What is considered good proof of beginning of de facto relationship

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What is considered good proof of beginning of de facto relationship


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Old 06-01-2016, 03:49 AM
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What is considered good proof of beginning of de facto relationship

Hi everyone,

i met my girl in Brazil(her nationality) in early february last year, we saw each other nearly everyday after that for 5 to 6 weeks, i continued travelling through south america, keeping in regular contact with messages phone calls and video calls, sending flowers on Brazilian valentines day and her birthday. We organised a trip to Cancun, with an email confirming the hotel we stayed in on 7th july, and spent 10 days there together from 16th August to 26th. She moved over to melbourne on the 30th december last year.

When would you consider our de facto relationship started?

I can probably track the receipts on flowers sent if thats really needed but i think the email confirming our hotel I was going to use as the commencement of our relationship.

What are your thoughts?

Also my girlfriends visa runs out on the 17th July, is that too little time to be applying for the 820/801? What is the process afterwards?


Last edited by helterskelter87; 06-01-2016 at 04:24 AM.

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Old 06-01-2016, 05:15 AM
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The date your defacto relationship began isn't the same date that you started dating.

I started dating my partner in April 2012 (that's what we celebrate as our anniversary), but we didn't "commit to a life together at the exclusion of all others" (which is how DIPB defines a defacto relationship) until January 2013, so this is what we list as the beginning of our defacto relationship.

I don't know what this would be for you, though.

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Old 06-01-2016, 05:22 AM
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Quote:
Originally Posted by msamy View Post
The date your defacto relationship began isn't the same date that you started dating.

I started dating my partner in April 2012 (that's what we celebrate as our anniversary), but we didn't "commit to a life together at the exclusion of all others" (which is how DIPB defines a defacto relationship) until January 2013, so this is what we list as the beginning of our defacto relationship.

I don't know what this would be for you, though.
But how did you "commit to a life together at the exclusion of all others" did you say it verbally, did you put it on facebook?


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Old 06-01-2016, 05:35 AM
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Originally Posted by helterskelter87 View Post
But how did you "commit to a life together at the exclusion of all others" did you say it verbally, did you put it on facebook?
You can do this by living together.


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Old 06-01-2016, 06:42 AM
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Well the thing is her visa runs out on the 17th of July so I'm looking to see if we can be considered de facto in anyway. I mean we decided we want to be together well before she moved in together.


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Old 06-01-2016, 07:39 AM
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Quote:
Originally Posted by helterskelter87 View Post
But how did you "commit to a life together at the exclusion of all others" did you say it verbally, did you put it on facebook?
It is usually when people start living together as a couple or make some other major commitment, be it financial or social like an official engagement or formal marriage proposal. I don't think "putting it on FaceBook" will cut it.
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Old 06-01-2016, 11:04 PM
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Originally Posted by helterskelter87 View Post
But how did you "commit to a life together at the exclusion of all others" did you say it verbally, did you put it on facebook?
We had a very long, detailed conversation and decided that we were ready to make the commitment. We then began the process of working out how we could live together in the same country (we were long-distance, but he was visiting at the time) and began going through the processes of opening shared bank accounts etc so that we could financially support each other.

I assume I'm being mocked with your above comment, but I am only trying to help.

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Old 06-02-2016, 04:26 AM
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there is a pretty substantial gap between your Cancun trip August 26th and her moving to Melbourne December 30th.

I'm afraid that as far as DIBP are concerned....everything before December 30th will be considered dating and will not count towards your 12 month defacto period....have you been living together since she arrived in Australia?

I would recommend spending the few hundred dollars to have a migration agent look over your evidence and give you their professional opinion....my (now) husband and I considered ourselves defacto for a good 6 months before we met DIBP's standards and as such we delayed our application to make sure we had everything required...

unless you are actually married or have registered your relationship (and from memory VIC is one of the hardest states to do this in)...you will not meet the eligibility criteria for a 820 application when her visa runs out

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Old 06-02-2016, 03:34 PM
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I'm no expert, but, everyone commented on your question has answered it sufficiently, if you still don't get what they are saying, here is my two cents,

The DIBP wants proof that your relationship is genuine and not a fake one used merely to get the VISA. So, you need solid evidence, I'll give you some examples some may sound stupid, but anyways you can get the idea,

1. You guys have a child of your own (not adopted) so, if you test the DNA, they match to you and your spouse.

2. You guys have a child who is adopted legally, the legal document contains both of your and your spouse's names on it and it has been a little while you have adopted this child legally (say 1 year)

3. You guys are living together under one roof. You guys pay the bills together, say, you got a house rent of $1000/month then you pay $500 and $500 by your spouse and you transfer that money from your bank accounts (so you can prove that you guys are together)

4. Your and your spouse's letters/documents (preferebly mobile phone bills, any other government documents, tax bills etc) come to the same address for a while (say for 1 year) so you can legally prove that you live in the same house.

Those are just examples, but there should be other strong evidence that you can prove legally that you're living together hence your relashionship is genuine.

And messages are not bad, but cannot be considered as strong evidence if you're on margin, but if you have other strong evidence and you also submit your messages (removing sensitive replies) will be helpful as supportive evidence to get a pass.

and, if you still don't get it, dating is not considered as a defacto relationship by DIBP .. they just want to see if you guys are committed. Random meetings, sending flowers are not committed .. in a nutshell, you might be seeing other women and sending flowers to hundreds of other women, who knows, so DIBP wants proof that just you two are committed to offer the VISA.


Last edited by ShermD; 06-02-2016 at 03:42 PM.

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Old 06-02-2016, 11:01 PM
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OK, thank you everyone for your help, it is'nt exactly the news i was hoping for but now we know in concrete what's required.


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