Help 820: Less than 12 mths of living together

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Help 820: Less than 12 mths of living together


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Old 02-13-2017, 04:46 AM
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Help 820: Less than 12 mths of living together

Me & my partner met online. Here's our timeline.

Met in person: 12/09/2014 (Visiting each other twice a year till 2016, we were in contact in time of separation with evidence)
Moved to Aus: December 2016
Register relationship: Januari 2017. ( in the process to get the cert)

I entered Aus with an ETA . We have opened a joint account too and other evidences as stated here in the forum. in terms of evidences we are alright. Just a bit scared with the 12mth requirement.

1. What should I put the date of de facto? - i assume its when we register our rship?

2. Should I go ahead with the submission? or Hold? I have to leave early March if I decided to hold

Appreciate comments/experiences from those of you who have encountered the same situation. Thank you

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Old 02-13-2017, 05:00 AM
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You know that registering the relationship waives the 12 month living together?

Waiving of the 12 month requirement when registering a relationship is available on border.gov.au website. I really suggest that you speak with a migration agent as not knowing basic information like this sounds like you need guidance on your application.

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Old 02-13-2017, 05:04 AM
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Furthermore, registering the relationship only waives the living together 12 months requirement. You will need evidence. With having only lived together since December 2016 it may be hard to convince DIBP that you are in a de facto relationship.


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Old 02-13-2017, 05:10 AM
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Quote:
Originally Posted by Mish View Post
You know that registering the relationship waives the 12 month living together?

Waiving of the 12 month requirement when registering a relationship is available on border.gov.au website. I really suggest that you speak with a migration agent as not knowing basic information like this sounds like you need guidance on your application.
I have been reading this forum for over a year now. I am aware that registering a relationship will waive the requirements. Maybe I just need some assurance. sorry

Wondering if there's someone out there has registered their relationship but still get questioned by CO.

So my date of de facto should be the date of registration? and explain why it didn't meet the 12 mth of living together?

Thanks again Mish


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Old 02-13-2017, 05:13 AM
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Quote:
Originally Posted by Mish View Post
Furthermore, registering the relationship only waives the living together 12 months requirement. You will need evidence. With having only lived together since December 2016 it may be hard to convince DIBP that you are in a de facto relationship.
That's my problem. But I have our personal bank account that we have been helping each other financially (tickets/gifts etc) and also proof of communication during the time before I come over. Of course our evidence not limited to what I just have informed u, there's more.


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Old 02-13-2017, 06:01 AM
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Quote:
Originally Posted by Hello2017 View Post
I have been reading this forum for over a year now. I am aware that registering a relationship will waive the requirements. Maybe I just need some assurance. sorry

Wondering if there's someone out there has registered their relationship but still get questioned by CO.

So my date of de facto should be the date of registration? and explain why it didn't meet the 12 mth of living together?

Thanks again Mish
Your date of defacto comes after the dating period - the begining of a relationship that is genuine and ongoing - you will have both made a mutual commitment to a shared life to the exclusion of all others.

It's not a date we can tell you. It probably isn't the date you registered your relationship, as I'm sure there was previous discussion to this and that you started a relationship prior to then....

Edit* I think you should follow the advice and get assistance from a registered migration agent, from the questions so far infear this application will fall flat if you don't.

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Last edited by Mania; 02-13-2017 at 06:06 AM. Reason: Additional note

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Old 02-13-2017, 06:07 AM
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Quote:
Originally Posted by Hello2017 View Post
That's my problem. But I have our personal bank account that we have been helping each other financially (tickets/gifts etc) and also proof of communication during the time before I come over. Of course our evidence not limited to what I just have informed u, there's more.
Your defacto date is the date that you began living together. So, from your posts, that would be December....not when you register. Regardless, since you have such a short time actually living together, I would definitely suggest a MARA agent to help. If nothing else, at least do a phone/skype consult, as they can guide you and help you get everything together. We have several very good ones on here: CCMS (Nick), Mark Northam, Wesley, among others. It's fairly inexpensive and would be the way to go to avoid a denial. When you take into account that the visa costs start near $7000, spending about $150 or so on a consultation is a drop in the bucket and worth doing.

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Old 02-13-2017, 07:31 AM
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12 months living together is the easiest way to prove the 12 month relationship requirement.

DIBP only require you to be in a relationship for 12 months and this is possible without ever having lived together.

Your de facto can start at anytime that you both decided you are a couple or when others consider you partners - this exact date is often hard to pin point. But you do need an exact date.

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Old 02-15-2017, 04:39 AM
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I met my partner online too. After we met in person (he went to Lima and five months later I came to Australia for one month), we decided that the best option was living together permanently, so I moved to Australia in January 2015. We submitted our Partner Visa application (de facto) on the 1st Dec 2015 and by that time we didnt have the 12 months living constantly together (having in mind that I arrived in January 2015).

However, I did some research and they dont request 12 consecutive months of living together, which means that you have to proof that after you decided to start a De Facto relationship, it has been at least 12 months and if you had been separate, you have to proof that it has been temporally.

In that sense, we consider that our De Facto relationship started the first day that we met in Lima (december 2013) and today we received the Grant Notification Letter

I hope this help you

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Old 02-15-2017, 06:32 AM
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Did you come here to explore more of Australia? With your partner as your fellow exploring companion? If you have a genuine interest in exploring more of Australia then use your ETA a bit further to get to know Australia and be a tourist a bit longer before deciding to live here. After your 3 months you can leave and come back. Maybe go explore a nearby country with your partner that is affordable and come back, and tour Australia some more.
If you feel that this is the place for you THEN apply for partner visa. It will buy you more time together, and you will get to really know if you and your de facto are a good fit living together long term. You must be, and be able to prove that you are genuine tourist while using your ETA visa.

I left and came back twice on ETA visa to explore more of Australia with my partner as my companion to explore with. We went to Cape York and stopped at many places in between. (Not saying you have to go somewhere extremely far like that). I am only now applying for my partner visa.

Remember, you must be genuine tourist on ETA for it to be valid. Though it is a great opportunity to get to know each other better touring and living together (you don't have to be traveling the whole time) and it gets you more time to get more solid evidence. Wouldn't be nice if you spend 7,000 and after a few months of actually living together you drive each other nuts.

Just a thought for you to ponder.

And a migration agent would be a good resource to use in your circumstance.

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