12 month relationship requirement

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12 month relationship requirement

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Old 07-21-2009, 03:25 AM
Join Date: Jul 2009
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Hello all,

Iím wishing to enquire about the Offshore temporary and permanent de facto visa (Subclass 309 and 100). I am an Australian citizen and my partner is British. We are currently living in New Zealand and wish to submit an application in NZ to enable my British partner to migrate to Australia.

My British partner and I met in the UK in May 2007. We spent 6 months together in the UK although we only have photographic evidence of this period. I returned home to Australia in Dec 2007 (due to my British visa expiration) but we have evidence that the relationship continued for the next 12 months whilst we were separated (plane tickets where we met in Thailand and emails etc).

We knew that in Dec 2008 (18 months after meeting) we still wouldnít satisfy the 12-month relationship requirement. We decided that we would move to New Zealand and my British partner would apply for a NZ working holiday visa. My British partner was unable to be issued an Australian working-holiday visa as he had already been granted one in 2005.

We are currently living together in NZ, with evidence: shared rental agreement, shared bank account statements, shared travel and can arrange all stat decs etc

February 2009 is the earliest date that we have evidence of actually living together and sharing expenses etc in NZ. We have evidence of travelling together from Dec 2008 including co-hiring of a campervan. My British partner arrived into Australia in November 2008 where we stayed for 3 weeks prior to moving to NZ.

Would there be enough evidence for my partner to apply for the visa in October 2009 given that those specific documents (bank statements etc) are only dated from February 2009?

Has anyone been in this situation where they have the full range of evidence (shared rental agreements, shared bank statements) but not for the full 12 months?

Thanks in advance for any advice. We'd love to be home for Xmas!

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Old 07-21-2009, 04:34 AM
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Immigration officers are bound by legislation to abide by the regulations for any particular visa but they may have some scope as to what is accepted for living together.

I haven't checked the timeline entries of our sticky thread #1 but most people who have posted here re partner visas have made sure of having evidence for the full 12 months and many have commented re ringing for an interview, going in within weeks to lodge an application and getting a speedy response.

There'll be immigration records for your partner re arrival and for both of you in going to NZ, so if they match up OK and you can provide evidence of you being together from November, friends/family statutory declarations or whatever, a CO may take that into account.

What I'd do is ring for an appointment in NZ, say it is for pre-lodgement and you wanted clarification to help you determine when you could actually apply - have your time together documented and though photos from a couple of years back will only mean so much [hopefully dated] any dated correspondence, emails etc. will help support the validity of your relationship.

If you definitely want to be back in Oz for Xmas you could also look at returning to Australia earlier, your partner on an ETA or tourism visa and in still being together lodge an 820/801 back in Oz though it'll cost you an extra $820 .

  #3 (permalink)  
Old 07-27-2009, 06:20 AM
Join Date: Jul 2009
Posts: 2
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Hey Wanderer,

Yes, I had also requested this information via email through the NZ branch of Australian Immigration. I received a phone call this morning from an official, and like you'd suspected, she indicated that there is some latitude for what they'd consider as "living together" - all applications are considered on a case-by-case basis, however.

I think we'll mull over the decision for now...

Thanks again for your suggestions

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12-month, 12month, de facto, defacto, relationship, subclass 309

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