Help! Told we have insufficient evidence -

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Help! Told we have insufficient evidence -


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Old 11-09-2012, 08:43 PM
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Help! Told we have insufficient evidence -

Hi Everyone -

My partner and I recently submitted a 309 visa application to the Ottawa Embassy. Here are our details -

Me (Australian citizen) and my partner (american citizen) met and began our relationship in the USA in 2008. we were both students so had a few years of back and forth long distance relationship. We were always 100% committed and can prove corrospondance and holidays, but i understand this period isn't really counted as DeFacto relationship.

In July 2010 my partner came to Australia to live with me and undertake an internship as part of her degree. We lived together for 6 months with documented shared expenses and corrospondance noting our address. She then returned to the USA for classes for 3 months, and then returned to our home in Australia for 3 more months of internship. In July 2011 she had to return to the USA for classes full time and we were apart for 6 months while I secured an American visa. (we are a same sex couple so I couldn't move to the USA on any sort of partner visa).

From December 2011 we have lived together in the USA & Canada.

We submitted our application on November 6th and got an email saying we don't have enough evidence to document our relationship and we don't meet the reuqirements of a defacto couple. We are young (22 & 26) so we dont have mortgage or loans or wills or super accounts or anything joint like that. We have provided a lot of travel, shared expenses, shared rent etc. We have our 888's and lots of corrospondance to support us living together in Australia.

Has anyone else been in this situation? Does this mean they are not counting our 9 months cohabitation in Australia? Can any other younger couples shed any light on how they got past these problems? Is this first email just a standard response to people who don't have a lot of joint documents and on a closer look our application might be okay?

thanks and looking forward to your response!


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Old 11-12-2012, 03:51 AM
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Quote:
Originally Posted by Leigh_ View Post
Hi Everyone -

My partner and I recently submitted a 309 visa application to the Ottawa Embassy. Here are our details -

Me (Australian citizen) and my partner (american citizen) met and began our relationship in the USA in 2008. we were both students so had a few years of back and forth long distance relationship. We were always 100% committed and can prove corrospondance and holidays, but i understand this period isn't really counted as DeFacto relationship.

In July 2010 my partner came to Australia to live with me and undertake an internship as part of her degree. We lived together for 6 months with documented shared expenses and corrospondance noting our address. She then returned to the USA for classes for 3 months, and then returned to our home in Australia for 3 more months of internship. In July 2011 she had to return to the USA for classes full time and we were apart for 6 months while I secured an American visa. (we are a same sex couple so I couldn't move to the USA on any sort of partner visa).

From December 2011 we have lived together in the USA & Canada.

We submitted our application on November 6th and got an email saying we don't have enough evidence to document our relationship and we don't meet the reuqirements of a defacto couple. We are young (22 & 26) so we dont have mortgage or loans or wills or super accounts or anything joint like that. We have provided a lot of travel, shared expenses, shared rent etc. We have our 888's and lots of corrospondance to support us living together in Australia.

Has anyone else been in this situation? Does this mean they are not counting our 9 months cohabitation in Australia? Can any other younger couples shed any light on how they got past these problems? Is this first email just a standard response to people who don't have a lot of joint documents and on a closer look our application might be okay?

thanks and looking forward to your response!
From what you said, I think they are partially denying you based on the fact that the "LAST 12 months rule" applies when determining defacto status, they can if they want waive it, if you can PROVE that you couldn't live together for GOOD reasons, typically vague type hurdle to prove what they consider a good reason. Your best option would have been to register your relationship if possible in Australia as defacto, that is not possible in all states. Evidence is one of the most important things to gather when trying for defacto based 309s. Even if you were "married" (not possible as you are same sex couple, to be recognized) you would still have to prove the relationship to immigration and for defacto you must also prove that you were together for the last 12 months before applying, it may have been different if you had applied in December 2012, they are fussy to the day on that one, that you apply after the 12 months of proven cohabitation for defacto status.

Even as a married couple, we applied to Washington DC on the 26th of October 2012 and sent in 5.8 pounds of forms and evidence.... mind you we are still waiting to even hear back from the embassy, so we don't know where we currently stand ourselves.

You need to talk to immigration ASAP and ask them what extra evidence they would like to see, I have heard of cases where they do tell you what you would need to do to "prove" your case.

Good luck,
Kttykat





Last edited by kttykat; 11-12-2012 at 03:59 AM.

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Old 11-12-2012, 04:06 AM
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BTW Leigh,

What evidence exactly did you supply, ie how many 888s? They ask for two but we sent in four from friends, not relatives as they see unrelated people as more independent. We sent lots of photos, etc too.

Kttykat





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Old 11-12-2012, 06:06 AM
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You would need to write a state a dec and outline exactly the history as you did here (with more details, dates etc). That along with whatever proof you have and 888 should be a strong enough evidence.
Tickets, lease agreements all that should be copied and provided.
Finally, hope your application gets processed in any of Sydney centers
Good luck

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Old 11-12-2012, 06:34 AM
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Originally Posted by Boboa View Post
You would need to write a state a dec and outline exactly the history as you did here (with more details, dates etc). That along with whatever proof you have and 888 should be a strong enough evidence.
Tickets, lease agreements all that should be copied and provided.
Finally, hope your application gets processed in any of Sydney centers
Good luck
She has already applied in Ottawa so it will be initially processed there. You are right though you really do need to cover the four areas of proof. Just because they are young doesn't mean they can't write wills etc. We bought a car together and had the title put in both our names. The DMV was a bit hesitant when they found my husband didn't have a social security number but accepted it anyway. We then used the title to get my husband a library card at the local library, they were hesitant at first but accepted that a title was proof of address. The more you have the easier it is to get more evidence such as that.

Kttykat





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Old 11-13-2012, 09:27 AM
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Leigh, how soon after you applied did you get an email? We applied two months ago, received an acknowledgement email, and haven't heard a peep since!

I'm also wondering if they actually DENIED your application, or just said "send us more evidence" as I've heard of cases of the latter.


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Old 11-13-2012, 12:55 PM
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Originally Posted by cjcherry View Post
Leigh, how soon after you applied did you get an email? We applied two months ago, received an acknowledgement email, and haven't heard a peep since!

I'm also wondering if they actually DENIED your application, or just said "send us more evidence" as I've heard of cases of the latter.
Hey Cjcherry,

How long before you got an acknowledgement email? We applied to Washington on the 26th of October 2012, a few weeks ago, the only acknowledgement that we have had is that they took the money off the credit card on the same day they received the application.

Kttykat





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Old 11-13-2012, 02:56 PM
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Quote:
Originally Posted by cjcherry
Leigh, how soon after you applied did you get an email? We applied two months ago, received an acknowledgement email, and haven't heard a peep since!

I'm also wondering if they actually DENIED your application, or just said "send us more evidence" as I've heard of cases of the latter.
This crossed my mind as well as I am in the same boat. I mailed our application for a PMV from Costa Rica to the Ottawa office on October 17th, two days later I received an email with the acknowledgement and file number and haven't heard anything ever since.


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Old 11-13-2012, 07:11 PM
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HI everyone, thanks for all the responses!

initially we submitted a lot of iteneries, government documents and bank statments proving address (same address in Australia), 2 stat decs from aust citizens that we lived with and one from my brother, also an aust citizen.

i think we might have been a little light on with the skype and emails to each other - as we didn't want to over do it.

we are gathering extra evidence at the moment - screen shots of skype calls to each other for everyday we were apart in the last 2.5 years. Emails that talk about us planning our future together - settling in australia, buying a house in the future etc
Bank statments that show we shared financial obligations during all the times we lived together.

We are also going to focus on trying to show that the times we were apart in the last 2.5 years was because that my partner could no longer be in australia and work and I couldn't be in america and working, obviously we don't have the luxury of not working.

Thanks for all the ideas everyone - they definitely didn't deny the visa, they just asked us what we wanted to do from the three options (1. submit more evidence - 2. carry on knowing it may be rejected - 3. withdraw)

I am going to email back and ask if they could provide us with some more info on what we need to prove further.

Thanks everyone.. looking forward to hearing more of your thoughts!


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Old 11-13-2012, 08:38 PM
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Quote:
Originally Posted by cjcherry View Post
Leigh, how soon after you applied did you get an email? We applied two months ago, received an acknowledgement email, and haven't heard a peep since!

I'm also wondering if they actually DENIED your application, or just said "send us more evidence" as I've heard of cases of the latter.
We received the email just 2 days after we lodged the application. THey didn't deny the application but just gave us the options about how to proceed. They said that the initial assesment of the application doens't look like we sufficiently proved defacto status so we could send more documents or proceed with the application as it is, knowing it MAY be rejected.

I think not hearing anything is a good sign for you!


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