Visa 309 long relationship break up in middle

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Visa 309 long relationship break up in middle


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Old 01-20-2020, 01:55 PM
Wua Wua is offline
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Visa 309 long relationship break up in middle

Hi!
I am reaching out to see if anyone has been in a similar situation.

I met my partner (Australian) over 6 years ago in Australia when I was a student, in 2013. He is younger than I.
My visa was ending so we decided to move to my home country after one year of relationship in order to be together while I was doing my internships.
Unfortunately, he started to feel very homesick and even though he was doing well (job, learning the language) he decided to move back to Australia after 15 months. I was heartbroken.
After the euphoria of being back home to be with his loved ones, he realised he wanted to move back to Europe to be with me.
However, he had to get a job and save money first so we had no idea how long it would take. It was a weird situation. I moved to the UK and saved up some money too to meet up with him.
For nearly 2 years we kept in touch mainly via Snapchat, a bit on messenger. Hence, we don't really have many proofs about keeping in touch during this time.
We finally saw each other again (that was 2 years after he left europe) in Asia and decided to move things quicker and that would never leave each other again. He went back to Australia and moved to the UK 7 months later. (I paid for his ticket).
We've now been in the UK living together and sharing bills (lease under my name) for 16 months and we're very happy. We would like to move to Australia in the next 2-3 years to be closer to his family (in the event of starting a family of our own!). We're starting to look at lodging a 309/100 but we want to make sure we have sufficient)strong proofs.

Has anyone been in the situation of struggling to gather evidence of keeping in touch while appart?
I'm wondering if we should put the date of beginning of our defacto as 2018 (moved to the UK) as opposed to the date we started to live together in my home country (2014).
Would this be an issue to prove that our relationship can be referred as continuing?

Thank you!


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Old 01-20-2020, 08:42 PM
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You only have to provide evidence of a 12 month de-facto relationship, so the break you had earlier is not all that relevant, as you have now been together for 16 months.

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Old 01-21-2020, 11:43 AM
Wua Wua is offline
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Hi

Thank you so much for your reply.
I've seen a lot of applicants on the forum attaching proofs of their entire relationship (joint lease for the last few years), hence my question.
Should I put 2018 as the date of beginning of the defacto relationship as opposed to 2014 when we first lived together?
Thank you


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Old 01-21-2020, 09:22 PM
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Yes, you could do that, while still declaring the entire relationship. Your story isn’t that unusual.

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Old 01-22-2020, 12:56 AM
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Quote:
Originally Posted by Wua View Post
Should I put 2018 as the date of beginning of the defacto relationship as opposed to 2014 when we first lived together?
I would use 2014 personally.

Your full history makes your relationship look much more genuine.

Let us know if you go straight to the 100 visa..

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Old 01-22-2020, 12:01 PM
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Thanks a lot. We're going to start gathering stronger evidence of our relationship from 2018 as we have limited evidence between the time apart 2016-2018 (apart from 1 joint travel and the tickets), and a few letters addressed to both of us to our flat in France in 2015. Will take everything to a migration agent or a lawyer and see what they say. I will keep everyone updated!


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Old 01-22-2020, 10:34 PM
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Quote:
Originally Posted by JandE View Post
I would use 2014 personally.

Your full history makes your relationship look much more genuine.

Let us know if you go straight to the 100 visa..
How would you argue that the de-facto relationship continued during the 2 years they were not together? And why would you, when you have strong evidence of a de-facto relationship in the past 12 months, other than for the sake of trying to claim a long term relationship, which clearly was interrupted for 2 years?

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Old 01-22-2020, 11:46 PM
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Quote:
Originally Posted by CCMS View Post
How would you argue that the de-facto relationship continued during the 2 years they were not together? And why would you, when you have strong evidence of a de-facto relationship in the past 12 months, other than for the sake of trying to claim a long term relationship, which clearly was interrupted for 2 years?
The way I am looking at it, is that they have the recent evidence, sufficient for the application, plus the older history of a relationship, even though a break, caused by being homesick, rather than relationship problems.

They did keep in touch for that 2 years.

It shows a long term relationship situation compared to a couple who have known each other for only one year.

They did after all start living together originally in 2014.

I feel that an Immigration officer would take all that into account, when determining if this is a genuine relationship.

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Old 01-23-2020, 01:30 AM
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Quote:
Originally Posted by JandE View Post
The way I am looking at it, is that they have the recent evidence, sufficient for the application, plus the older history of a relationship, even though a break, caused by being homesick, rather than relationship problems.

They did keep in touch for that 2 years.

It shows a long term relationship situation compared to a couple who have known each other for only one year.

They did after all start living together originally in 2014.

I feel that an Immigration officer would take all that into account, when determining if this is a genuine relationship.
Is "keeping in touch for 2 years" sufficient to show that a de-facto relationship existed at the time? Obviously you would declare the entire relationship period, but how would you claim that you were in a de-facto relationship, when you clearly were not?

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Old 01-23-2020, 07:33 PM
Wua Wua is offline
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Please update your flag here .

We'd definitely declare the whole relationship in the relationship statement.
When I say we kept in touch for two years, I mean we literally spoke everyday for two years, trying to figure a plan about how to get him here and save up for it.

I'm leaning on putting 2018 too for "peace of mind" as it seems to be more straightforward than trying to justify our commitment when we didn't see each other much during that time.
In our case, what confuses me is that a "defacto" relationship starts when you live together and basically live like a married couple. Which we fully did back in 2014. I've got proof of being his next of kin when he stayed in hospital that year. Should we include that type of evidence of commitment or is it purely pointless?
(=Do we need to include photos and proofs of the entire relationship like photos, bank accounts from 2015 or strictly from the last 12 months?)

Thank you


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