Under a year living together

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Under a year living together


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Old 03-11-2015, 08:41 PM
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Under a year living together

Me and my fiancÚ have been together for 7 months and living together for 5 months. We have a partner visa application which we are waiting to hear from. I've been advised this can take about 8 months. I can stay in Australia whilst they are deciding on it. If it gets rejected because we haven't lived together for 12 months could we appeal or apply again, By the time it takes we will have lived together for 12 months and can put together lots of evidence over the next few months?


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Old 03-11-2015, 09:27 PM
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if you cant show you havent been defacto for a minimum of 12 months, then im afraid you dont really stand a chance. thats why i got rejected last time. have you shared finances , shared commitments, shared household, travel plans, future plans etc
if you get rejected, dont appeal to the mrt, its expensive and timely, just reapply like i did with a whole bunch of new strong evidence


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Old 03-11-2015, 09:36 PM
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You must meet the de-facto requirements at the time you lodge the application. Any evidence acquired after that date will not be considered.If you cannot prove that you were in a de-facto relationship at the time the application was lodged, it will be refused. If you are able to register your relationship, you may still be able to salvage it.

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Old 03-11-2015, 10:24 PM
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Originally Posted by NiallC33 View Post
if you cant show you havent been defacto for a minimum of 12 months, then im afraid you dont really stand a chance. thats why i got rejected last time. have you shared finances , shared commitments, shared household, travel plans, future plans etc
if you get rejected, dont appeal to the mrt, its expensive and timely, just reapply like i did with a whole bunch of new strong evidence
Thanks for your reply. So if we start getting shared finances, future plans together over the next few months whilst waiting for this application we could then use it for another application? It will give us the chance to stay together and get more evidence together and then apply later again? By that time we will be living together for 12 months. I dont this application will be successful.


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Old 03-11-2015, 10:29 PM
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Where do you live? Depending where you live you can register the relationship and that waives the 12 month living together requirement. This can be done anytime up until the decision has been made.

You will have to reapply offshore if rejected because otherwise you will be subject to schedule 3 which can be hard to waive. Schedule 3 is when you apply and you are on a bridging visa and have had a visa cancelled or refused since you last entered Australia.


Last edited by Mish; 03-11-2015 at 10:32 PM.

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Old 03-11-2015, 10:59 PM
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so your partner will subsidise your stay in aus and has just paid nearly 5k for a hopeful punt visa app?
marry the guy, youve struck gold

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Old 03-11-2015, 11:58 PM
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Originally Posted by Scotsgirl28 View Post
Me and my fiancÚ have been together for 7 months and living together for 5 months. We have a partner visa application which we are waiting to hear from. I've been advised this can take about 8 months. I can stay in Australia whilst they are deciding on it. If it gets rejected because we haven't lived together for 12 months could we appeal or apply again, By the time it takes we will have lived together for 12 months and can put together lots of evidence over the next few months?
What is the subclass of visa for which you applied?

Where was the visa applicant when s/he applied and where is s/he now?

I strongly advise you to take professional advice about your visa options from a registered migration agent.

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Old 03-12-2015, 01:55 AM
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Quote:
Originally Posted by Scotsgirl28 View Post
Me and my fiancÚ have been together for 7 months and living together for 5 months. We have a partner visa application which we are waiting to hear from. I've been advised this can take about 8 months.
I don't mean to alarm you but by the sounds of it you do not meet the criteria for the visa you have applied for. While processing can take in excess of 12 months,there is a good chance that once a case officer has established you don't meet the defacto criteria you will be rejected much quicker than the standard processing time. When did you lodge the application? NiallC33 who has posted on this thread had his application rejected in 3 months - which means you won't have the 8+ months onshore to build up evidence.

I would be seeking the guidance of a registered migration agent to discuss your options.

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Old 03-12-2015, 03:50 AM
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Quote:
Originally Posted by Scotsgirl28 View Post
Thanks for your reply. So if we start getting shared finances, future plans together over the next few months whilst waiting for this application we could then use it for another application? It will give us the chance to stay together and get more evidence together and then apply later again? By that time we will be living together for 12 months. I dont this application will be successful.
Don't take this the wrong way, but the money you most likely will have wasted on the first application (plus the extra cost if you have to leave Australia) would have gone a long way towards paying for professional advice. I have stopped quite a few people from lodging applications when they did not yet meet the requirements.

Without knowing the full details of your situation , I cannot advise you on the best way forward.

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Old 03-12-2015, 04:55 AM
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What visa are you on at the moment? Because if you are on a bridging visa you won't be able to apply again onshore once you are rejected

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