820/801 De facto Partner Visa

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820/801 De facto Partner Visa


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Old 10-07-2018, 10:04 AM
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820/801 De facto Partner Visa

Hi all,
I am sponsoring my partner for a 820/801 visa. We have been together for a bit over a year but only lived together (same address) for the last 3 months.

According to the visa website, you need to be in a defacto relationship for one year before applying, and the definition of a defacto relationship includes "living together".

Considering the processing time, by the time they start assessing our case we will have lived together for more than a year, do you think it's okay to apply in those conditions? I don't want her/us to waste $7000+...

Thanks for your help


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Old 10-07-2018, 10:09 AM
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You need to meet the 12 month de-facto requirement at the time you lodge the application, not a year later.

You'd be well advised to get some professional assistance, so you won't be throwing away $ 7160.00 in application fees.

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Old 10-10-2018, 05:36 AM
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Quote:
Originally Posted by jeanetienne View Post
Hi all,
I am sponsoring my partner for a 820/801 visa. We have been together for a bit over a year but only lived together (same address) for the last 3 months.

According to the visa website, you need to be in a defacto relationship for one year before applying, and the definition of a defacto relationship includes "living together".

Considering the processing time, by the time they start assessing our case we will have lived together for more than a year, do you think it's okay to apply in those conditions? I don't want her/us to waste $7000+...

Thanks for your help
Hi, Its always better to have a well-experienced immigration agent if your case is complicated. with my understanding, you need to register your relationship with the respective state you reside in. Look at the below law about defacto relationship.

According to regulation 2.03A of the Migration Regulations 2014, de facto partners must have been in a continuing and genuine, cohabitational relationship for at least 12 months prior to the date of application. If this criterion is not satisfied, applicants must establish compelling and compassionate circumstances for the grant of the visa, unless the relationship has been registered under the law of the applicable State or Territory.

thanks
V


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Old 10-10-2018, 06:14 AM
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Quote:
Originally Posted by vince26 View Post

According to regulation 2.03A of the Migration Regulations 2014, de facto partners must have been in a continuing and genuine, cohabitational relationship for at least 12 months prior to the date of application.
Regulation 2.03A actually does not mention "cohabitational" anywhere...

I agree that it is best to leave complicated cases (and even straightforward ones) to experienced Registered Migration Agents. The same goes for the interpretation of complex legislation.

Mania, paulhand and jeanetienne like this.

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