12 months... to the day??

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12 months... to the day??


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Old 06-05-2016, 11:47 AM
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12 months... to the day??

Hey everyone,

With the de facto relationship requirements, we have technically been in a committed relationship since Feb 2015, We spent two weeks together in May 2015 when I visited my partner in the US... and we will list the Feb date as when we began a relationship to the exclusion to all others, but if immigration choose to discount the time until she arrived here, I'm wondering how this ever works...

Person X arrives on say, June 30 2015.
Their Work and Holiday visa allows them to stay 1 year.
The Partnership visa requires you live together 1 year.
Immigration do not, to my understanding, include time after the application...
So how do you apply?

Option 1: On the last day of the Visa? Quite a risk if anything goes wrong, immigration website down etc...

Option 2: Before the last day and risk them saying no, you are 2 days short, tough luck.

Option 3: Or do we have to leave the country, apply for a 3 month tourist visa abroad and then re-enter to be sure.

This just seems ridiculous, but we can't be the first people that this has happened to...

Note, we live in SA so can't register our relationship

Has anyone been in this situation, or know the right thing to do here?
We are getting very worried about this...

Cheers!!!


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Old 06-05-2016, 01:36 PM
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There have been several recent judgments in the Australian Federal Circuit Court and Australian Court that say that you don't have to live together for 12 months. You just have to be in a genuine and continuing relationship for at least 12 months. If you have solid evidence of the duration of your relationship you don't have to live together for the full 12 months.

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Old 06-05-2016, 09:43 PM
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Interesting, does that mean if we got knocked back then we'd have to appeal it in court?

Thanks for the info!


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Old 06-05-2016, 09:57 PM
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If your visa application was refused, you could appeal the decision at AAT. But people have been refused for being days short of a full 12 months.

As Jeremy said, it's not absolutely necessary to have lived together the full 12 months if you can demonstrate you met the criteria as a de facto couple (shared finances, social aspects, etc.) for 12 months and that any time living apart was considered temporary for valid reasons.

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Old 06-06-2016, 08:00 PM
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Continuing this... we are in a slightly different situation but it is somewhat connected to the 12 months rule as well.

We have been in a long distance relationship since 2013 (he's Aussiewith dual Aussie/Brit citizenship and I'm German, but living in the UK). The first 2.5 years we only saw each other a few times (up to 5) per year (time and money allowing), but my partner was able to score a posting in the UK starting in September 2015 (he moved over in July) so we could be together. However, his work is about 2.5 hours away from where I work. Therefore it is obviuosly not possible to commute every day. We consider my house our home. He is registered to vote here, has his bank account here, but he has not been on the tennancy agreement until recently. Unfortunately, during the week he is down south in the city he works in, and we only see each other on weekends.

We do have his notice to his employer (change of circumstances back in 2013) that we are in a relationship and his letter of transferral to the UK states that he requested the move for personal reasons.

We'd like to apply in early August 2016, as the first document he received at our address was in late July 2015. So theoretically we'd fulfill the 12 months, however we are not sure if IMMI will accept this situation as living together/de facto.

Any ideas?


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Old 06-06-2016, 08:47 PM
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I'd say your situation is not different from anyone who works away from home. What matters is that you can provide sufficient evidence that you were in fact in a de- facto relationship.

www.ausvisa.net.au

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Old 06-06-2016, 09:29 PM
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Thanks for the reply, Nick!

Of course we have other evidence like joint insurances (car, contents), all of his train ticket bookings for friday afternoon/monday mornings, various joint travel bookings, joint invitations for weddings/engagement parties, email/skype/what's app cotact etc (the usual list of things people talk about here in the forum).
Also a range of stat decs from people working for the Australian government... I think we are fairly well covered in regards to evidence. We are/were just a bit uncertain about the de facto interpretation.
Feeling a bit more at ease now Thanks again!


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Old 06-06-2016, 10:23 PM
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I have only just applied for my visa TODAY actually! I moved back to the U.K. with my partner to lodge an offshore application we now plan to apply for a tourist 600 visa and request a one year stay. When living in Melbourne I phoned up immigration because an identical situation to yours my visa ended on the day we were eligible to apply for the de facto. The advisor told me that immigration 'unofficially' like 12 months and 1 day so to speak - so they like you to apply for your de facto 1 day after legally living with each other for 1 year. My advise is to stick by the book, you can always apply for a 600 visa in Australia I believe it's not free and to my knowledge it ranges from $135 - $340. But that's still cheaper than flights to exit Australia then come back on a tourist visa, you may also be eligible for up to 12 months which gives you a great deal more time to prepare the visa. And trust me we thought we'd be working for a few weeks and done we came back to the U.K. in February and we've only just lodged ours so it takes a lot of time, sweat, arguments and plenty of tears.

But good luck in everything you do and I hope all goes well for you and your partner.

Kayl


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