Partner Offshore Visa 309 - Prove of De Facto Relationship

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Like Tree1Likes
  • 1 Post By CCMS

Partner Offshore Visa 309 - Prove of De Facto Relationship


Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 08-05-2019, 11:37 AM
Active Member
 
Join Date: Feb 2014
Posts: 8
Users Flag! From singapore

3 likes given
Partner Offshore Visa 309 - Prove of De Facto Relationship

Dear all,

I have an Australian PR and looking to apply the partner visa 309 for my partner within the next couple of weeks.

Really grateful for the community here as it has helped me a lot and hope to get guidance on the following:

1) Is it really required that I have to be living in Australia to register our de facto relationship? I am not staying in Australia at the moment and would it be possible that myself and my partner schedule an appointment offshore and make the registration in person when we are on holiday in Sydney soon? (reference: https://www.service.nsw.gov.au/trans...lationship-nsw)

2) Looking at the current processing time, would it be acceptable/sufficient if we only include a legal relationship document ~6 months after we lodge our application? We do not have a legal relationship document (certificate of de facto relationship/marriage) before lodging our application but should have a marriage certificate by early next year.

Thanks in advance and looking forward to your kind guidance.

Cheers,
Mark


Reply With Quote
  #2 (permalink)  
Old 08-05-2019, 03:45 PM
Active Member
 
Join Date: Nov 2018
Posts: 44
Users Flag! From netherlands

13 likes received
23 likes given
1) The rules for registering a relationship differ per state. For NSW one of the couple has to live in the state. I would assume it is similar for other states.

2) You do not need legal relationship documents. You need to prove that you are in a legitimate, long-term relationship. Examples of types of evidence to provide can be found on the Home Affairs website under the 'Step by Step' / 'Gather your documents' section .

__________________
My timeline:
25/11/2018 - Application submitted 309/100
25/12/2018 - Police checks submitted
01/02/2019 - Medicals submitted
11/04/2019 - Visa 309 grant
15/09/2019 - Arrival in Australia

Reply With Quote
  #3 (permalink)  
Old 08-05-2019, 10:03 PM
CCMS's Avatar
Senior Member
 
Join Date: Oct 2013
Location: Cairns
Posts: 6,427
Users Flag! From australia

2384 likes received
170 likes given
Send a message via Skype™ to CCMS
You must provide evidence that you are in a de-facto relationship at the time you lodge the application. Unless you register the relationship you must show that the de-facto relationship has existed for at least 12 months.

You can register the relationship after you lodge the application, but that means that at lodgement time you may not actually meet the requirements and I don’t recommend it. Waiting for 6 months is very risky.

You could of course get married instead, which has the same effect as registering the relationship.

marklee likes this.
__________________
Nick van Voorst
Registered Migration Agent 0640648

Please do not send Private Messages.
For any inquiries, please visit our website: AUSVISA or download OUR APP from the Apple Store or Google Play

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

Reply With Quote
Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 08-06-2019, 04:01 AM
Active Member
 
Join Date: Feb 2014
Posts: 8
Users Flag! From singapore

3 likes given
Quote:
Originally Posted by CCMS View Post
Unless you register the relationship you must show that the de-facto relationship has existed for at least 12 months.
We have been in a relationship for 1.5 years and have stayed together for more than a year. However we do not have any legal documents (utility bills, housing loan, car loan, rental agreement etc.) to prove that we have been living together for last year. We only started having our names in a rental agreement starting Jan this year.

How best could we justify that we have been living together for more than a year, particularly justifying that we were living together last year?

Much appreciated,
Mark


Reply With Quote
  #5 (permalink)  
Old 08-13-2019, 10:53 AM
Active Member
 
Join Date: Feb 2014
Posts: 8
Users Flag! From singapore

3 likes given
Hey! If anyone could advice, that would be great!


Reply With Quote
  #6 (permalink)  
Old 08-13-2019, 01:41 PM
Active Member
 
Join Date: Nov 2018
Posts: 44
Users Flag! From netherlands

13 likes received
23 likes given
If you have been living together for a year, surely you have sort of proof that this is the case. I'm thinking phone bills, government letters, tax records, any official documents that were sent to each of you while you were living there. If you have no documentation, than Immigration will have no reason to believe that you are actually living together.

__________________
My timeline:
25/11/2018 - Application submitted 309/100
25/12/2018 - Police checks submitted
01/02/2019 - Medicals submitted
11/04/2019 - Visa 309 grant
15/09/2019 - Arrival in Australia

Reply With Quote
Reply

Tags
309, de facto visa, partner 309

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 07:40 AM.




Powered by vBulletin®
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2019 DragonByte Technologies Ltd.
AustraliaForum.com