tricky de facto advise - Page 2

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tricky de facto advise - Page 2


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  #11 (permalink)  
Old 11-22-2012, 02:52 AM
bma bma is offline
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Quote:
Originally Posted by JackAndLyndsay View Post
I think applying at the end of december is a great idea.

bma, i love your idea...my house mates would obviously vouch that Lyndsay came to be with me, and stayed with us at the end of december (december 28 from memory) to early Feb.

Then im sure we have millions of facebook/skype messages for the period she went back to the UK before returning to my place....I only have a pre paid sim card so I doubt optus would keep my call recrods (ill have to investgate) hopefully she can get her phone records as well to show we kept in touch.

Do you think that is enough evidence to apply at the end of december?

There is just over two months we were apart from her first visit to Aus. And her name was on the lease shortly after her second arrival.

Her father would also vouch I lived with her from june/july - end of august 2011 while I was in the UK. And we have two trip to Greece and Latvia while I was in the UK as well.
Put on the paper all the evidence you have; if you apply in December, you need the evidence to go back to November 2011.

Check this case on how important the evidence is for de facto couples: 1007797 [2012] MRTA 1702 (18 June 2012)

When you say your friends and family will vouch... well, they need to write proper statutory declarations that have to be certified in front of a JP. So if you want to apply in December, you need to get started with those statutory declarations straight away (cause the originals have to be sent from the UK). The same goes for other statutory declarations that you'll include in the application; start working on them now.

In your place, I'd register your relationship.

If you check the MRT cases, you'll see how important it is to have the evidence for all the 12 months prior to the lodgement. Why don't you register your relationship??

Please, bear in mind I'm not a migration agent. I'm just a forum user who went through partner migration process and have been reading obsessively about it.

Try to find bank statements from a year back, there must have been transactions between you two, shopping, concert tickets, something? Financial evidence is very important.

Also, cause you've both been working; arrange asap to name each other as superannuation beneficiaries.

I guess you're both already nominated drivers on the car insurance policies, etc.

And don't forget about doing the wills; you can buy the do it yourself pack at the post office, or you can make your own...


I'd say go and register your relationship, you'd be covered then and your evidence would be enough (in my opinion).

Any more questions, just ask, there are plenty very experienced people on the forum.

All the best!

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Old 11-22-2012, 03:00 AM
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again, massive thanks!!! we have just discovered about regeristing the relationship today so we are on to that!

dont be surprised if i have a few more Questions in the coming days...your a star bma, credit to the forum.

everyone has been fantasitc to be honest!


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Old 11-22-2012, 03:01 AM
bma bma is offline
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Just a thought for those who are working on the evidence... be creative in your search, sometime you can find interesting evidence...

For example: we lived in our friend's apartment, no lease or anything... Then I remembered that we changed the internet provider when we moved in; I found the contract - it was in our friend's name with her signature, but the email, written on the email was mine and the bills (from the contract and all other bills) were paid from my husband's bank account. Our friend wrote a statutory declaration and together with the contract and bank statements, this evidence made perfect sense...


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Old 11-22-2012, 03:11 AM
bma bma is offline
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Quote:
Originally Posted by JackAndLyndsay View Post
again, massive thanks!!! we have just discovered about regeristing the relationship today so we are on to that!

dont be surprised if i have a few more Questions in the coming days...your a star bma, credit to the forum.

everyone has been fantasitc to be honest!
No worries
When we started preparing our application, we had million questions just like you guys. This forum was tremendously helpful. Actually, we paid for the advice of a registered migration agent first, spent 2300 euros on plane tickets as that registered migration agent suggested (cause my hubby was on a tourist visa), only to realise from the posts on this forum that the advice was WRONG. All that money (and more) gone through the window plus he would have had his offshore partner visa ages ago....

So I'm thankful to this forum, too.


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Old 11-23-2012, 09:33 PM
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Quote:
Originally Posted by JackAndLyndsay View Post
again, massive thanks!!! we have just discovered about regeristing the relationship today so we are on to that!
!
Be careful as each state/territory in Australia has different rules about registering a relationship as Victoria in particular requires both individuals to be living in Victoria and have proof both individuals have been living in the state for 12 months before it can be registered and that does not guarantee that you will get a de facto visa approved.

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Old 11-26-2012, 01:15 AM
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Originally Posted by Penguina View Post
Be careful as each state/territory in Australia has different rules about registering a relationship as Victoria in particular requires both individuals to be living in Victoria and have proof both individuals have been living in the state for 12 months before it can be registered and that does not guarantee that you will get a de facto visa approved.
I have just been on the phone to BDM VIC and we cant actually register the relationship, as she has not lived in victoria for 12 continuous months....so its going to be hard again as her visa runs out on april 11 2012, and her name is not amended to our bond until the 23 april 2012.

Another question, the fact that she lives with me and two other tennants will that be a problem, that we are not living together on our own? We obviously share the same bed/room Food and bills


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Old 11-26-2012, 01:24 AM
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Hey

No it doesn't matter that you don't live on your own. There is a question about your living arrangement on the form somewhere just state there how many people are living at the address...that's fine...

Maybe look further into PMV (apply offshore only) and then after that application apply for a tourist visa to wait for the permit here together and once it's ready to be granted she can leave to New Zealand....there is NO guaranteee though that the tourist visa gets granted...

or arrange the farm work ASAP so she can extend for a secons year WHV!

Cheers

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Old 11-26-2012, 01:31 AM
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I am not sure if living with other people will affect it or not, but I suggest looking into what needs to be done to have a second yr whv as it may be a better option.

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Old 11-26-2012, 01:43 AM
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Quote:
Originally Posted by dingo144 View Post
Hey

No it doesn't matter that you don't live on your own. There is a question about your living arrangement on the form somewhere just state there how many people are living at the address...that's fine...

Maybe look further into PMV (apply offshore only) and then after that application apply for a tourist visa to wait for the permit here together and once it's ready to be granted she can leave to New Zealand....there is NO guaranteee though that the tourist visa gets granted...

or arrange the farm work ASAP so she can extend for a secons year WHV!

Cheers
Because you can't register your relationship, there are only a few options left (as dingo144 said): PMV; 3 months of farm work to get an extension of WHV; or.... you get married. If she applies for PMV, you have to get married anyway...

The only decision you have to take straight away is about farm work - she needs to find that job asap if you guys decide to extend her WHV.


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Old 11-26-2012, 03:52 AM
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The below is off the migration site

immi/gov/au/media/fact-sheets/35relationship



Commonly asked questions

I have been in a de facto relationship for 11 months. Do I still have to wait for another month before I can apply?

Although you may apply now, your application may not be approved prior to the one year requirement unless you are eligible for the requirement to be waived. You may choose to defer making an application until you and your partner can meet the one-year relationship requirement.

My partner and I met when we were travelling around the world and realise now that we want to remain together. Does our time travelling together count towards the one year requirement?

When a person applies for a partner visa and are not married to each other, they must be able to provide evidence that for at least 12 months prior to making the application:

they had a mutual commitment to a shared life to the exclusion of all others (we did)
the relationship between them was genuine and continuing (we are)
they had been living together or had not been living separately and apart on a permanent basis. (we were apart on a temporary basis: august to December, then we had the end of December to early Feb together. Then we were temporarily apart again from Feb to April)
If your relationship has been on a more casual basis you may not be able to meet the one-year relationship requirement.
Example: You travelled together and shared accommodation, but you each had your own money, paid your own expenses and made no long-term plans for your future until recently. (we travelled together, stayed in the same bed, ate together, did everything together shared all expenses )


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 is this a grey area? to me it doesn't sound clear cut....if we did apply for the de facto I'm guessing they can reject it if they wish? or if we prove we are in a serious ongoing relationship they may approve it?

Am I right in thinking that?


If we get married before her visa runs out in April 2013, do we still need to apply off shore?


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