DE FACTO visa ...do we have the 12 months requirement???

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DE FACTO visa ...do we have the 12 months requirement???


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Old 09-29-2011, 12:58 AM
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DE FACTO visa ...do we have the 12 months requirement???

Hello!!!

Here our story (as brief as I can):
Me and my partner met 3 years ago during travels, met again 2 years ago, started a long distance relationship in april 2010.
on july 1st he moves to france with me, in my house for 2 months and half, waiting for me to cease my job/house contract and move to australia (he paid me rent/bills, but cash!!!) .
he leaves on september 13th and i move to australia on november 19th.
It is now 10 months that we live together in australia (joint bank account, both name on the lease of the house).

We are going to apply this week! my visa ends in 2 months but we have 5 statements from friends and colleagues who say my partner came to live with me in europe for 2,5 months. Two of them visited us there and say that in the statement.

We have also proof of travels together, emails and skype evidence of our contacts during the 2 months we have been separated.

Do you think we have the 12 months requirement????

we are going to apply very soon!!!

Thank you!!!!


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Old 09-29-2011, 02:22 AM
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Seeing as your separation was only 2 months I would call Immi and ask if you can prove communications over those 2 months will they accept it as a 12 month defacto relationship.

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Old 09-29-2011, 02:36 AM
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Quote:
Originally Posted by whatnext View Post
Seeing as your separation was only 2 months I would call Immi and ask if you can prove communications over those 2 months will they accept it as a 12 month defacto relationship.
Thanks for your reply!!!

I asked and they just told me that if I can prove that my bf shared my house in Europe that will count...
What I'm not sure is what happens if they dont' accept the European period?
We are going to be together in Australia for 12 months the day after my visa expires...is it better to apply later, at the end of november (just before the expiring of the visa) or now?
I wanna be sure I'll have a bridging visa and not make all arrangments at last minute.....


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Old 09-29-2011, 02:38 AM
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Others on these forums will tell you (and there are lots of threads related to this issue which you can search for) that they have applied in person on the last day of their visa and been issued a bridging visa on the spot. I think you're better off waiting and then at least you'll have that certainty that you meet the 12 month requirement.

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Old 09-29-2011, 02:50 AM
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Thank you too, I think it's a good option..

What if I have all documents signed(certified by a police officer) and statutory declarations signed at 27 of september? do we have to make some new ones if we apply in november??
or can we apply with a 2 months old declarations?


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Old 09-29-2011, 03:12 AM
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Quote:
Originally Posted by Laura81ita View Post
Thank you too, I think it's a good option..

What if I have all documents signed(certified by a police officer) and statutory declarations signed at 27 of september? do we have to make some new ones if we apply in november??
or can we apply with a 2 months old declarations?
It's fine to submit the same stat decs - DIAC understand that it takes time to prepare the application, it would be unreasonable of them to require the stat decs to be dated the same as the application date

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Old 09-29-2011, 03:41 AM
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Laura81ita, I second missmullen, you should play it safe and apply on the last day of your visa - better safe than sorry.


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Old 09-29-2011, 03:55 AM
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thank you all! we will submit it the last week then, might get more evidence in the next month!!!!
good luck to all x


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Old 09-29-2011, 05:56 AM
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Also, we share our apartment with another person, who made a statement about us living as a couple.
He is in the home lease too...

Can this be a problem
We couldn't afford a nice house wihout sharing at that time...


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Old 09-29-2011, 08:44 AM
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Quote:
Originally Posted by Laura81ita View Post
Also, we share our apartment with another person, who made a statement about us living as a couple.
He is in the home lease too...

Can this be a problem
We couldn't afford a nice house wihout sharing at that time...
Hardly a problem, lots of people live with friends/parents/cousins, ect. Just use the stat decs (statements) and letters addressed to you both, that's fine.


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