Registration of relationship UNFAIR!!

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Registration of relationship UNFAIR!!


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Old 06-28-2012, 02:40 AM
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Registration of relationship UNFAIR!!

I am finally SO pissed off about it that i have to rant! Why do some states get to waive the 12 month requirement and others dont? How can immi let it happen and assume that its fair?

We've just had our 1 yr anniversary and yet are still waiting to apply until september because thats when we have 1 yr for the bank account (we consider we became defacto after just 1 month of meeting but not sure immi will agree) even though we have plenty of other evidence to prove we were living together.

Meanwhile i keep hearing people who are applying with just 6 months co habitation. Its driving me crazy!!!

Does anyone else in WA feel ripped off?


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Old 06-28-2012, 03:14 AM
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I am sorry Holly,
I have the feeling you read my post last, which made you angry!
I totally agree that many things are so frustrating with immigration!
As it seems I have to wait for some more months, just for the sake of waiting. And this can only happen on a tourist visa! Then another person here tells me that it is not right to apply for a defacto from a tourist visa and get the work rights removed on the following bridging visa...ehhh...but how am I supposed to stay and collect months here in the first place??
It is all not very thought-through in my opinion!
All the best!!


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Old 06-28-2012, 03:49 AM
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Haha thanks i have no hard feelings against anyone who can use the loophole, im just annoyed that we cant! Its typical for a government department to have conflicting rules


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Old 06-28-2012, 03:52 AM
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PS, we will also apply from a tourist, i know what you mean, how can u get 12 months if you cant be in the same country duh government! (a friend who used to work for immi has told me that they do infact understand that anomaly and will only use it against you if they dont believe the rest so to speak)

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Old 06-28-2012, 04:36 AM
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I disagree.

I believe people register their relationship and it doesn't mean anything to them. Just a bit of paper that isn't worth the words written on it.

Immigration may say it waives the 12 month requirement but in reality, they expect what evidence you do supply to be top notch. No questions about it. And they still do expect you to have been living together and sharing finances for months (well over 6), not weeks.

People enter into this defacto business far too lightly. This is the person you want to spend the rest of your life with! It is NOT a matter to be taken lightly. It should be far longer than 2 years to grant the PR IMHO because a large number of people posting on this forum sound like they are still dating, not in a lifelong relationship. And even more people enter into a relationship simply to gain PR. In Australia a defacto relationship has the same rights as a marriage which means should you break up, all assets including personal bank accounts and savings must be shared. It is serious business and IMHO how can two people who have known each other just a few weeks honestly know that that person is the one they want to spend the rest of their life with. And that is exactly how immigration looks at it.

Just because there is a legal loophole people shouldn't be abusing it. But then where there is a loophole people will abuse it... who am I kidding.

Sorry all, but I need a rant as well. Every day I speak with couples who have no evidence what so ever to convince even their parents they are a defacto couple but they weep and wail "oh we are so in love, surely we must be together". No, a relationship is not a honeymoon; the honeymoon period needs to wear off before the discussion of whether to enter into a lifelong relationship begins.

My way of looking at it: If you believe your defacto relationship began one month after meeting, then you must declare all other one month relationships that you have ever had in your life. Because immigration wants to know about your previous relationships. Have you been married or in a defacto relationship before? Even if you haven't been married if you were in a "relationship" for one month you'll have to declare all of those relationships.

And has the sponsor thought about the implications of being a sponsor? They are limited to two in their lifetime, and must wait 5 years in between each. So if this one wasn't really the love of your life - you only have one more shot (should you choose another partner from overseas).

And applying for a defacto visa is alot of work. In the early stages (less than 12 months together) couples should be enjoying their relationship, not stressing about whether they have enough evidence. So clinical - all this setting up bank accounts, making sure the partner is put on the lease. If the relationship is based on a visa application, that is what it will always be based on. And once it is all over...

missmullen, bma and ccpro like this.

Last edited by russellie; 06-28-2012 at 04:38 AM.

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Old 06-28-2012, 05:35 AM
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Russellie, i do actually agree with you.
Ive never had anyone that i would even refer to as a boyfriend prior to meeting my partner, and i stand a lot to loose if we were to break up, i have many assets and he has none and i know he would be entitled to his share if we were to break up. But i also know we are going to spend the rest of our lives together. ( and i will emphasise here that i always thought badly of people who said and did this same thing!! Yes im a hypocrite)

But he cannot stay in oz any other way than by applying for this visa. As he has been travelling since leaving highschool and france has such poor job prospects anyway and i would find it very difficult to work.
and i have a steady reliable well paid job, it isnt the smart thing for us to do for me to leave australia, i wouldnt be able to keep paying my mortgage. he has to come here, and this is the only way the government will let it happen.

when he finally gets his visa, he can start to work or study towards a career so that we have a reliable income when we start a family.

The visa process is long and hard and frustrating and we ARE NOT a fake couple. For sure we may not have thought of ourselves as defacto so soon if we were two aussies, BUT we have been living together for a year and supporting each other financially and emotionally since we met, and plan to marry in 2 years and have kids within 4 years. So infact we are defacto in the eyes of the law and have no other options for visas.

It feels like the law does not actually allow you much leeway to have a slow developing relationship unless you have heaps of money to afford moving between countries without working.

My point is that even if we had been dating for years before starting the process, anyone who registers their relationship (which, ive looked it up, requires little evidence) is able to apply at an earlier date than we are. And therefore gets to move on with their lives just that bit quicker. sure they might not be granted if the rest of their evidence is weak. But if i lived in NSW we would have registered previously and would apply in July and also avoid another overseas trip (due to visa conditions)

Immi appears to have 1 rule for some states and another for the other states. I dont think this is fair.

*******but I do value and acknowledge you opinion - its good to get a bit of discussion going and release some stress! : )


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Old 06-28-2012, 05:51 AM
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I have no doubt that you and your partner and your families and friends believe you are in a genuine relationship but remember immigration doesn't know you from the next couple and only see what is on paper.

Certainly if you're planning to get married in the next two years you might be able to help your case a little by getting married sooner rather then later. Getting married will work as the equivilent of registering your relationship.

I understand you probably wanted to wait and have a ceremony when things are settled but it is always an option since it will reduce the length of time you need to prove for living together and then in a year or so when the TR has been granted you can have a reception for your friends and family to celebrate.

If getting married in the next few months is not an option then how about making wedding plans now? Booking a venue and reception and celebrant and paying the deposits, showing copies of bookings and payment to immigration as well as a copy of the notice of intention to marry may work in your favour. Doesn't matter if you book your wedding 18 months in advance. It is common for brides to be organised these days. Saves stress the month before!

Anyway, good luck.


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Old 06-28-2012, 06:00 AM
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Yeah i realise immi can only go on what you give thats why we are trying to wait as long as possible, it just gets tricky financially w him not able to work and having to leave country every 3 months. But most importantly the longer we wait to apply, the longer it will be till its granted and we can get on with life.
We have talked alot about getting married but in our time frame im not sure it would hold much more weight as immi seems dubious of quicky weddings. (plus i cant bring myself to be one of those people i scoffed at who get married after knowing each other such a short time - i know this is contradicting the fact that i believe im in a defacto relationship anyway) and partner comes from strong catholic (but poor) family of 9, so the church component needs to take place in france blah blah blahcomes down to i want to do the wedding right which even simply will cost a few $$ that we can only save for once he is working haha
Thanks for the advice though.


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Old 06-28-2012, 06:04 AM
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I guess you have no choice but to wait it out then.

Good luck.


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Old 06-28-2012, 06:27 AM
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Quote:
Originally Posted by russellie View Post
I disagree.
It should be far longer than 2 years to grant the PR IMHO
Only if that rule was same for married and de facto couples. Otherwise it would be an unfair discrimination towards people who do not want to get married for ideological reasons (and not because they are not planning to spend their life with their partner). I have very strong opinion about the institution of marriage and I would rather leave Australia and take my partner with me than marry just to support my application.


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