De facto visa - Living together

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De facto visa - Living together


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Old 08-27-2011, 06:48 PM
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De facto visa - Living together

Hi!

I have some questions which I hope someone can help me with. I have read some threads on it but I am still unsure about it. My boyfriend and I have been together for 11 months and we are planning on lodging our visa in January because I am going over there and we can make sure we have everything in person. We've just started to compile information. I lived with him over there for 8 months and then he came to Canada and we got an apartment together for a month. So we have lived together for a total of 9 months. He left just last month. I had to come back due to family issues as well as my visa runs up in September. So I didn't quite stay the year there but I was unable to. We have a bank account together, I am in his will, I am his beneficiary and I was only put on the lease at the house in January but had been living there since October.

We will have only lived together for 9 months in total and I know they want you to have lived together for 12, will this be a problem? Would it help if I went over there and lived for another 3 months on a holiday visa? Because that still wouldn't be 12 months in a row.

Will it be a problem that I was only put on the lease in January? We lived with roommates, I know they can vouch for us but I am not sure if that counts?

We lived together from day one due to circumstances, I was travelling with a friend who knew him and his family and we came over to visit them, lived with his dad first them moved into my bf's place and we started dating. I had met him and hung out with him before but we weren't "official." Will this look weird that the date we started dating was the day I moved in?

Thank you so much to anyone who can help! It is such a big scary process and it is so nice to know there are other people who have succeeded! I greatly appreciate any advice!


Last edited by Shlee11; 08-27-2011 at 06:51 PM.

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Old 08-28-2011, 02:02 AM
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Hi,

The evidence that you have is good (joint account, beneficiary, will, lease - it doesn't matter if you weren't always on the lease, you can use statutory declarations).

However, there's a problem regarding the 12 month requirement.
The 12 month living requirement is this:
To be eligible for a Partner visa on the basis of a de facto relationship at the time you
apply, you and your partner must be aged 18 years or over and:
• have been in the relationship for at least the entire 12 months before the date you lodged your Partner visa application; or
• meet one of the provisions set out below.
Note: Periods of ‘dating’ would not generally be considered to count towards the
12-month relationship requirement.

Source: page 19 of this booklet:
http://www.immi.gov.au/allforms/booklets/1127.pdf

Your first problem is convincing immigration that the first couple of months living together was not a period of 'dating'. De facto partners are un-married people living in a marriage-like relationship.

The second problem is that the 12 months really should be actual 12 months before applying, as in, you can't stick together months of co-habition with long periods of separation in between. They only allow for short periods of separation during the 12 months, and you must have kept in close contact during that time.

Eg: Say a couple got an apartment together, they live together for 3 months, then one of them must travel for work for 3 weeks. They keep in close contact, then they are together again and continue to live together. You can only have temporary separations.
There have been couples who were rejected because they applied a couple weeks less than exactly 12 months.

Where does your partner live in Australia? If he lives in NSW, you will be able to "register" your relationship (a service that same-sex couples use instead of marriage), at the registry of Births, Deaths, and Marriages. Doing this will waive the 12 month requirement. It's explained on page 19 of the booklet I put, under "Waiver of the 12-month relationship requirement".

Also have a read of the booklet, to page 41 where you'll see a guide for the sort of evidence they need, and the 4 different types.

Lastly, what country are you from? You might be eligible for a working holiday visa which will allow you to live here for 12 months, at the end of which you can apply for the visa.


Last edited by SarahM; 08-28-2011 at 05:17 AM.

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Old 08-28-2011, 02:18 AM
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I second SarahM - I think the 12 months of ongoing cohabitation is critical to qualifying for this visa. I think Immi would also question that you began your defacto relationship the moment you met / moved in together - is it reasonable for me to suggest there was a transition period where you went from being housemates to being in a defacto relationship?

Have you considered a Prospective Marriage visa? You would obviously have to be planning to marry to qualify for that, but my personal opinion is that at this stage you do have problems in qualifying for the de facto visa...

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Old 08-28-2011, 03:58 AM
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Hi SarahM / Missmullen,

Thanks for replying to my post. I am from Canada and I went there on a working holiday visa and met my boyfriend then. So I have already had my working holiday visa. That is why I had to go home because it was nearly up. Is there anyway we can get around this? I don't really have other options to go out there and live with him for another year and then apply. And unfortunately I looked into registering our relationship but he lives in QLD and they don't have that option available. We got very serious very fast but it worked for us. And we aren't planning on lodging our visa until January and by then we will have been together for 15 months. We are trying to do everything we can to prove our relationship is serious but we just are unsure of how to get around the 12 months of living together. Do you have any other suggestions? I have read the booklet a few times and I have read a lot of good tips on applying on threads, I'm just stressed about this. I feel like we have good evidence to prove we are committed and serious but we are lacking this one thing! My boyfriend has a good job at a hospital and he can sponsor me so I wouldn't be a drain to the system. Is that at all helpful? Thanks for the help again.


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Old 08-28-2011, 04:24 AM
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Quote:
Originally Posted by Shlee11 View Post
Hi SarahM / Missmullen,

Thanks for replying to my post. I am from Canada and I went there on a working holiday visa and met my boyfriend then. So I have already had my working holiday visa. That is why I had to go home because it was nearly up. Is there anyway we can get around this? I don't really have other options to go out there and live with him for another year and then apply. And unfortunately I looked into registering our relationship but he lives in QLD and they don't have that option available. We got very serious very fast but it worked for us. And we aren't planning on lodging our visa until January and by then we will have been together for 15 months. We are trying to do everything we can to prove our relationship is serious but we just are unsure of how to get around the 12 months of living together. Do you have any other suggestions? I have read the booklet a few times and I have read a lot of good tips on applying on threads, I'm just stressed about this. I feel like we have good evidence to prove we are committed and serious but we are lacking this one thing! My boyfriend has a good job at a hospital and he can sponsor me so I wouldn't be a drain to the system. Is that at all helpful? Thanks for the help again.
Hi Shlee,

Well I guess you have three options:
  1. Apply for the de facto visa with the full understanding that you do not meet the 12 month requirement, and see how it goes. But to be honest, if I were in a Case officer's shoes and saw you didn't meet the 12 month requirement, I think it would be difficult to form the view that you meet the criteria to be able to qualify for that visa...
  2. As I mentioned in my previous post, look into the Prospective Marriage visa. You have to prove you are in a genuine and committed relationship and will be required to marry within 9 months of entering Australia, following which you apply for the Partner visa.
  3. Try for a 12 month tourist visa. You won't be able to work during your time there, but it would enable you to clearly meet the 12 month requirement. At the end of that 12 month period, providing you don't have a no Further Stay condition on your visa, you could then apply for the Partner visa onshore.

Personally if I were in your position I would go for option 2 or 3, as option 1 has less chance of getting the outcome you want.

Hope this helps!

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Last edited by missmullen; 08-28-2011 at 04:27 AM.

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Old 08-28-2011, 05:08 AM
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Quote:
Originally Posted by missmullen View Post
Hi Shlee,

Well I guess you have three options:
  1. Apply for the de facto visa with the full understanding that you do not meet the 12 month requirement, and see how it goes. But to be honest, if I were in a Case officer's shoes and saw you didn't meet the 12 month requirement, I think it would be difficult to form the view that you meet the criteria to be able to qualify for that visa...
  2. As I mentioned in my previous post, look into the Prospective Marriage visa. You have to prove you are in a genuine and committed relationship and will be required to marry within 9 months of entering Australia, following which you apply for the Partner visa.
  3. Try for a 12 month tourist visa. You won't be able to work during your time there, but it would enable you to clearly meet the 12 month requirement. At the end of that 12 month period, providing you don't have a no Further Stay condition on your visa, you could then apply for the Partner visa onshore.

Personally if I were in your position I would go for option 2 or 3, as option 1 has less chance of getting the outcome you want.

Hope this helps!
Do they have 12 month tourist visas? I thought it was only 3 months at a time and then you are required to leave the country for a certain amount of time and then you can re enter on another 3 month tourist visa. I was also considering getting a student visa if need be. I don't want to rush into a marriage just for a visa so the prospective marriage visa isn't really an option for me. But thanks for the tips.


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Old 08-28-2011, 05:24 AM
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Quote:
Originally Posted by Shlee11 View Post
Do they have 12 month tourist visas? I thought it was only 3 months at a time and then you are required to leave the country for a certain amount of time and then you can re enter on another 3 month tourist visa. I was also considering getting a student visa if need be. I don't want to rush into a marriage just for a visa so the prospective marriage visa isn't really an option for me. But thanks for the tips.
Hi,

Yes there are 12 month tourist visas:
This one requires you to be invited/sponsored by a relative (your partner):
Sponsored Family Visitor visa (Subclass 679)
This is just a normal tourist visa:
Tourist Visa (Subclass 676)

You are in Canada at the moment? If you come to Australia and apply in January, you would have been apart for too long - the 12 months needs to be unbroken/constant. If you are apart for a couple of months, basically your 12 month clock has been reset to zero and you will need to spend another 12 months together from scratch.

If you can deal with not working, go for this option. If the visa is granted without a no further stay condition, you will be able to apply onshore. If it's granted with a no further stay condition, you'll have to go back to Canada and apply straight away.

I would not apply for the visa without having lived together for the whole 12 months prior to applying, the visa would be rejected on the first glance.

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Old 08-29-2011, 05:26 PM
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My partner and I have discussed our options and it looks like we may be going with the PMV now. Thanks so much for your help with everything! And SarahM you've been so helpful, I've read other threads with answers from you and they have been very informative.


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Old 08-30-2011, 12:23 AM
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Good luck with the PMV, so you're getting married I'm sure with all your evidence the PMV will be no trouble, all the best!


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