like a married couple. You can have lived separately but needs to be temporary.

Maybe if you do a time line and explain a bit more that will help determine at what point you are de facto.
 

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Discussion Starter · #6 ·
Yes. That seems like the most frequently used description of De facto.

My partner, our agent and myself have been working hard to put together a strong, clean application including a detailed timeline of relationship and our locations. It seems that one of the most important factors for times spent apart is providing genuine, valid reasons for these times. Me and my partner have had two periods of separation.
(Our De facto relationship stared when I lived with her in Austria)

First reason being I needed to start my Uni degree in Australia while she finished her High school education - 10 months.
The other being she became ill and homesick leading to mild depression. She returned to Austria for 7 months to recover and recuperate before coming back to Australia to continue her studies.

Im not sure of your experience on these matters and I will be asking our agent the same but what is your opinion for the validity of these seperations?
 

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Unfortunately it is up to the discretion of the case officer. Just write a well documented letter about it explaining why and that should help with the visa.

Your worse case is that you don't get the permanent visa but the temporary visa. It sounds like you have enough to qualify for the temporary visa it is just a matter of if DIBP find that the separation was temporary and couldn't be helped.
 

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Discussion Starter · #8 ·
That sounds like a good plan. Thank-you very much for your help and answering my questions! =)

I only just noticed that your applied for your 820 visa and was granted in only 21 days!! May I ask if this is true? as my agent has been quoting a processing time of up to 15+ months!?
 

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Yeah that is true but came from a pmv. When you come from a pmv they are granted quickly because you have already been determined to be a genuine couple. Therefore they are only checking that you got married within the 9 months as per the pmv conditions.
 
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