820/820 Question RE: Marriage/De Facto Relationship

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820/820 Question RE: Marriage/De Facto Relationship


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Old 04-25-2020, 04:12 AM
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820/820 Question RE: Marriage/De Facto Relationship

Hi all, I have a question about the 820/801 visa. I apologize if I sound stupid, I’m just gaining an understanding of the process. This is just to double-check that I haven’t got my wires crossed. My fiancee wishes to apply for the 820 (when we can) and we intend on getting married. However, I found some information online that confused me. There was no mention of marriage, just being in a de facto relationship for 12 months or more in order to apply. Because we are in a long distance relationship, my fiancee and I haven’t lived together for 12 months, therefore we can’t apply for this visa on de facto grounds (but needless too say, once she is here we want to live together, get married, share household responsibilities, etc). Am I misreading this information? I thought this Visa was a good option if we decided to get married.

I did find information about registering your relationship officially but my fiancee would have to have been a resident in the state for 12 months, which defeats the purpose. So to pursue the subclass 820, is the requirement that we are married, that we can show solid evidence of living together for 12 months prior to application, OR that you have registered your relationship? If I read correctly, the relationship registration waives the 12-month cohabitation requirement.

Sorry if I'm confusing any of you. I guess what I'm asking is, is marriage not enough? Is the 12-month cohabitation requirement for the 801 but not the 820? (as that would make more sense to me)? Will there be any issues if we decide to get married, even though we haven't lived together for a long time? (we do however, have proof that we've been in a relationship for years).

By the way, I know it must be laughable right now looking into Visa’s while there is a travel ban on, but we have been working on our options for a while now and we don’t want to give up on familiarizing ourselves with the options while all this is going on and I have some time off work, so please be kind. I hope everyone is okay and safe. Any help is appreciated.

Daisy144 likes this.

Last edited by forevercurious; 05-17-2020 at 06:22 AM.

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Old 04-26-2020, 12:54 AM
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To establish a de facto relationship there is no requirement to live together for 12 months, or any other period. Any of marriage or relationship registration, or 12 months in a de facto relationship, would satisfy the relevant schedule 1 (valid application) criterion.To satisfy the schedule 2 criteria there must be evidence that the relationship is mutual, exclusive, genuine and continuing. May I suggest that you consult one of the registered migration agents who posts on this forum for an assessment?

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Westly Russell
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Number 0316072
pinoyau.com

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Old 04-26-2020, 01:03 AM
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Hi There. 🙂 How can I contact the migration agent???

Me and my partner started chatting Oct 22 2015
We first met Jan 10 2016. He visited me in Philippines twice. Then I went to Bali to met him and his family because they went there for vacation. Visited Perth Dec 29, 2016.
Dec 30 2016. He asked me to his partner and not just a gf. Stayed Perth, the before my TV expire we both went to Philippines. Then second visa (TV) stayed Perth for another 3 mos. Then 3rd visa I was granted multiple entry. Do you think is it enough? We can't really live together for 12 months full because I need to go out of the country.


I applied for Defacto Oct 2018. My CO contacted me the other day that defacto means living with your partner for 12mos before you apply for your visa until now . Now, I have exceeded out 100 and 60 attachments. Do you know where I can send another documents? I messaged my CO but no email back from him.


Thanks Mate 🙂


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Old 04-26-2020, 01:21 AM
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Quote:
Originally Posted by forevercurious View Post
Hi all, I have a question about the 820/810 visa. I apologize if I sound stupid, Iím just gaining an understanding of the process. This is just to double-check that I havenít got my wires crossed. My fiancee wishes to apply for the 820 (when we can) and we intend on getting married. However, I found some information online that confused me. There was no mention of marriage, just being in a de facto relationship for 12 months or more in order to apply. Because we are in a long distance relationship, my fiancee and I havenít lived together for 12 months, therefore we canít apply for this visa on de facto grounds (but needless too say, once she is here we want to live together, get married, share household responsibilities, etc). Am I misreading this information? I thought this Visa was a good option if we decided to get married.

I did find information about registering your relationship officially but my fiancee would have to have been a resident in the state for 12 months, which defeats the purpose. So to pursue the subclass 820, is the requirement that we are married, that we can show solid evidence of living together for 12 months prior to application, OR that you have registered your relationship? If I read correctly, the relationship registration waives the 12-month cohabitation requirement.

Sorry if I'm confusing any of you. I guess what I'm asking is, is marriage not enough? Is the 12-month cohabitation requirement for the 810 but not the 820? (as that would make more sense to me)? Will there we any issues if we decide to get married, even though we haven't lived together for a long time? (we do however, have proof that we've been in a relationship for years).

By the way, I know it must be laughable right now looking into Visaís while there is a travel ban on, but we have been working on our options for a while now and we donít want to give up on familiarizing ourselves with the possibilities while all this is going on and I have some time off work, so please be kind. I hope everyone is okay and safe. Any help is appreciated.
For 820 you can apply if you get your relationship registered, even if you haven't lived together for 12 months.

I think in your situation you can also apply for PMV 300, but I'm not entirely sure.

Good luck


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Old 04-26-2020, 02:32 AM
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Quote:
Originally Posted by bhaby_chiq View Post
Hi There. 🙂 How can I contact the migration agent???
The one above your question can be contacted at his website https://www.pinoyau.com/

His details again:
Westly Russell
Registered Migration Agent
Number 0316072
pinoyau.com

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Visa Route: 600/300/600/820/801
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Old 04-26-2020, 04:31 AM
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Originally Posted by Daisy144 View Post
For 820 you can apply if you get your relationship registered, even if you haven't lived together for 12 months.

I think in your situation you can also apply for PMV 300, but I'm not entirely sure.

Good luck
Thank you so much.


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Old 04-26-2020, 04:32 AM
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Originally Posted by wrussell View Post
To establish a de facto relationship there is no requirement to live together for 12 months, or any other period. Any of marriage or relationship registration, or 12 months in a de facto relationship, would satisfy the relevant schedule 1 (valid application) criterion.To satisfy the schedule 2 criteria there must be evidence that the relationship is mutual, exclusive, genuine and continuing. May I suggest that you consult one of the registered migration agents who posts on this forum for an assessment?
Thank you so much. I'm trying to be careful that we meet the criteria, and I noticed there's a lot of emphasis on living together for a period of time. We have lived together before, but it's been visits. Thank you so much, an assessment might be suitable for us.


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