De Facto visa Questions!!!

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De Facto visa Questions!!!


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  #1 (permalink)  
Old 06-30-2009, 04:52 PM
 
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Unhappy De Facto visa Questions!!!

Hi,

I'm Canadian and my girlfriend of 2.5 years is Australian. We met in Canada and since then I went to Australia on the 1 year working holiday visa. We travelled around and after it expired, she got another working holiday visa for Canada. Now, that's almost expired and we'd like to go back to Australia together for a couple of years to settle down.

Now, i'm got most of the proof of a geniune relationship together, but there's a couple of holes in our information. We've got plenty of pics, stat dec's from aussies, etc.

Here's the problems:

1) We've been living with each others parents alot of staying with people but have never been on a lease for a full year. We have a short term lease from Feb 09 - June 09. Is that ok that's it's not a year? We have been living together for almost 2.5 years but this is the only proof. We have mail to her parents addy and my parents addy from the years together, but no other real proof

2) We've never had any utilitiy bills together (or seperately for that matter). I mean, everywhere we've lived they've been included in the rent and phone bills have always been pay as you go. On our FEB 09-June 09 lease it does say " cable, hydro, etc included" but is that enough????

3)In October 08 we started a joint bank account for the sole reason of keeping a record of joint finances. We never use it at all though and after 6 months it shut and we're in the process of getting proof that it even existed. I've got my own credit cards but let her use them at times, but for the most part, we've got our money seperate.

I just want to know if I have a strong case and how much financial proof is actually necessary. I don't want to spend thousands just for them to tell me that i'm denied. We will continue our relationship if she does have to leave so should i open up joint bank accounts again anyways?

Getting very worried about this and wondering if anyone's been in the same situation and eith er got accepted or denied.


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Old 06-30-2009, 09:53 PM
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To be honest, I do not think your case for a partner visa does look all that strong.

Have an in depth read of a partner visa including links and you'll see the references to living together rather than it be just travelling together as will be the impression created with two WHVs.

On the upside, the preparedness for you both to go to two different countries to be together may provide for immigration to take a softer line but you also have to understand their need to draw a line in the sand and be consistent, hence having specific requirements to be met and so do not be surprised with being told sorry No! on making an enquiry with the immi people - that's what you really need to do in this situation.

It may be that you will have to committ to marriage and opt for the prospective marriage visa, and if you're wanting to settle down, then why not?

If say in two, three, five or whatever number of years you find it wasn't meant to be, that would likely have happened anyway whether you had a piece of paper saying you were married or not and would separating from being a couple be any more emotional, paper or not?





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Old 07-01-2009, 01:48 PM
 
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I think the general requirement for having a joint lease and utilities is that it is difficult to "make up". Anyone of course can say they have been living with their parents to get the visa.

It might be difficult to get your visa under the current circumstances. You can call immigration, but they might only answer specific questions about the visa.


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Old 07-01-2009, 07:10 PM
 
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Thanks alot for the quick response. We've been digging through paperwork and seeing what else we have. I understand that it is very hard to prove since we've both been travelling and don't have our names on any bills.

One thing i've found is that we have both our names on her work benefits? Do you think they will look at that as a bill??

Also, if I get some joint bank accounts now and maybe get her on my credit cards, how long should i wait until I apply? She's got to go back to Australia in late september so do i have to wait a year from now to apply do you think?

I'm gonna give them a call and see if i can get some specific questions answered but i really do appreciate the advise.

Thanks


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Old 07-02-2009, 12:30 AM
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You're going to have to get that year of living together up before you apply and have some hope of being successful.
I wouldn't see your name on her work benefits as being of any great import in the total evidence.

Your Gf may be able to get some better information from arranging an interview with immi when back in Australia.





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Old 07-03-2009, 08:55 AM
 
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yeah I'm with the others here - I'm not sure you really have that strong a case at the moment. They want proof of you living together (preferably separate to anyone else) for at least a year prior to applying. You have to try & figure out a way to do that.

Do everything you can as soon as you can to start accumulating evidence. Get the joint bank account back up & running & add each others names to car insurance & registration & similar things. The work benefits thing won't do it on its own but with a few other things, would help I'm sure.

I know its heart-breaking sometimes to realise to what extent you have to re-arrange your life in order to be together. My boyfriend just got his visa after we spent basically the last year & a half switching between countries, (Oz & sweden - not exactly next door!) collecting evidence & doing what we could to get it.

Keep your chin up though - its worth it in the end!


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Old 07-23-2009, 03:09 AM
 
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Hey Greendaze!

I read your post a while ago and while doing someresearch of my own I came across this and I wanted to show you if it helps:

from: Australian Immigration Fact Sheet 35. One-Year Relationship Requirement
FAQ
"My partner and I met when we were travelling around the world and realise now that we want to remain together. Does our time travelling together count towards the one year requirement?

When a person applies for a partner visa and are not married to each other, they must be able to provide evidence that for at least 12 months prior to making the application:

•they had a mutual commitment to a shared life to the exclusion of all others
•the relationship between them was genuine and continuing
•they had been living together or had not been living separately and apart on a permanent basis.
If your relationship has been on a more casual basis – eg. you travelled together and shared accommodation, but you each had your own money, paid your own expenses and made no long term plans for your future until recently – you may not be able to meet the one-year relationship requirement.

You may need to establish your relationship for a longer basis before you make the decision to apply for partner migration."

BANK STATEMENTS!!! Get bank statements together to show that you paid rent to the same places, dinners, groceries, etc! Get in touch with your bank--there has to be a paper trail!!!

Good luck, sorry i was just happy i found this...


  #8 (permalink)  
Old 07-26-2009, 05:11 AM
 
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Quote:
Originally Posted by greendaze View Post
Thanks alot for the quick response. We've been digging through paperwork and seeing what else we have. I understand that it is very hard to prove since we've both been travelling and don't have our names on any bills.

One thing i've found is that we have both our names on her work benefits? Do you think they will look at that as a bill??

Also, if I get some joint bank accounts now and maybe get her on my credit cards, how long should i wait until I apply? She's got to go back to Australia in late september so do i have to wait a year from now to apply do you think?

I'm gonna give them a call and see if i can get some specific questions answered but i really do appreciate the advise.

Thanks
hello,

we have similar problem when i applied my 1st stage ( de facto ), we don't lived together as we lived in two different countries , as far as i remember

we been chatting online on year 2004
visited australia on a tourist visa on 2005 for 29days stay, then i return in my country with such a small proof of our relationship, pictures and a joint account that only 2 weeks old,

what my partner did , he just give a brief letter of how much he wants us to be together.

to make it short i submitted

1. pictures
2. bank statement 2 weeks old ( joint account)
3. letter from my partner

and then i got a call for interview 1 month after i submit my application. after 2 weeks i was granted a temporary residence..

hope this help


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Old 07-29-2009, 02:44 AM
 
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^ REALLY?!?!?!?!

I'm here highlighting over 100 pages of bank statements....

Well, your story gives me hope, I'll give you that much!


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Old 07-30-2009, 03:51 AM
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Needless to say elkitten, I'm also amazed .
Certainly inconsistent from most applicants are going through it'd seem.





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