Evaluation of Evidence

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  • 1 Post By SM2015
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Evaluation of Evidence


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Old 01-20-2015, 01:02 PM
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Evaluation of Evidence

Hi Everyone,

I'm coming to the closing stages of uploading all of our evidence and as we're not going through an agent, I thought I would run this by you.

We have been living together for 4 years. We have no rent, food or utility bills.

Current evidence uploaded:

Phone bills from each of us at the same address dating back to early 2012
Bank statements from each of us in 2012 and 2014- same address.
Itemised charge card statement showing presents, meals out and travel- Dated back to 2012.
Joint engagement ring insurance policy. Same address 2014.
Cards addressed to both of us for engagement and christmas 2014.
Birthday cards and valentines day cards 13/14.
Statements that show transfers and loans to one another (10 in total).
90ish Mutual Facebook friends.
Joint wedding invite.
Seaman's discharge books showing that we have been signed on the same boat for 4 years.
2 x 888, from mother in law and mutual friend.
2 x Statements from my mother and mutual friend.
Photos with friends and family and just us together.
Present receipts x 2.
Receipt for future sports event at the end of 2015.
Holiday receipts dating back to 2011. 5 in total including accommodation etc.

So my question for the experienced members... Does our case for de facto seem valid?

Any advice welcome.

Thank you.

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Old 01-20-2015, 01:40 PM
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You said bank statements from 2012 AND 2014 - not for 2013? Or did you mean 2012-2014?

I'm assuming your bank accounts are not joint from the way you worded it - is that correct? If so, are you able to highlight transactions and show how each of you was sharing finances with the other (transfers between the two of you, etc.)?

I would include as much from Jan 2012 and earlier as possible - if they're satisfied you've been de facto for 3 years, they will send you straight to PR instead of making you sit through the TR first.

I'm not sure they'll count being assigned to the same ship (if I'm understanding you correctly) as living together - that would be my one concern. Unless you were assigned couples quarters or something along those lines (if that's even possible). I'm not positive which way they would view that. They could either agree that it was living together like a married couple, or view it as living in the same apartment complex but different apartments. I'm sure there have been other people in a similar situation before, but it's not a common enough question here that I know what their outcome was.

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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 01-20-2015, 02:17 PM
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Quote:
Originally Posted by CollegeGirl View Post
You said bank statements from 2012 AND 2014 - not for 2013? Or did you mean 2012-2014?

I'm assuming your bank accounts are not joint from the way you worded it - is that correct? If so, are you able to highlight transactions and show how each of you was sharing finances with the other (transfers between the two of you, etc.)?

I would include as much from Jan 2012 and earlier as possible - if they're satisfied you've been de facto for 3 years, they will send you straight to PR instead of making you sit through the TR first.

I'm not sure they'll count being assigned to the same ship (if I'm understanding you correctly) as living together - that would be my one concern. Unless you were assigned couples quarters or something along those lines (if that's even possible). I'm not positive which way they would view that. They could either agree that it was living together like a married couple, or view it as living in the same apartment complex but different apartments. I'm sure there have been other people in a similar situation before, but it's not a common enough question here that I know what their outcome was.
Hi CollegeGirl

I uploaded the the earliest bank statement I had for each of us then the latest.

We have separate accounts.

I put most of our expenses on a charge card and then we make transfers between us, I have uploaded all cc statements and all bank statements that show a transfer and highlighted them.

We share couples cabin and have done since 2010, the discharge book shows this alongside our statements.

Do you think the case will be approved?

If I got TR do you have to move over straightaway or can you be abroad when it goes to PR?

I'm aware it is slightly unusual!


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Old 01-20-2015, 02:43 PM
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Oh, that's great! Obviously I'm not an agent, but yes - it seems to me like your case would likely be approved. You have evidence of living together for four years and sharing finances for 3 - I think you have a very good chance of going straight to PR. Whether you get TR or PR after you apply, you'll have to go to Australia to activate the visa within a certain period of time. Usually the deadline for doing this is the one-year anniversary of your medicals (or sometimes police checks if you did those earlier). Once you've activated the visa, if it's PR you're golden - you have five years to make the move to Aus. If it's TR, you can be abroad when your PR is granted. Once your PR is granted, you'd then have the same five years to make the move.

Once you've had PR for five years, as long as you're in Aus, you can live and work there the rest of your life if you want. It's just the travel facility that runs out. So if you want to leave Australia and return again, you'll need a Return Resident Visa - easy to get if you've lived in Australia for at least 2 of the previous five years. If you haven't, you can get a shorter RRV, but it can be harder to get and you can be required to show "substantial ties" to Australia which can be tricky.

Once you've lived in Australia for four years, you can also do away with the need for this RRV dance by applying for and getting citizenship.

Hope that helps.

SM2015 likes this.
__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 01-21-2015, 06:31 AM
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Your evidence looks really solid. Just a couple of points:

- try to show evidence from each year. You mentioned showing only your oldest and newest bank statements; rather show from each year. Your most recent one is actually pretty meaningless.

- you also need to show some evidence that your relationship has a future (I think the forms call it 'genuine and enduring'). We submitted forms from our Medical Insurance showing that we are listed as each others Next of Kin, our Wills showing that we had left property to each other and the beneficiary forms of our pension plans, showing that we are each others beneficiaries if one of us dies.

Good luck!

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Old 01-21-2015, 06:00 PM
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Quote:
Originally Posted by LizBee View Post
Your evidence looks really solid. Just a couple of points:

- try to show evidence from each year. You mentioned showing only your oldest and newest bank statements; rather show from each year. Your most recent one is actually pretty meaningless.

- you also need to show some evidence that your relationship has a future (I think the forms call it 'genuine and enduring'). We submitted forms from our Medical Insurance showing that we are listed as each others Next of Kin, our Wills showing that we had left property to each other and the beneficiary forms of our pension plans, showing that we are each others beneficiaries if one of us dies.



Good luck!
Thanks, great advise.


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