820 Application Defacto 11 Months In

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820 Application Defacto 11 Months In


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Old 11-12-2019, 01:10 AM
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820 Application Defacto 11 Months In

Hello all, long time lurker, first-time poster here . I am writing this post as I would like some advice on my circumstances. I know this is no substitute for a migration agent but I would like some opinions on my situation and what course of action I should follow.

So here it is: My partner and I have been in a de facto relationship for the past 11 months. Our relationship is registered (albeit in a different state), and we have a joint lease together, joint electricity bill, two joint bank accounts one for rent, the other for everyday expenses. We have ample evidence of travel and commitment to each other through social events and also some challenging events such as a death in the family.

My partner is currently on a WHV with the expiration being in early 2020. We are thinking of submitting our application for the 820 visa within the next 1-2 weeks as we a starting to worry about the new changes with the sponsorship process, which to my understanding can start at any time (please correct me if I'm wrong).

If we apply at this current time we have a de facto relationship that is 11 months long, do you think this will considerably weaken our application? Even though we have a registered relationship.

Has anyone else had any experience with submitting an 820 application for a relationship that has been younger than 12 months?

Thank you for your time!


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Old 11-12-2019, 01:53 AM
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It depends on the quality of evidence you have across the "four domains" (household, financial, social, commitment) to demonstrate a genuine and continuing relationship - I would suggest consulting a reputable MARA agent or two to vet your application and affirm you are on the right path.

To your question - just sharing our journey which may or may not be helpful to you in some way as it is a different visa subclass but from what I understand very similar requirements to show a genuine and continuing relationship.

Although in some cases requirements have to be met at the point of visa application, and in others cases requirements have to be met at the point of visa decision - which is again when a MARA agent would be handy to advise and assist.

Basically we were in a de facto relationship for ~1 month, and had registered our relationship for ~a few days:

-Relationship begins onshore January 2018

-Gradual entangling of affairs begins June 2018 (e.g. joint bank account with regular savings deposits for joint travel, sharing of automobile assets and relevant insurance policies etc.)

-190 visa lodged for primary applicant August 2018

-De facto relationships begins (same date joint lease begins) October 2018

-De facto relationship registered November 2018

-Secondary applicant (de facto partner) added to pending 190 visa November 2018 (via Form 1436)

-Grant March 2019

--

The majority of our shared experiences (travel, social outings, pictures) were from before we began our de facto relationship, but we continued to upload evidence across the four relevant categories from November 2018 to March 2019 - to my unprofessional mind that period between when the relationships began and the de facto relationship began would have been crucial to contextualising our de facto relationship.

We were open and honest about the development of our relationship and our goal to be a family unit via this process as opposed to a partner visa process due to the latter scenarios expense and length.

There was definitely no consensus among MARA agents we consulted - one flat out said the fact that we opened a joint bank account so early would be a red flag to DHA (although at that stage we had no intention of using it as a type of evidence to apply for a visa later down the road) and declined to advise or assist us.

This is the MARA agent we used by the way:
https://www.myaccessaustralia.com/

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__________________
190 ACT | ANZSCO 411711 | 75+5

ACWA skills assessment completed 15 Jun 18
ACT nomination lodged 20 Jun 18
ACT nomination 21 Aug 18
190 lodged 21 Aug 18
Added de facto via Form 1436 12 Nov 18
De facto added by CO 14 Nov 18
CO contact de facto medical/functional english 1 Dec 18
Responded to CO 6 Dec 18
CO contact de facto functional english (already provided) 22 Feb 19
Responded to CO 25 Feb 19

Grant 4 Mar 19

Happy to share my experience with ACWA, ACT, SG PCC, Form 1436.

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Old 11-12-2019, 02:08 AM
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Wow, thank you very much Pretty Isotonic! I really appreciate you sharing your experience so in-depth. It is comforting to hear that your application went through so smoothly. Congratulations!

I have a query regarding the following quote.
Quote:
Originally Posted by PrettyIsotonic View Post

There was definitely no consensus among MARA agents we consulted - one flat out said the fact that we opened a joint bank account so early would be a red flag to DHA (although at that stage we had no intention of using it as a type of evidence to apply for a visa later down the road) and declined to advise or assist us.
Why would it be a red flag for you to open a joint bank account early on, is that frowned upon if you come to Australia on another visa. Even though there is no NFS condition with the intention of being together as a family unit, or is that specific to the 190 visa conditions? What did your other agent have to say about that?

Thank you again for your time and your detailed response


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Old 11-12-2019, 02:28 AM
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Quote:
Originally Posted by north2south View Post
Hello all, long time lurker, first-time poster here . I am writing this post as I would like some advice on my circumstances. I know this is no substitute for a migration agent but I would like some opinions on my situation and what course of action I should follow.

So here it is: My partner and I have been in a de facto relationship for the past 11 months. Our relationship is registered (albeit in a different state), and we have a joint lease together, joint electricity bill, two joint bank accounts one for rent, the other for everyday expenses. We have ample evidence of travel and commitment to each other through social events and also some challenging events such as a death in the family.

My partner is currently on a WHV with the expiration being in early 2020. We are thinking of submitting our application for the 820 visa within the next 1-2 weeks as we a starting to worry about the new changes with the sponsorship process, which to my understanding can start at any time (please correct me if I'm wrong).

If we apply at this current time we have a de facto relationship that is 11 months long, do you think this will considerably weaken our application? Even though we have a registered relationship.

Has anyone else had any experience with submitting an 820 application for a relationship that has been younger than 12 months?

Thank you for your time!
What was the situation with your relationship, prior to the 11 months you consider as de facto?

When did you register the relationship?

Registering the relationship can waive the one-year de facto relationship requirement.

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Old 11-12-2019, 02:36 AM
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Quote:
Originally Posted by JandE View Post
What was the situation with your relationship, prior to the 11 months you consider as de facto?

When did you register the relationship?

Registering the relationship can waive the one-year de facto relationship requirement.

Hello JandE, we were living separately (in different states) and were in constant communication. The date we officially decided we were in a relationship was the first day of being defacto as we were living together and cohabitating, shortly after we left the country to come to Australia.


We registered almost immediately after arrival in Australia.
which was in February and received approval for the registration in March. I am a little bit concerned as we are registered in a different state to where we are currently residing. However, I have spoken to a RMA about it and they said it would not be a good idea to deregister and re-register in our current state as that could be seen as a lapse in the relationship. Also, the department of BDM does not allow simultaneous registration in different states.


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Old 11-13-2019, 12:04 AM
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Quote:
Originally Posted by north2south View Post
Wow, thank you very much Pretty Isotonic! I really appreciate you sharing your experience so in-depth. It is comforting to hear that your application went through so smoothly. Congratulations!

I have a query regarding the following quote.


Why would it be a red flag for you to open a joint bank account early on, is that frowned upon if you come to Australia on another visa. Even though there is no NFS condition with the intention of being together as a family unit, or is that specific to the 190 visa conditions? What did your other agent have to say about that?

Thank you again for your time and your detailed response
The MARA agent said something to the effect that it demonstrated a pre-meditated effort to create evidence for a future partner visa application. If indeed there was a genuine relationship that underpinned such a reason, I don't see why that might have been any issue. In reality, at that stage we were using the account to save regularly for joint travel.

We didn't go with that MARA agent in the end though, not because we disagreed, but because multiple other MARA agents confirmed that our joint account start date was no issue.

I don't think the NFS condition has anything to do with being able to have an Australian bank account or not - as long as you can qualify to open one you are able to afaik (I was able to open one from offshore).

The 190 visa never comes with a NFS condition as it is a PR visa - and we were both onshore prior to applying though with substantive visas without a NFS condition.

__________________
190 ACT | ANZSCO 411711 | 75+5

ACWA skills assessment completed 15 Jun 18
ACT nomination lodged 20 Jun 18
ACT nomination 21 Aug 18
190 lodged 21 Aug 18
Added de facto via Form 1436 12 Nov 18
De facto added by CO 14 Nov 18
CO contact de facto medical/functional english 1 Dec 18
Responded to CO 6 Dec 18
CO contact de facto functional english (already provided) 22 Feb 19
Responded to CO 25 Feb 19

Grant 4 Mar 19

Happy to share my experience with ACWA, ACT, SG PCC, Form 1436.

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Old 11-13-2019, 12:38 AM
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Quote:
Originally Posted by PrettyIsotonic View Post
The MARA agent said something to the effect that it demonstrated a pre-meditated effort to create evidence for a future partner visa application. If indeed there was a genuine relationship that underpinned such a reason, I don't see why that might have been any issue. In reality, at that stage we were using the account to save regularly for joint travel.

We didn't go with that MARA agent in the end though, not because we disagreed, but because multiple other MARA agents confirmed that our joint account start date was no issue.
Well Pretty Isotonic, I'm glad that you switched agents! I'm surprised your first agent gave you this misinformation. I was under the impression all agents have to undertake mandatory CPD to be in the know for this kind of situation.

I have taken your advice and will have an agent look over my application to make sure I am on the right path.
Thank you again for your input, it is greatly appreciated!


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Old 11-13-2019, 12:59 AM
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Quote:
I was under the impression all agents have to undertake mandatory CPD to be in the know for this kind of situation
They do, but they do not have to stay awake during the process.

A very recent joint account, set up only for the purpose of having one, or that is not used, could be counter productive.

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Old 11-13-2019, 01:32 AM
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Quote:
Originally Posted by wrussell View Post
They do, but they do not have to stay awake during the process.

A very recent joint account, set up only for the purpose of having one, or that is not used, could be counter productive.

Haha

Our joint accounts were opened whilst overseas and activated immediately on arrival in Australia 10 months ago.

One has been used for rent, the other for income deposits and joint payments. So they are both used frequently.
We also do bank transfers to each other's personal accounts and all three accounts are with the same bank.

Thanks for your feedback!


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