tricky de facto advise - Page 3

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tricky de facto advise - Page 3

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Old 11-26-2012, 04:03 AM
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Join Date: Sep 2012
Location: NJ
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Originally Posted by JackAndLyndsay View Post
The below is off the migration site

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?
If they do not feel that there is enough evidence for a de facto relationship they can either ask for you to supply additional information or they can just reject it. De facto relationships are looked at as genuine if they meet the requirements they have.

In their view Defacto means that you share a life together (like husband and wife without the marriage certificate) and you need to demonstrate that you are much more then boyfriend / girlfriend. Your commitment goes beyond travels, dinners, outings, gifts and dates. They look for things like Wills, superannuation beneficiaries, dependants on Tax forms etc..

If she leaves Australia and arrives before her current visa is expired, you can apply on shore. But if she leaves and her other visa expires and you are married you will need to apply off shore as you need a visa to be in Australia. The way around this is if you want to apply on shore and her other visa has expired is to have her get a tourist visa and then you will be able to apply for the other visa with use of a bridging visa but you then need to watch out for a no stay condition on the tourist visa as a bridging visa can not be granted if this condition is on the tourist visa.


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