Defacto Visa requirements, advise needed!

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Defacto Visa requirements, advise needed!


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Old 04-28-2015, 01:29 PM
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Defacto Visa requirements, advise needed!

Hi, I am an Australian citizen. My partner holds a Pakistani passport and has been in Australia for 2 and a half years on a student visa. It is about to expire so we are thinking of applying for the defacto visa. I know you have to have been in a defacto relationship for at least 12 months before applying... but do you think it would be ok if we have been in an official relationship for just over 12 months, and during that time we were very committed, and he pretty much lived at mine. We didn't officially move in together or set up our joint bank account until September last year though.
We thought we could maybe get through this by saying that we couldn't initially have lived together from April to September as he was already in a lease at his current property that he couldn't break, but we can get evidence from my housemates and his that we spent most nights together.
Otherwise could we use his religion as a way around (he's muslim so it is forbidden to live with a partner unless you are married) and just say that he eventually went against his religion because he could see our future together?

Any help would be super appreciated! Thanks


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Old 04-28-2015, 02:16 PM
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using someones faith to circumvent the process is another reason why most of us suffer massive delays and huge processing times and its pretty low to use it because its convenient.
he either abides by his faith or he doesnt. you cant just shoehorn it in because you lack in one aspect of your relationship

for a defacto partner visa, you must have been in a defacto relationship. what you state sounds like dating.
how can you prove you shared a household, how can you prove you had shared finances or legal responsibilities as a couple. this is what dibp will judge your application on. if you fail to meet one of these , they will reject.
even if your partners 'faith' forbids it.

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Old 04-28-2015, 08:39 PM
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If you wanted to claim that you could not live together on religious grounds, you'd have to be consistent.It would also have to be genuine and not something you made up.

There are many posts on this forum that explain the de- facto requirements. You either meet them or you don't

The way you are approaching this makes me think you should seek some professional advise or set yourself up for an expensive refusal.

When it comes to relationship evidence, my 2 basic rules are: 1) keep it simple 2) tell the truth.

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Old 04-28-2015, 08:45 PM
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Quote:
Originally Posted by bn91 View Post
Hi, I am an Australian citizen. My partner holds a Pakistani passport and has been in Australia for 2 and a half years on a student visa. It is about to expire so we are thinking of applying for the defacto visa. I know you have to have been in a defacto relationship for at least 12 months before applying... but do you think it would be ok if we have been in an official relationship for just over 12 months, and during that time we were very committed, and he pretty much lived at mine. We didn't officially move in together or set up our joint bank account until September last year though. We thought we could maybe get through this by saying that we couldn't initially have lived together from April to September as he was already in a lease at his current property that he couldn't break, but we can get evidence from my housemates and his that we spent most nights together. Otherwise could we use his religion as a way around (he's muslim so it is forbidden to live with a partner unless you are married) and just say that he eventually went against his religion because he could see our future together? Any help would be super appreciated! Thanks
Hi bn91

Ultimately you need to show DIBP that your partnership is in accordance with their "defacto" standards. Your current situation may not cut it. I'm not an expert though, this is only my humble opinion.

You mentioned that your partner's student visa is expiring soon - has he finished his degree? If so, look into temporary graduate visa subclass 485 as this might be able to give you both the opportunity to build your evidence and subsequently satisfy DIBP requirements for defacto visa.

Also, a consultation with a registered migration agent might be beneficial. I'm sure there are credible ones that frequent this forum.

All the best!


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Old 04-28-2015, 10:37 PM
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Your reasons for not being able to live together wouldn't be sufficient. Not being able to break a lease doesn't mean he couldn't still move in with you (he wouldn't be paying any more than he was by living apart).

Unless you live in a state where you can register your relationship, I'd look into another visa (such as 485 which was suggested above), or if you're ready for the commitment, get married.

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Old 04-28-2015, 10:53 PM
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Originally Posted by AusIndo View Post
Hi bn91

Ultimately you need to show DIBP that your partnership is in accordance with their "defacto" standards. Your current situation may not cut it. I'm not an expert though, this is only my humble opinion.

You mentioned that your partner's student visa is expiring soon - has he finished his degree? If so, look into temporary graduate visa subclass 485 as this might be able to give you both the opportunity to build your evidence and subsequently satisfy DIBP requirements for defacto visa.

Also, a consultation with a registered migration agent might be beneficial. I'm sure there are credible ones that frequent this forum.

All the best!
Quote:
Also, a consultation with a registered migration agent might be beneficial. I'm sure there are credible ones that frequent this forum.
They might be in the unfortunate position, having budgeted a large amount to study in Australia for a few years and a significant amount to lodge a partner visa, of not being able to afford a consultation fee for a RMA.

Over the years many prospective applicants have been reduced to similar circumstances. There are others on this forum apparently experiencing similar difficulties.

Many years ago I received an after-hours telephone call form a student who claimed to have invested $180 000 to complete two degree courses and support his family in Australia. He wanted to see me urgently, so I offered him an appointment for the next day. It looked good until I informed him that my consultation fee was $121, including GST; it is more now. He bailed out, but came back some time later to let me know he had lodged a visa application his own behalf and had been refused. He wanted to know what to do. I was tempted to tell him. When he first phoned me, he was about to exceed the 6 months post-completion he had to lodge as a student, and duly did so. Should I have told him that he had 4 days to lodge a valid application? Had I done so and had he stuffed it up in some other way, he would no doubt have complained, to no effect, that I told him to lodge.

Many students deal with 'education agents' who rely on kickbacks (known as commissions) from course providers and charge applicants minimal or no fees, so students expect free advice when they discover that they are up the well-known creek in a barbed wire canoe with no paddle. Free advice is usually worth what is paid for it. Sometimes students get good advice for nothing, more often, good for nothing advice.

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Last edited by wrussell; 04-28-2015 at 10:55 PM. Reason: typo

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Old 04-28-2015, 11:24 PM
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Originally Posted by wrussell View Post
They might be in the unfortunate position, having budgeted a large amount to study in Australia for a few years and a significant amount to lodge a partner visa, of not being able to afford a consultation fee for a RMA. Over the years many prospective applicants have been reduced to similar circumstances. There are others on this forum apparently experiencing similar difficulties. Many years ago I received an after-hours telephone call form a student who claimed to have invested $180 000 to complete two degree courses and support his family in Australia. He wanted to see me urgently, so I offered him an appointment for the next day. It looked good until I informed him that my consultation fee was $121, including GST; it is more now. He bailed out, but came back some time later to let me know he had lodged a visa application his own behalf and had been refused. He wanted to know what to do. I was tempted to tell him. When he first phoned me, he was about to exceed the 6 months post-completion he had to lodge as a student, and duly did so. Should I have told him that he had 4 days to lodge a valid application? Had I done so and had he stuffed it up in some other way, he would no doubt have complained, to no effect, that I told him to lodge. Many students deal with 'education agents' who rely on kickbacks (known as commissions) from course providers and charge applicants minimal or no fees, so students expect free advice when they discover that they are up the well-known creek in a barbed wire canoe with no paddle. Free advice is usually worth what is paid for it. Sometimes students get good advice for nothing, more often, good for nothing advice.
It is very unfortunate indeed! If they you could "gamble" 180k your consultation fee is highly competitive!

I think MARA or MIA or whatever they're called these days should police and regulate this to stop unregistered ppl providing immigration advice professionally if they're NOT qualified to do so. But then again there are also inexperienced qualified registered agents.

The bottom line is, I strongly believe when in doubts seek professional advice! At least you can blame them if you've been ill-advised....hehehe


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Old 04-28-2015, 11:49 PM
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Originally Posted by bn91 View Post
Otherwise could we use his religion as a way around (he's muslim so it is forbidden to live with a partner unless you are married) and just say that he eventually went against his religion because he could see our future together?

Any help would be super appreciated! Thanks
Should a religion be a VIP-lane to by-pass or overide necessary proof?
I'm shocked. .

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Old 04-29-2015, 12:17 AM
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Quote:
It is very unfortunate indeed! If they you could "gamble" 180k your consultation fee is highly competitive!

I think MARA or MIA or whatever they're called these days should police and regulate this to stop unregistered ppl providing immigration advice professionally if they're NOT qualified to do so. But then again there are also inexperienced qualified registered agents.

The bottom line is, I strongly believe when in doubts seek professional advice! At least you can blame them if you've been ill-advised....hehehe
They are now known as the OMARA. Here is my opinion of them. This appears on my website and all my service agreements:
************************************************** **********************************************
WARNING

The OMARA is an essentially useless office that is part of the Department of Immigration and Border Protection and I have told them so repeatedly. With the stroke of a pen the minister can terminate them all as easily as s/he can terminate a perfectly valid visa application. The OMARA can do nothing about unregistered agents overseas or parliamentarians or DIBP officers who give often incorrect, migration advice in Australia, or education agents who give catastrophically incorrect migration advice under the table. About all the OMARA can do, having received a complaint, is haul a registered migration agent over the coals - after the event. They cannot order repayment of money lost. They can do nothing when the minister (The Terminator) changes the rules in the middle of the game or one of his delegates or ‘designated authorities’ bungles your case. By the way, the ‘average fee’ misinformation published by the OMARA is just that.
************************************************** **********************************************

The Australian government and course providers are raking in too much money to keen about getting rid of unregistered agents, as NZ and Canada have done.

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Last edited by wrussell; 04-29-2015 at 06:01 AM. Reason: sp

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Old 04-29-2015, 12:32 AM
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Quote:
Originally Posted by Gothenburg View Post
Should a religion be a VIP-lane to by-pass or overide necessary proof?
I'm shocked. .
There are instances when religious issues are a totally legitimate barrier for couples to be able live together or get supporting evidence from (disapproving) family members.

I have successfully dealt with these issues for a Muslim-Buddhist, a Muslim-Hindu and even a Jewish-Muslim couple. All genuine cases and their circumstances were addressed in detail in my submission.

In the case of the OP there does not seem to be any valid concern, as they have been living together anyway, despite any religious issues.

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