yet ANOTHER defacto question....

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yet ANOTHER defacto question....


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Old 07-06-2009, 03:16 AM
 
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yet ANOTHER defacto question....

So I have read what other people have said and apparently I am not the only one having trouble prooving that we have lived together for over a year.

We have relativly substantial evidence otherwise

-we can itemise bank statements to show that we paid for bills, food, outings etc together
-we have at least 7 stat decs from aussies including ALL my bf's family members
-evidence of travel (him to my family's home in the us for three months, the two of us and his mother traveling in australia)
-evidence that we have worked together (he helped me get my honours project at his company)
-phone bills showing that i called him everyday that we were apart
-pictures, e-mails, wedding thank you card
-we just got a joint bank account
-evidence that he intended to move with me to canada, but since we couldnt get jobs, we are hoping to go back to oz together...

Our own stat decs will explain a lot about our sitation--we have know each other for five years at this stage and have lived together for four years, 1 and a half of which we were officially together.

Problem with that is--his name wasnt on the lease agreement until the very end, his name is only on one bill, along with a former housemates....

We can both show correspondence going to that same address, and we can both show in bank statements that we were paying rent and bills together--hell, MY NAME wasnt even on any of the bills.....it is on the lease agreement though.....

We do have compassionate reasons and explanations as to why this happened (never got his name on the lease as when he first moved in we didnt know how long he would be staying then we unfortunatly just left it, try as i might to change the names on the bills, for some reason it kept going back to the original name on the invoices....we were both on the "safe list" though, does that help if we can get it on paper?!)

What i am asking is, does no one get in unless you can show a lease agreement and shared bills?!

Has anyone managed to show that they have been together for over a year without these documents?

Oh yeah, I'm Canadian and i will be applying from the USA.

Thanks for the replies in advance!


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Old 07-06-2009, 10:30 AM
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Welcome to the forum elkitten and sounds like you have a bit of a varied life together, joint lease or not.

If you have a read of the relationship requirement - Australian Immigration Fact Sheet 35. One-Year Relationship Requirement you'll see there's no specific mention of a joint lease agreement though there is mention about real estate in a general sense.

That said, it's obvious that having a joint lease and utility bills offers a form of tidier proof of living together; your name on the lease and his on bills is it or paying them which is a bit different to say the least but if his name is shown there, I'd reckon that's a start.

That together with bank statements and other correspondence may be sufficient especially if the 1.5Y together has been the last 1.5 and then you have further evidence of the relationship being even longer [ do you need to clear up how you live together for 2.5Y unofficially! [ but don't answer that hear].

All I mean is that if you include it and have evidence it'll be great but have it logical and drop the unofficial stance.

What I'd be doing if I was you would be to establish a quite clear timeline list kind of like an index and have nominated reference documents to verify hopefully the last 1.5 together.

The working together if documented, wedding invitation etc. can be part of the timeline documents or just general supportive stuff.

You could have a cover note to indicate that yep we've been at this address for 1.5 years, the lease was already in my name but our bank statements reflect the joint paying of bills.
[ And was it his name on the bills? - that may also need clarification, and especially so if not!]
I wouldn't go into 'we didn't put his name on the lease because we didn't know etc..... - just that it was in your name and leaving it that way is pretty standard.

Even if it means having family [his and yours] redo statutory declarations to reflect the timeline and longer relationship [ but not so they are near identical copies ] then do it so there's no inconsistency.

That everything stacks up to show solidly the relationship is the most important thing.





  #3 (permalink)  
Old 07-06-2009, 04:17 PM
 
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Hello Wanderer and thank you for the quick reply!

What you are saying makes a lot of sense--my boyfriend and I have had a long relationship as friends and we have indeed been together for over a year, it's just a bit complicated to explain to someone who doesn't know us so I think you are right.

Establishing a detailed timeline is possible--how long we have known each other through stat decs and when our official relationship started through them as well won't be a problem. We were have also identified "blocks" during the early part of the "official" relationship when we were paying bills online at the exact same time, so even if our names weren't on the bills, the bank statement will show the same account numbers.

It's basically establishing a paper trail right? I think one of my problems will be explaining who the other person was on the lease and why the bils were in this person's name--basically it was an international person who left without properly changing over affairs and left us unable to get things in our name.... if i explain this in my stat dec will that be ok you think?

I'm definitly taking your advice at heart--clarity, timeline... we are basicaly going to set it up like a project for university--introduction, stat decs, financial etc and explain each section and the evidence we are showing.

blech! onwards and upwards right?! thanks for your advice!


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Old 07-07-2009, 09:29 AM
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elkitten
Quote:
It's basically establishing a paper trail right? I think one of my problems will be explaining who the other person was on the lease and why the bils were in this person's name--basically it was an international person who left without properly changing over affairs and left us unable to get things in our name.... if i explain this in my stat dec will that be ok you think?
Yep, reckon you've got my drift and it would certainly help as well if the other person was approachable to get a statutory declaration re the lease and bills or perhaps even better still the landlord/real estate agent if they are aware of the situation, even also some acknowledgement from the utilities if that is possible.

I see from your post on Terndeb's thread that you have considered a skilled visa but were deterred becaus of the cost at ~$5000 which is about double for what one person would normally pay.

I know there is a two stage fees approach shown but the second installment relates to if a partner/children do not have a sufficient level of english and that extra ammount is supposed to go wherever it goes for funding of english lessons.

So it is only I'd expect for you $2530.
And though that table on Partners Visas is a bit messy looking, think you'll be close to the same for a partner visa.

The big issue at moment is the priority approach that immigration has applied to processing of GSM visas, a bit on that in sticky thread #4 and essentially at the moment according to alleged immigration letters [one posted in another thread] if your occupational category is not on the CSL or you're not sponsored by an employer or nominated by a state/territory - visa 176, then forget about 2009/2010 courtesy of global economics and if things continue much as or get worse, the priority situation could be expected to continue.

If through your partners contacts you can have a job offer lined up and your occupation is on the CSL or usually still just SOL for nomination , I'd certainly say go for a state nomination and then do a 176 visa application.
And re having to get qualifications approved [first step] you may have to do that anyway depending on your field of work, being registered etc.

And finally, are you 30 or under for a WHV if wanting to get in quick, and it's now six months that you can work for one employer [ maybe by the 3M comment, you've already been!].

Anyway, good luck.





  #5 (permalink)  
Old 07-07-2009, 12:01 PM
 
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My boyfriend and I had lived together for a year however we did not have a joint bank account and my name was not on the lease or any of the bills like water and electricity.

We sent letters addressed to both him and I at the same address over a long period of time (I had saved them so we could use them), we included receipts and bank statements showing that while he pays for the rent and the bills I pay for food, living, etc. We also had written declarations from friends, family and of course ourselves.

We got our visa in under 2 months!
good luck with yours!! What you have sounds like its plenty!


  #6 (permalink)  
Old 07-08-2009, 02:16 AM
 
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Partner visa isn't a "GSM" visa is it? I had a look at the priority thingie on the immi website and looks like there is SOME priority on partner visa's, but I am lucky since my boyfriend/sponser is Australian so i will only be preceeded by people with children (which is fine really).

The price is right on the money, except the actual Visa now costs 1,700AUD (im offshore), then you have to add on police checks and the medical...the flight....all in all its going to be about $3,000AUD to get me there...which is really not bad considering the results =)

PS: Belle20, thank you for your post, you have given me re-newed hope! It's just hard not to think of the immigration as full of love hating people sometimes--i'm in love with an aussie!!! Isn't love enough?!? heehee kidding kidding =)


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Old 07-08-2009, 02:46 AM
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Partner and GSM are in deed different streams and I find it interesting with their fee structure, to extent I wonder whether they have made a mistake for
. $1705 to come in on a partner visa, eventually PR.
and
. $1705 also to come in on a prospective marriage visa but then another $825 to go through the TR partner visa onshore visa and then on to PR.

Just seems weird to me but then suppose immi want to recoup all their admin costs, even though they really create the extra step.

And yep, some regs seem hard, a lot of messing about but then they want to weed out relationships of convenience etc.
But I've had contact a few times with immi people and generally they are considerate, helpful and do not mind being contacted - easy enough from anywhere in Australia with a local call.

Another reason to get well documented too - last year I think it was and latest immi report for pre 2007 had something like on average 160,000 visa applications being refused per year for previous four.

So read all the fine print, links, booklet and all and make use of the Checklist.





Last edited by Wanderer; 07-08-2009 at 02:54 AM.

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