Do I need to update my relationship status before lodging partner visa?

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Do I need to update my relationship status before lodging partner visa?


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Old 06-06-2013, 07:03 AM
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Do I need to update my relationship status before lodging partner visa?

I lodged my graduate visa application in 2011 when I was going out with my bf. In 2012 we moved in together and started our de facto relationship. In 2013 I have my graduate visa granted and we plan to apply for partner visa. But in the immigration system it has my old record of never been in a de facto relationship. Will it affect my partner visa application because the system states that I've never been in a de facto relationship? We have a lot evidence to prove our de facto relationship throughout the year.

My immigration lawyer suggested to use form 1023 to inform the department that I have submitted wrong information; form 1022 (change of details) can't be used after the grant of visa. But there is a column to state out the reason of not updating the department and I'm not sure what's the best way to explain it.

Did any one of you who has a substantive visa and applies onshore partner visa make changes of your relationship status before your submission? Many thanks.


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Old 06-06-2013, 07:38 AM
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Originally Posted by feng4ver View Post
I lodged my graduate visa application in 2011 when I was going out with my bf. In 2012 we moved in together and started our de facto relationship. In 2013 I have my graduate visa granted and we plan to apply for partner visa. But in the immigration system it has my old record of never been in a de facto relationship. Will it affect my partner visa application because the system states that I've never been in a de facto relationship? We have a lot evidence to prove our de facto relationship throughout the year.

My immigration lawyer suggested to use form 1023 to inform the department that I have submitted wrong information; form 1022 (change of details) can't be used after the grant of visa. But there is a column to state out the reason of not updating the department and I'm not sure what's the best way to explain it.

Did any one of you who has a substantive visa and applies onshore partner visa make changes of your relationship status before your submission? Many thanks.
This is not immigration advice, BUT:

Given that you have an immigration lawyer, I would suggest following his or her judgment on this one; after all, it's his or her job to know the policies and procedures inside out.


If you weren't living with your partner when you applied for the graduate visa in 2011 and you had not registered your de facto relationship by that time, the DIAC would not consider you to be in a de facto relationship at that time (in 2011). The DIAC understands that people's life situations change over time, and they would find it completely plausible that someone who was not in a de facto relationship last year could very well be in a de facto relationship this year.

However, if your graduate visa was not granted until this year, they may have expected you to update them with your new relationship information while the graduate visa was being processed. (This is something to ask your lawyer about, but I know that for partner visas they ask you to notify the department in writing if you have any life changes, including new or deceased family members, change of address or contact details, deterioration of relationship, etc.). If this is the case, whether you are able to find an official form or not, you should definitely provide some written explanation as to why you didn't notify the department sooner.


Is your partner an Australian citizen or permanent resident? How long have you been living together?

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Last edited by queliwantstogo; 06-06-2013 at 07:46 AM.

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Old 06-06-2013, 09:51 AM
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Quote:
Originally Posted by queliwantstogo View Post
This is not immigration advice, BUT:

Given that you have an immigration lawyer, I would suggest following his or her judgment on this one; after all, it's his or her job to know the policies and procedures inside out.


If you weren't living with your partner when you applied for the graduate visa in 2011 and you had not registered your de facto relationship by that time, the DIAC would not consider you to be in a de facto relationship at that time (in 2011). The DIAC understands that people's life situations change over time, and they would find it completely plausible that someone who was not in a de facto relationship last year could very well be in a de facto relationship this year.

However, if your graduate visa was not granted until this year, they may have expected you to update them with your new relationship information while the graduate visa was being processed. (This is something to ask your lawyer about, but I know that for partner visas they ask you to notify the department in writing if you have any life changes, including new or deceased family members, change of address or contact details, deterioration of relationship, etc.). If this is the case, whether you are able to find an official form or not, you should definitely provide some written explanation as to why you didn't notify the department sooner.


Is your partner an Australian citizen or permanent resident? How long have you been living together?
He is Australian citizen and we have been living together for almost a year. We plan to register our relationship to gain more evidence and submit the application later when we have a year of evidence.

The graduate visa was granted last month after two years of waiting. During that period I did call and ask DIAC if I need to update my relationship status and the officer said it would not affect my application so it's not necessary.


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