Defacto Visa after only 12 months?

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Defacto Visa after only 12 months?


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Old 01-06-2015, 02:32 PM
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Defacto Visa after only 12 months?

Hey

I would appreciate if somebody could state on my current situation and maybe give some advice, if my partner and I are doing the right thing:

I am German, due to my work currently living in Germany, he lives in Australia. We have been together as a couple since June last year (2014). We have seen each other 4 times since June and speak every day, text constantly... we have also met each others parents, friends, relatives. We also collect things already, to prove our relationship is genuine. I am planning to travel to Australia on a student visa in April - he will sponsor me then, I will live with him in his apartment. In June, after 12 months, we want to apply for the Defacto Visa.
I know we haven't been living together for 12 months in June, but I read that we don't have to, under some circumstances (me having a job in Germany).

Will we have a chance? Or do we have to wait until we have lived together for 12 months? We would also be willed to marry, if this is the only chance, as we plan to marry anyway. I am 27, my partner is 31, if that is important.

Thanks in advance for any hep!


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Old 01-06-2015, 07:08 PM
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Hi Lonsydé,

To apply defacto, you do need to provide hard evidence (e.g. lease with both your names on it) of having lived together for 12 months with little to no interruption. From what you've written you will not have this evidence in June 2015. Your better bet would be to register your relationship as soon as you arrive in Australia, and apply later on onshore for a partner visa.

This thread has information with regard to defacto vs registered relationship: http://www.australiaforum.com/visas-...plication.html


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Old 01-06-2015, 08:18 PM
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Working is generally not a reason to stay apart as far as immigration are concerned, unless your partner is in the armed forces for example.

And do you genuinely need to study? I only ask because lots of problems arise if you are just trying to use a student visa to get onshore and later quit your course to apply for a partner visa. If you plan on studying and finishing your course then no problems.

Can you apply for a PMV now given you plan to get married anyway?

The other option is to register your relationship, live together for 6 months or so and then apply for a partner visa. If your in a state that allows you to register your relationship.

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Old 01-06-2015, 08:21 PM
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You will not fit the requirements. Only things that can waived the 12 months are being married, in a registered relationship or having a child together. I am not sure where you read about the work think but I don't know of anyone who went that way - maybe it is specific to diplomat or army people that have to be deploy overseas?

As you will on a student visa; your best chances are to move in together when you arrive; and either register your relationship after a few months depending on your state; or wait for the 12 months.

Note that if you apply onshore waiting time are about a year; so you will stay on your student visa that whole time, with the same work rights. Your BVA with full work rights would only start at the end of your student visa.

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Old 01-07-2015, 03:57 AM
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immigration department is very strict on the 12 months living together requirement and i have read cases of people being rejected just cause they were short by 2 weeks or less. and like others have mentioned you can only waive that by registering your relationship or getting married however even with that you would still need to provide some sort of evidence of having lived together for at least a couple of months. Why not apply for a prospective marriage visa? You apply offshore and it usually gets approved within 6-9 months i believe and once approved you can come into Australia and you guys have 9 months and within that 9 months you guys get married. Using the student visa to come on shore is not advisable cause immigration might be suspicious considering your partner is here and university enrollment fees are quite pricey too.

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Old 01-08-2015, 05:43 AM
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Thanks for your replies.
We will register our relationship, and after a couple of months having lived together, apply for defacto - that is the plan.
Why shouldn't I come with a Student visa, so many do that, and why should they be suspicious? I have to get in to Australia somehow, and why not do a course for 6 months to improve my english and be able to live with my boyfriend? Nobody could say anything against that I am sure? I know I have to finish my course, which I will do.


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Old 01-08-2015, 06:41 AM
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But if you plan on finishing your course you might want to wait a bit longer with the defacto application to build up more evidence. Even with registering your relationship it is advisable to have lived together for about 6 months (from what I read on the forum here). There is no need to apply two months after your arrival already, is there? Just curious.

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Old 01-08-2015, 08:16 AM
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I agree with starlight! I would apply toward the end of your course, after you've had several months of living together. While registering your relationship or marrying waives the 12-month part of the requirement, you are STILL required to have AMPLE evidence of shared finances (for example, joint bank account usage), mail to the same address, etc. Often if this evidence is just from a couple of months before applying DIBP don't look favorably on that. The more time you can spend collecting evidence the better. Six months should be safe if you can swing that much (assuming your relationship will be registered). Less than that and you are taking a chance.

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Old 01-08-2015, 08:19 AM
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You need to satisfy the "genuine entry requirement" for a student visa and that generally means they want to make sure you arnt using this visa to apply for another onshore.

My concern was that you were going to sign up to a course an then quit it once you applied for a partner visa and if you do that a lot of problems arise.

If you are doing a 6 month course I would suggest you wait until you have been living together for those 6 months and have registered your relationship before you apply for a partner visa.

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Old 01-08-2015, 06:37 PM
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Starlight, well, no need, it is just that this is all also a money factor - the sooner we apply, the sooner I am allowed to work in Australia full-time. That is all... otherwise I could also wait a bit longer WIth a student visa, you are allowed to work 20 hours, but courses are also quite pricey too, so you don't really have enough money to live...Anyway, I think we will apply after my course has finished, so we have lived for about 6 months together, hope that will be proof enough.


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