Visa 820 - Previous 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 Roel

Visa 820 - Previous relationship


Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 09-13-2019, 06:21 AM
Active Member
 
Join Date: Mar 2013
Posts: 9
Users Flag! From australia

Visa 820 - Previous relationship

Hi All,

I am currently in the process of applying visa 820 for my wife (as her sponsor).

There is a section in her application asking about the sponsor's previous relationships which you need to mention whether you have previously been in a de facto relationship or married.

Previously more than 2 years ago I was in a relationship in which we were girlfriend and boyfriend for a year and after that we lived together for less than 2 years (almost 1 year and 9 month). The only joint thing was the joint bank account (no ATO, Centrelink etc.).

Now my question is, does this relationship considered as a de facto relationship? Do I need to mention it in her and my application for 820?

Any help would be much appreciated,

Thanks,


Reply With Quote
  #2 (permalink)  
Old 09-13-2019, 08:41 AM
Senior Member
 
Join Date: Jul 2015
Location: Australlia
Posts: 4,721
Users Flag! From australia

961 likes received
288 likes given
Quote:
Originally Posted by comerun View Post
Hi All,

I am currently in the process of applying visa 820 for my wife (as her sponsor).

There is a section in her application asking about the sponsor's previous relationships which you need to mention whether you have previously been in a de facto relationship or married.

Previously more than 2 years ago I was in a relationship in which we were girlfriend and boyfriend for a year and after that we lived together for less than 2 years (almost 1 year and 9 month). The only joint thing was the joint bank account (no ATO, Centrelink etc.).

Now my question is, does this relationship considered as a de facto relationship? Do I need to mention it in her and my application for 820?

Any help would be much appreciated,

Thanks,
You lived together, as a couple?, which means de facto.

Yes, it appears you should mention it. I did on mine, for a 12 month relationship.

__________________
Full Timeline: www.australiaforum.com/immigration-timelines/131018

Reply With Quote
  #3 (permalink)  
Old 09-13-2019, 09:25 AM
Senior Member
 
Join Date: Sep 2013
Posts: 6,830
Users Flag! From australia

1424 likes received
400 likes given
I would not it is a relationship as boyfriend/girlfriend.

You can NEVER claim that as part of your relationship as far as Immigration Department are concerned.

They class it as "dating" - I used their definitions in their papers to be filled.


Reply With Quote
Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 09-13-2019, 09:41 AM
Senior Member
 
Join Date: Jul 2015
Location: Australlia
Posts: 4,721
Users Flag! From australia

961 likes received
288 likes given
Quote:
Originally Posted by ampk View Post
I would not it is a relationship as boyfriend/girlfriend.

You can NEVER claim that as part of your relationship as far as Immigration Department are concerned.

They class it as "dating" - I used their definitions in their papers to be filled.
Living together for almost 2 years and having a joint bank account seems more like defacto to me. Especially as they had a year of dating before living together.


Reply With Quote
  #5 (permalink)  
Old 09-13-2019, 12:18 PM
Senior Member
 
Join Date: Jul 2018
Posts: 78
Users Flag! From philippines

10 likes received
20 likes given
Lived together as a couple for more than 12 months = de facto.


Reply With Quote
  #6 (permalink)  
Old 09-13-2019, 01:22 PM
Senior Member
 
Join Date: Apr 2017
Posts: 377
Users Flag! From uk

98 likes received
38 likes given
The law says:

For the purposes of subsection (1), a person is in a de facto relationship with another person if they are not in a married relationship (for the purposes of section 5F) with each other but:

(a) they have a mutual commitment to a shared life to the exclusion of all others; and

(b) the relationship between them is genuine and continuing; and

(c) they:

(i) live together; or

(ii) do not live separately and apart on a permanent basis; and

(d) they are not related by family (see subsection (4)).


So you can be in a de facto relationship and not be currently living together or live together and not be in a de facto relationship. You need to meet all four tests.

The OP can decide on their own circumstances, but I would be including it (particularly if the currently relationship is shorter and is considered as being de facto).

__________________
Paul Hand
Registered Migration Agent 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation.

Reply With Quote
  #7 (permalink)  
Old 09-14-2019, 02:43 PM
Active Member
 
Join Date: Nov 2018
Posts: 43
Users Flag! From netherlands

13 likes received
23 likes given
If I remember correctly the question is about any relationship, it does not specify de facto. So I provided details of a previous relationship, with someone who was not my de facto partner. As anything on this application, I don't think it can ever hurt to provide too much information, so why take any chances?

JandE likes this.
__________________
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

Reply With Quote
  #8 (permalink)  
Old 09-15-2019, 05:20 AM
Active Member
 
Join Date: Mar 2013
Posts: 9
Users Flag! From australia

Thanks all,

I read somewhere in this forum that if there is no record of your relationship in Centrelink, ATO etc. then it is not considered as de facto.

I was just trying to avoid extra complexity to the application but seems like its more reasonable if I mention my previous relationship there as de facto.

If anyone has more/different opinions please kindly share.


Reply With Quote
Reply

Tags
820, de facto, partner 820

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 08:30 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