574 - De Facto Application

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574 - De Facto Application

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Old 02-25-2016, 12:42 AM
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Join Date: Feb 2016
Posts: 2
Users Flag! From germany

Lightbulb 574 - De Facto Application

Hi everyone!

I have studied this page and posts and it is so helpful to read other people's experiences, maybe someone has been in this situation before and can give some advice:

My partner and I (both Germans) have recently submitted his de-facto application to be added to my 574 student visa (I started my PhD studies in August 2015 and already named him as unaccompanying family member on my initial Visa application).

We have been in a committed relationship since October 2014. Of course we tried to provide as much proof as possible but due to our jobs in two different cities 200km apart, we did not live together as such. On weekends, home office days, or holidays we were either at his place or at mine, so usually we would stay with each other about 3-4 days a week.
Due to our working situation he did not add me on his rental agreement or utility bills. At that time I was living in a flat at my parents place and he was also staying with me there frequently. My parents did not charge us for rent or any bills...

We have provided proof such as order confirmation and receipts of packages to each others places in both our names and were hoping immigration would understand our situation. However, this morning we received an email, that the following information is missing:

Further evidence to support your claims for cohabitation and an ongoing de facto spouse relationship:

- evidence of co-habitation. (e. g. a joint rental agreement, joint local authority registration under the same address, utility bills appearing in joint names, etc.)

Our plan is now to provide a statement from my parents that they were renting the flat to us free of charge and without an official rental agreement. Will that be accepted?? Does anyone have any other suggestions?

We provided a lot of additional evidence (proof of holidays together, joint bank account, statements of parents and friends, etc.) and we were also explaining in detail our working situation that did not allow us to officially 'live together'. My first thought when I read the email from Immigration was that they were just going through a checklist and haven't actually read everything that we provided. Is that possible? Are they checking off a list first before reading all our evidence in detail and making a decision (in this case we might still be fine...).

Our plan B would be to register our relationship in QLD when he comes to visit in March. Would that help at all? We are also thinking about getting married but didn't want to rush it 'just' because of the visa...

I am really desperate at this stage as I am in Australia waiting for him to finally be able to move here

I hope I described the situation in an understandable way Any advice is much appreciated!!!

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Old 02-25-2016, 05:02 AM
Senior Member
Join Date: Jul 2014
Location: Perth, Australia
Posts: 3,340
Users Flag! From australia

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You may to to rely on Section 5 CB of the Migration Act. This section defines a De-Facto Relationship as being:

1) a genuine and continuing relationship to the exclusion of all others; and
2) Either live together or do not live apart on a permanent basis.

Several recent court decisions have said that you are not required to live together on a permanent basis. It appears that many case officers have not got their heads around that yet.

Jeremy W Hooper BEng MSc Grad Dip App Finance Dip Australian Migration Law MMIA MMA, MM&EA
MARN 0107902

[email protected]


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Old 02-25-2016, 08:03 PM
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Join Date: Jan 2016
Location: Canberra
Posts: 579
Users Flag! From germany

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This is pretty much the same situation my partner and I are in at the moment. I've been living in the UK for two years now and my partner asked for a transfer (within his company) from Australia to the UK so we could be together. However, his work is about 2.5 hours away and we can only see each other from usually Friday to Monday. Even though we've got evidence of him considering my house his home (bank statements and letters in his name to my address, he submitted my address as his UK residential address to his employer etc.) I was worried that it wouldn't be considered a defacto relationship.
I'm worrying a bit less now, Jeremy. Thanks!

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