De facto VISA (your advice on my case)

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De facto VISA (your advice on my case)


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Old 01-22-2012, 04:41 PM
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De facto VISA (your advice on my case)

Hy Everyone,

It is my first message on this forum so I would like to greet you all
I am French, and my partner is Australian, we have been in a relationship for a bit more than 2 years. And I decided to apply for a partner (de facto) VISA.

The problem (is it really a big problem??) is that we have not lived together for 12 months because of both work and study commitment. To be more precise, we have lived together for approximately 10 months but not in a row. So, according to the fact sheet 35 : "It is recognized that it is possible for the parties to be physically apart for periods of time, due to work or travel commitments, yet committed to a shared life.", we may be eligible...

1/ We have lived together for 5 months, in my apartment in France, while she was studying in exchange. I supported her (Yes, I am the guy ) financially (I paid the rent, bills etc...) because I was working. So we don't have official proof that we have lived together during this 5 months. But we can give some unofficial papers (credit card receipt, photos etc...) that she was in the same town.

2/ After is exchange, she had to come back in Australia to finish her studies. She has come back in France after her last exam for 3.5 months. In her passport, it is written officially that she lived in my place. But I kept supported her financially. She eventually came back in Australia to start working.

3/ Finally, I went to Australia 1 month during holidays and we lived together in her parents’ house. So, her parents (who are Australian) can certify that we did live together during this period.

Otherwise, I think we can show that we have a genuine relationship. We have:
- a lot of photos of us with my family and her family.
- a lot of photos of us in different countries (France, Belgium, England, Australia) while we were travelling.
- Letters that we sent to each other while we were not together.

Besides, we don't have any other particularities (no criminal records ...) and we both have a good situation (I am currently working at BNP Paribas Paris and I hold a masters in actuarial and financial science, she works as a consultant at PwC Melbourne).

Well!
After this long context... here is my question!

Do you think I have a good chance to get granted?

Thanks,
Jonathan


Last edited by Deeprod; 01-22-2012 at 04:43 PM.

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Old 01-22-2012, 10:02 PM
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Hi Jonathon

It's hard to stay if it would get granted or not. Each case is so individual but going by the guidelines it would help if you had some more financial commitment. Do you have any joint accounts together? Have you paid for any of her trips or vice versa?

Since you don't have the full 12 months living requirement you'll have to try an prove that your relationship is a true defacto relationship rather than a long distance relationship.

Did your partner have any of her mail sent to your address when she stayed with you?

You will need to have a very thorough and evidence heavy application to overcome the 12 month requirement. They can be quite strict on this condition.

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Old 01-22-2012, 10:05 PM
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Quote:
Originally Posted by Deeprod View Post
Hy Everyone,

It is my first message on this forum so I would like to greet you all
I am French, and my partner is Australian, we have been in a relationship for a bit more than 2 years. And I decided to apply for a partner (de facto) VISA.

The problem (is it really a big problem??) is that we have not lived together for 12 months because of both work and study commitment. To be more precise, we have lived together for approximately 10 months but not in a row. So, according to the fact sheet 35 : "It is recognized that it is possible for the parties to be physically apart for periods of time, due to work or travel commitments, yet committed to a shared life.", we may be eligible...

1/ We have lived together for 5 months, in my apartment in France, while she was studying in exchange. I supported her (Yes, I am the guy ) financially (I paid the rent, bills etc...) because I was working. So we don't have official proof that we have lived together during this 5 months. But we can give some unofficial papers (credit card receipt, photos etc...) that she was in the same town.

2/ After is exchange, she had to come back in Australia to finish her studies. She has come back in France after her last exam for 3.5 months. In her passport, it is written officially that she lived in my place. But I kept supported her financially. She eventually came back in Australia to start working.

3/ Finally, I went to Australia 1 month during holidays and we lived together in her parentsí house. So, her parents (who are Australian) can certify that we did live together during this period.

Otherwise, I think we can show that we have a genuine relationship. We have:
- a lot of photos of us with my family and her family.
- a lot of photos of us in different countries (France, Belgium, England, Australia) while we were travelling.
- Letters that we sent to each other while we were not together.

Besides, we don't have any other particularities (no criminal records ...) and we both have a good situation (I am currently working at BNP Paribas Paris and I hold a masters in actuarial and financial science, she works as a consultant at PwC Melbourne).

Well!
After this long context... here is my question!

Do you think I have a good chance to get granted?

Thanks,
Jonathan
The short answer would be no, I don't think you have a 'good' chance of getting the de facto visa, as they are very strict on the 12 months requirement and I've heard of people being denied because they were a month or a wekk short or couldn't prove the whole year. I wouldn't risk it. They do seem to allow it with the 'periods of separation' but I think it's only very rare cases such as illness, emergencies that they really consider. You will need much more than letters and photos too, have a look at the booklet where the types of evidence are described.

How old are you? If you're under 30, you could get a Working Holiday Visa to get your 12 months together. Or, if like you say your partner lives in Melbourne you could register your relationship and waive the 12 months requirement. I think you would need to have an address in Melbourne though, so you might need to go over with another visa and apply to register the relationship together. Another option would be the Prospective Marriage Visa since you have evidence of commitment. This would allow you to apply from home but you would need to get married within 9 months, not sure if that's too big a step for a visa if you're not ready.

If you go for the de facto visa, I'd say your chances are very slim so don't waste the money and try to find another way. Good luck!


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Old 01-30-2012, 09:51 PM
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Thank you for your answers.
I took your advices into account and i tried to figure out an other way to increase my chance. So, I contacted an immigration agent.
She told me that she is really confident about my case and she almost assures me that if I go trough her company it would be fine (cost : 2600$).

Should I believe her ? Is it really more efficient if I use an immigration agent ? Or are they just useful for checking if the application is complete, but no higher chance to get granted ?


  #5 (permalink)  
Old 01-31-2012, 01:54 AM
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Going through an agent will not help your chances of overcoming the 12 month living requirement. Did she suggest how she might get around this??

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Old 01-31-2012, 06:29 PM
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I asked the question to my immigration agent and I post the answer when I get a feedback from her. But if I read the fact 35 :

"What is the relationship requirement?

Applicants seeking to demonstrate a de facto relationship with their partner must provide evidence that for the period covering at least the twelve months before the visa application is lodged:

they had a mutual commitment to a shared life to the exclusion of all others
the relationship between them is genuine and continuing
they live together, or do not live separately and apart, on a permanent basis
.

Living together is regarded as a common element in most on-going relationships. Partners who are currently not living together may be required to demonstrate a high level of proof that they are not living separately and apart on a permanent basis."

They never say "living continuously during 12 months" is compulsory.
Also, an extract from the Q&A

"My job in Australia does not allow me to travel to my partner's country to live there for extended periods. We have been in a relationship for 12 months but lived together for only eight months. Will I be eligible to sponsor my partner to Australia?

You may be eligible. It is recognised that it is possible for the parties to be physically apart for periods of time, due to work or travel commitments, yet committed to a shared life.

In assessing a relationship, a number of factors other than periods of physical cohabitation are taken into account."

So it may work...


  #7 (permalink)  
Old 01-31-2012, 09:13 PM
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Maybe the agent knows some tricks and tips to enhance your evidence because in a previous post you said you don't have any official proof your partner lived with you for that 5 months which is the longest period you have lived together.

From reading many posts on here and the wording of that exemption I would assume that a couple would be living together permanently. So both people registered at that address and both use that address as a main base but due to work and study reasons must travel overseas for periods of time.

I'm not trying to be negative towards your case but it's a lot of money to risk, especially if you use an agent and not having proof of your partner living with you may make things difficult.

Do you have any joint accounts and financially support each other while since being apart?

I hope the agent has a good answer for you and I would suggest taking some more time to really beef up you r evidence.

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Old 02-01-2012, 11:05 PM
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Talk to the agent to see if there are any sort of guarantees, etc.

What I've seen so far with agents is that they can make anything happen. I had a friend who applied for onshore defacto with a permanent medical condition and his visa was granted in two months.

I didn't use an agent, clean bill of health, blah blah, I'm still waiting 10 months later.


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Old 02-02-2012, 12:15 AM
jan jan is offline
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de facto and tourist

Hello everyone

My partner and I are in a relationship for more than 4 years now. I and my partner are planning to apply for a de facto visa. Can I apply for a de facto and tourist visas at the same time? How long does it take? By the way the visa I am using now is my 4th tourist visa.

Thanks
Jan


  #10 (permalink)  
Old 02-29-2012, 08:13 AM
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Why don't you try consulting another agent to see if they would give you the same answer as the agent you initially contacted? Alternatively, try calling the Australian High Commission.


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