820-valid exemption for not living together for 12 months

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820-valid exemption for not living together for 12 months


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Old 01-22-2015, 03:09 AM
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820-valid exemption for not living together for 12 months

Dear all,

I have a question regarding "exemption for not living together for 12 months" . We have been together for 2 years and both of us are living in Victoria for more than 2 years (my partner was born here and I came here in 2012). Although both of us are very serious about this relationship, we can not physically live together until we get married due to our religious background. He lives with his family and I live in a shared house with friends. There are 13 months until my current visa expires and we are trying hard to gather evident for 820 visa.

We have registered our relationship with Victoria Birth, Death and Marriage. However, it may take up 3 months for processing. Does it need to be registered 12 months prior to application lodgement?

We have a joint bank account but this one is only used when we have meals together outside. We dont pay bills together.

I can add my partner's name to my lease agreement and my superannuation.

We have a number of mutual friends who can be witnesses of our relationship.

Is there anything else we can do to prove that we are in serious continuing relationship?

Thank you very much and good luck for your applications


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Old 01-22-2015, 08:32 AM
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Why do you not get married then?

If you live apart - how will you satisfy the relationship evidence required? E.g proof that you maintain a household together?

You relationship does not need to be registered for 12 months prior to application date. It just needs to be registered before they make a decision on your visa.

How can you add your partners name to the lease if he doesn't live with you? This came up on the forum yesterday and I was reminded that this is fraud.

You will need more proof than what you have stated in your post. I suggest you use the search function on this site (top right corner) to look for posts of people listing the evidence they have supplied. Search "820 evidence" or "partner visa evidence" etc.

I would also suggest you read these posts below so you understand just how much evidence you need to supply:

http://www.australiaforum.com/visas-...resources.html

http://www.australiaforum.com/visas-...d-i-apply.html

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Old 01-22-2015, 09:07 AM
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Thank you very much for your reply. He can stay with me but not all the time as he needs to take care of his parents. His parents are over 65. so he only can stay with me 1 or 2 days per week. In addition, we share a house with friends as well so I doubt that we qualify the requirement "living together"


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Old 01-22-2015, 09:13 AM
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Thanks for the links

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Old 01-22-2015, 09:27 AM
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I don't know if that will satisfy the immigration department.

Could you get married and then live together in his house with his parents? My partner and I lived together with my parents for 12 months before applying for the visa.

If you tell IMMI that you can't live together because you need to get married first they will wonder why you are not committed enough now to get married.

But have a read of the links I supplied and I would also suggest you have an initial consult with a MARA agent so they can put you on the right track to getting a partner visa - you have lots of time to prepare so best to speak with them sooner rather than later so that you can collect as much evidence as possible.

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Visa: 820/801 Partner (Defacto) from WHV
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Old 01-22-2015, 11:14 AM
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You'd be much better off to get married several months before your current visa expires, and that gives you time to build up relationship evidence AFTER your marriage in order to apply on the basis that you are a married couple. I think you'd have a struggle applying as a de facto since you don't live together (what you've described sounds far more like dating).

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Old 01-23-2015, 12:52 AM
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Quote:
Originally Posted by cocochit View Post
Dear all,

I have a question regarding "exemption for not living together for 12 months" . We have been together for 2 years and both of us are living in Victoria for more than 2 years (my partner was born here and I came here in 2012). Although both of us are very serious about this relationship, we can not physically live together until we get married due to our religious background. He lives with his family and I live in a shared house with friends. There are 13 months until my current visa expires and we are trying hard to gather evident for 820 visa.

We have registered our relationship with Victoria Birth, Death and Marriage. However, it may take up 3 months for processing. Does it need to be registered 12 months prior to application lodgement?

We have a joint bank account but this one is only used when we have meals together outside. We dont pay bills together.

I can add my partner's name to my lease agreement and my superannuation.

We have a number of mutual friends who can be witnesses of our relationship.

Is there anything else we can do to prove that we are in serious continuing relationship?

Thank you very much and good luck for your applications
It may be an exemption, but it's hard to say.

My advice is to see a migration agent. Only they will be able to know your chances based on your specific circumstances.

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Old 01-23-2015, 12:58 AM
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Quote:
Originally Posted by Engaus View Post
Why do you not get married then?

If you live apart - how will you satisfy the relationship evidence required? E.g proof that you maintain a household together?

You relationship does not need to be registered for 12 months prior to application date. It just needs to be registered before they make a decision on your visa.

How can you add your partners name to the lease if he doesn't live with you? This came up on the forum yesterday and I was reminded that this is fraud.
Why is that fraud? Her partner could be present only 1-2 days a week but still have their name on the lease. It's not that farfetched for a partner to have two residences for work or family reasons. I've known at least a few families where one parent only lives with the family for a few days a week (or even only a few days a month!), and I'm sure that parent's name was still on bills and on the deed of the house where he was only physically present a few days a week. It's not fraud to say you have two residences.

Still, I would say see a migration agent. They will be better able to help her with their specific situation.

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Old 01-23-2015, 01:18 AM
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Quote:
Originally Posted by cocochit View Post
Dear all,

I have a question regarding "exemption for not living together for 12 months" . We have been together for 2 years and both of us are living in Victoria for more than 2 years (my partner was born here and I came here in 2012). Although both of us are very serious about this relationship, we can not physically live together until we get married due to our religious background. He lives with his family and I live in a shared house with friends. There are 13 months until my current visa expires and we are trying hard to gather evident for 820 visa.

We have registered our relationship with Victoria Birth, Death and Marriage. However, it may take up 3 months for processing. Does it need to be registered 12 months prior to application lodgement?

We have a joint bank account but this one is only used when we have meals together outside. We dont pay bills together.

I can add my partner's name to my lease agreement and my superannuation.

We have a number of mutual friends who can be witnesses of our relationship.

Is there anything else we can do to prove that we are in serious continuing relationship?

Thank you very much and good luck for your applications
A recent federal court ruling, requires 'living together' for a de facto relationship to be established. Subsequent periods of separation would have to be explained.

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Old 01-23-2015, 01:55 AM
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I'm sorry but this doesn't add up. You say he can stay at your place 1 or 2 nights a week but you can't live together because before marriage because of religious reasons.

People that can't live together before marriage because of religious reasons can't spend 1 or 2 nights a week with each other.

Therefore since you can spend 1 or 2 nights together a week DIBP would question the religious reasoning.

I agree with all the others why not get married?


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