Defacto Visa

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Defacto Visa


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  #1 (permalink)  
Old 12-05-2009, 08:30 AM
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Defacto Visa

Hi Guys,

I have been going through this thread and i do not seemed to find anyone applying for a same sex defacto visa. Just need some advice

I am going to apply for this visa next year after February.
Me and my partner got 2 leased both 6 months in our names, same joint account, all our expenses are paid through this account, we have some bills in my name and some over his name all addressed to our place.
Over this year we had 3 holidays together, both domestic and 1 international with all those trip we have retained receipts for hotels, boarding passes for airline tickets and pictures of us together.

We are fairly young only in our early 20s but we are fairly committed and he has a good government job well I am studying for a professional degree. I am from a assessment 1 Asian country.

My question is whether this type of visa is hard to apply for and is there really a need for us to go through a migration agent or any others who had applied for would share some of their experience.

Thanks loads in advance people!
cheers.


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Old 12-05-2009, 03:38 PM
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Hi Darren and welcome to the forum,
I've got recollection of one other same sex relationship couple doing a visa application and the department will be just interested in whether you meet therelationship criteria and looks like you've got some good records there with leases, joint bank accounts etc.

Just supplement that with the statements they advise on in Booklet 1. and follow the Checklist in the "applying for this visa" section of the visa info on the immi site and you ought to be fine.

Another case I saw elsewhere, two gals and a similar situation in that the applicant was from a country not so open [her parents were yet to be informed!] and in Melbourne her visa was approved in a few weeks, no agent used.





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Old 12-05-2009, 09:20 PM
 
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Its more of a lot of work rather than hard work, so I agree with wanderer--no need for an agent. Plus you have some pretty solid evidence you can provide them so you wont have to be searching too much at all.

If possible though, maybe hold out another 6 months as you will have a full year of evidence of you two living together etc by then. Otherwise, you will just have to provide evidence that shows you lived together and shared expenses (etc etc) by other means to make up the 12 year relationship requirement. I have suggested to many people if they are lacking "neat" evidence to look through bank statements and highlight joint purchases and purchases of relevance..haven't heard of anyone who tried that that didnt get their visa =)

I think you'll be fine!

Good luck!


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Old 12-05-2009, 09:43 PM
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Hi
Thanks for your reply,

What we had was we started living together at a leased property from March this year, both in our names and we leased it from a private landlord but we managed to have a letter written by the landlord to confirmed our tenancy.

At August, we moved to a new place because our 6 months leased ended. So by next year March we should be able okay with the 12 months stay thing.

Do you reckon we have to stay at the same property for 12 months or we can combined them?

Thanks guys.


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Old 12-06-2009, 01:16 AM
 
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You can combine them no problem!

I only mentioned the 12 month thing just incase you might not have had "tidy" proof for the 6 months previous to your current lease. Sounds like you certainly do!

Do as wanderer said--read booklet 1 thoroughly and make notes as you go of the evidence you can supply to make it easier to pull it all together.

On the second or so page of this page of the forum i wrote an "unofficial defacto tips" thread, mind you it was aimed at people who might not have the evidence you have, but it might be helpful if you feel like reading it. Experiences about police and medical checks can be quite helpful as depending on where you are and where you have been in the last ten years it can get a bit complicated, but, nothing you cant handle.

Good luck!


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Old 12-06-2009, 07:24 AM
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I am actually quite worried about a couple of things.

1. We have all bills in either one of our names, for example, electricity, gas and our rental goods is in his name while internet and telephone is in my name, but all this bills is paid by our joint account monthly, including rent.

Q: Would this be a problem since we dont have both our names on every bills?

2. We actually have not disclosed our relationship to his parents so there is no chance of any stat declaration from any of his family.(Due to the nature and sensitivity of our relationship) I might be able to get my mum to do it overseas and 3 of our friends.

3. How do we actually compiled everything on our application, i read somewhere that no file is required?

Sorry guys i am just really worried about this since we are not from a straight relationship and i believed this type of relationship is scrutinized thoroughly to ensure it is genuine and ongoing.


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Old 12-06-2009, 04:04 PM
 
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All the relationships are scruitinized quite heavily when you are declaring defacto, but I honestly believe that you do have a strong case.

Also, I remember reading that in a relationship such as yours, they are understanding of the fact that your relationship may not have been "fully" declared. What you would have to do is explain that in your statutory declarations that you both have to write about your relationship. Still get as many stat decs from family members and friends as possible, but, if his family dont know, that's fine just make sure he says so in his own stat dec and explains why...

My boyfriend and I had no bills in either of our names--they were in the name of an ex roomate. We used our bank statements to show that we shared costs and provided a couple of the bills so that the CO could compare them to the statements if he wished (eg: Jan bill was $100, our bank statements show $50 each paid to that bill...get what i mean?).

What I would do if i were you is write a statement to explain your financial situation (basically what you said above). Then provide some bills and also highlighted bank statements (to show when you paid, when he paid...when you both paid) with a one word description of what the purchase is next to it. Especially since this will be primarily from your joint account, you shouldnt have a problem. It's a lot of paper, but, provide copies of all of these for the past 12 months (bank statements, and bills). Before you get worried (I did) you DO NOT have to get bills and bank statements certified.

Compiling the info--nope, they prefer you dont use a folder or anything like that. The only thing I did was put small items (pictures, cards etc) in a big ziplock baggy so they wouldnt fall out all over the place and I labeled the baggy. Otherwise, I wrote declarations for each "section" of our application to explain what my CO was looking at, and also to explain our situation since it was quite complicated. If you feel like you would benefit from doing that, then you just put your application in order--forms, your own stat decs, financial dec, financial evidence, household dec, household evidece, social context dec, social context evidence and friend stat decs and so on.

Like i said, make a whole bunch of notes on the booklet one as to how you could prove each aspect, and what other evidence you could provide. For example, when i reviewed my and my BF's bank statements, I saw that the valentines day present he sent to my house while i was in america showed up in his statements--i highlighted it and provided a copy of the card that came with it and the enveloppe which had my U.S address on it. Little things will pop up as you go through the application process--sure you dont want to overload them (dont give too many pictures) but if you find things that will prove what you say in statements and what not, do include it.

Good luck and please don't be worried--I really think you will be able to do it. =)


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Old 12-06-2009, 09:32 PM
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thanks heaps for your advice,
will keep you posted if there is any updates or questions.


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Old 12-07-2009, 11:54 PM
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Quote:
Originally Posted by Darrenc View Post
Hi Guys,

I have been going through this thread and i do not seemed to find anyone applying for a same sex defacto visa. Just need some advice

I am going to apply for this visa next year after February.
Me and my partner got 2 leased both 6 months in our names, same joint account, all our expenses are paid through this account, we have some bills in my name and some over his name all addressed to our place.
Over this year we had 3 holidays together, both domestic and 1 international with all those trip we have retained receipts for hotels, boarding passes for airline tickets and pictures of us together.

We are fairly young only in our early 20s but we are fairly committed and he has a good government job well I am studying for a professional degree. I am from a assessment 1 Asian country.

My question is whether this type of visa is hard to apply for and is there really a need for us to go through a migration agent or any others who had applied for would share some of their experience.

Thanks loads in advance people!
cheers.
Hi Darren,

Sam sex de-facto relationships are viewed the same as any other de-facto relationship and recent changes to migration regulations means that the visa subclass being applied for is also the same.

As to the strength of your application, this will depend on the specific details and the documentation you are able to provide.

From what you have posted it seems your case is quite strong but again this will depend on details and documents.

Best of luck.

Raul T Senise Registered Australian Migration Agent, MARA No. 0636699
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