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What is "Date of Application"? - Offshore De Facto

3K views 3 replies 2 participants last post by  Happy1979 
#1 ·
Okay, this might sound like a really stupid question but I've been searching forums and can't seem to find an answer (possibly because the question is so stupid nobody else needs to ask :eek: )...

Immigration states that "people applying as a de facto partner must have been in the relationship with their sponsor for the entire 12 months immediately preceding the date of application".

So, I am wondering what the official "date of application" is for the submission of an offshore de facto visa. I am applying in Turkey and I am located in Istanbul and the Embassy is in Ankara, so I will be posting the application. Will the date of application be the day I post off the application or the day it arrives at the Embassy?

I'm just curious after reading horror stories of people being rejected for submitting their application as little as 1 or 2 days early; but on the other hand the postal system here has been really unreliable lately so if the date of application is the day it's received at the Embassy I would like to post it off a bit early.

Our history is a little complicated so I will save you from reading the whole thing, but basically I have been living in Turkey with my partner since June 2010, but we had a temporary separation from Sep - mid-Nov 2010 where i was traveling Europe with my sister and had to return to Australia briefly before then coming back to Turkey and living with my partner ever since. Anyway, in my mind our de facto relationship started in June 2010, but I'm not sure Immigration will accept our period of separation (although we did maintain contact this whole time and the relationship was continuing) so we are waiting until November before submitting the application to ensure we meet the 12 months relationship/cohabitation rule.

I know I'm probably being silly and should just wait and play it safe, but all this waiting is killing me and I'm just over it and really want to go home with my partner, so I'm looking at any possible way to get us there faster, but also I don't want to any cut corners that might lead to rejection. I've read about people submitting onshore applications exactly on the 1 year mark but this is different as they are actually going into the department to submit, so I'm wondering what the procedure is for posted applications. I'm trying to time it so my "date of application" is the same as the date of my return to Turkey last November so it ensures my 12 months but also is the earliest application date which will hopefully lead to my earliest possible return to Australia.

Apologies in advance for the silliness of this question or if it has already been covered and thanks for your time in reading this (and for any replies).

Kindest regards,
tashla
 
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#2 ·
I'm no expert, but common sense to me would be that if you are posting it, that it is the day that you have signed, dated and posted the application. Assuming that you did all these around the same time. If you say signed and dated the applcation, but waited a couple of weeks to send it off, then probably the date it was received or date you have proof of postage for?

I'm a bit confused by you post, but if i'm reading right, although you were in a relationship june-nov, you were not defacto, so your defacto relationship started in nov 2010, so your planning on applying in a couple of months?
 
#3 ·
I'm a bit confused by you post, but if i'm reading right, although you were in a relationship june-nov, you were not defacto, so your defacto relationship started in nov 2010, so your planning on applying in a couple of months?
Hi, thanks for your response. Sorry if my post was confusing. As i said, it's pretty complicated, so I tried to only provide minimum details to spare you all from reading a saga.

My partner and I actually started our relationship in Dec 2009, but he had to return to Turkey a month later in Jan 2010. In June 2010 I went to Turkey and this is where I believe our de facto relationship started. However, due to a temporary separation from Sep to Nov 2010 we are waiting to submit our application until Nov this year just to play it safe and make sure we don't get rejected for not being 'de facto' and cohabiting for the full 12 months prior to application.

The separation was due to my traveling around Europe for two months and I had initially planned to fly back to Australia in Nov 2010 when I first purchased my tickets to Turkey back in Apr/May 2010. Since my partner and I weren't really together very long in Australia it was hard to tell how our relationship would progress, but we knew enough that we made the commitment to the long-distance relationship and were in daily contact from his departure in Jan to my arrival in Turkey in June. Initially we were trying to get him an employer-sponsered visa, but he hasn't been able to fulfill the IELTS requirement (he's taken the test a few times to fail by half a mark each time). During my time in Turkey we realised that we definitely wanted to be together and my upcoming departure to Europe and back to Australia really saddened us. We applied for a tourist visa for him so he could come back to Australia with me. Unfortunately immigration took a very long time processing it and the day came when I had to leave and he still didn't have a response, so I left and we waited for their answer hoping he would soon be able to follow and join me. But alas, about a week after I was back in Australia he got the rejection letter. I was supposed to be going back to work, but we really didn't want to be separated any longer so I quit everything and bought a ticket to Turkey and went back. We tried the IELTS a few more times with no luck and then I realised that we may be eligible for the partner visa, and here we are...

It sort of feels like everything depends on us getting this visa as I don't know any other options of how we can be together. I don't have anything for me here in Turkey, only my partner, so I'm waiting until the day we can both go back to Australia. I suppose I should be grateful that at least I can be with my partner while we're waiting, but I would really like to get back and reclaim my life and start working again. We're really struggling on a single income. So I really want this visa processed as fast as possible, but also I want to make sure it's done right. If we get rejected I don't know how we would manage to pay for another application.

I really hope this post made a little more sense and hasn't confused you further.

Thanks again for your response.
tashla
 
#4 ·
Oh Tashla, I really feel for you, its not nice being in this kind of 'limbo'

I think if I were you, personally I would wait till Nov to apply for the defacto - just to be on the safe side. The main reason i've heard of on here and other forums for people being rejected is not having the 12 months.

The other option could be to apply for the PMV? Obviously this would involve you guys getting married, but if you are serious it could be an option? The criteria for this visa is a lot more relaxed. We were origionally going to apply for the defato so were already collecting evidence for this, but then my partner proposed and so we went for the PMV instead, but submitted an very full (and big!) application with a lot more info than was actually needed, which I think helped

Sorry, I'm waffling now, but if you guys are genuine (which I'm sure you are) then you will get there in the end!

x
 
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