Living together consecutively for 12 months question

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Living together consecutively for 12 months question


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Old 09-30-2013, 05:25 AM
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Question Living together consecutively for 12 months question

Hi,
I'm just wondering if anyone is/has been in a similar situation to me can help. I've searched the forum a lot and haven't found a straight answer to my situation. Obviously I know you can't give straight answers as you aren't immigration officers yourselves! But any help we be very much appreciated.

Story goes:
I've been with my (Northern Irish) boyfriend for about 19 months now. We met in Canada and had been in a serious relation for 7 months before I moved in with him for a 1.5 month period. After that 1.5 month period I had to come home to Australia because of commitments to be in my best friend's wedding. So we spent about two and a half months apart then as he finished working in Canada and went back to Ireland to see family and organise a WHV to come to Australia to be with me. As soon as he arrived in Australia we were living together again and have been ever since, and will continue to.

My question is, we would like to apply for a de facto visa before his 12 month WHV expires in a few months. If we wait till we have been living together in Aus at the 11 month mark to be safe do you think we can add the 1.5 months we lived together in Canada to total 12 months living together consecutively, even though we were apart for 2.5 months?

Sorry if I worded that in a confusing way, I tried my best to keep it simple. Basically we want to know if it's ok to include a 2.5 month gap in living together for twelve months, and that gap being only after an initial 6 weeks of living together.

We have lots of evidence of the relationship from the beginning including travelling together etc and living together at the times that we did. We also have evidence of keeping in close contact during that 2.5 month gap.

Thanks for reading! Let me know please if you think we have a good chance or have been in a similar position yourself.

P.S. I would register our relationship to be safe but I live in VIC where we both have to have been here for 12 month before being able to do so, which sucks!

Much appreciated


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Old 09-30-2013, 05:39 AM
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I think,you'll probably be okay. Make sure you provide documentation of how you stayed in touch/supported each other during that time apart.

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Old 09-30-2013, 11:00 AM
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Now I'm freaking out! It doesn't have to be 12 months CONSECUTIVELY, does it?

We'll be living together for 14 months at the time we'll apply (under 12 months consecutively, as I went back home for a month and I'm applying before my current visa ends)

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Old 09-30-2013, 12:36 PM
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Quote:
Originally Posted by Frenchee View Post
Now I'm freaking out! It doesn't have to be 12 months CONSECUTIVELY, does it?

We'll be living together for 14 months at the time we'll apply (under 12 months consecutively, as I went back home for a month and I'm applying before my current visa ends)
Usually yes as it states relationship must be de facto 12 months prior to applying. Some situations might be ok as long as u give good reason


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Old 09-30-2013, 03:35 PM
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Quote:
Originally Posted by Frenchee View Post
Now I'm freaking out! It doesn't have to be 12 months CONSECUTIVELY, does it?

We'll be living together for 14 months at the time we'll apply (under 12 months consecutively, as I went back home for a month and I'm applying before my current visa ends)
It does, Frenchee, BUT if you can evidence that your de facto relationship started BEFORE you went back home and that you stayed in contact and continued to support each other during that period, you should be fine. Then that time you were away will still count towards the 12-month requirement. If you've been de facto for 14 months and you have evidence of that, even if you went home for a month, you should be okay.

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Visa #3: 801 (PR)
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Old 10-01-2013, 08:40 AM
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Ok thanks, here are more details:
- we moved in together the 21st of August 2012 but the first letter I received there is dated in September. His mother (we're living on her property), also says in her declaration that I moved in with my partner at the end of August.

I was in France (and travelling) between the 20th September and 7th November 2012 (7weeks).We were in contact very often through the phone but the main evidence is a few facebook messages (prepaid card and I rang him when he was at a friend's house for a while).
Applying around the 20th of october to be as close as possible as 12 consecutive months.

I am very worried now, our application is almost compltely ready and I never thought we would have any problems as in our mind we moved in together the 21st of August....

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He's Aussie, I'm French, love fell on us, time to get a visa to stay here with him!

Applied for 820 (de facto): 22 OCTOBER 2012
Granted: 3 MAY 2013
Time to prepare stage 2 !

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Old 10-01-2013, 11:06 AM
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Another question,about the evidence that we maintained contact during a time of separation, is it anytime during the whole relationship or only during the defacto relationship?

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He's Aussie, I'm French, love fell on us, time to get a visa to stay here with him!

Applied for 820 (de facto): 22 OCTOBER 2012
Granted: 3 MAY 2013
Time to prepare stage 2 !

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Old 10-01-2013, 11:23 AM
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Probably during the defacto.but the more evidence u supply the better


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Old 10-01-2013, 03:52 PM
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What ozzy said... you only NEED to provide evidence you stayed in touch during periods of separation while you were de facto... but it wouldn't hurt to provide a selection of earlier evidence, either.

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Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 10-01-2013, 06:03 PM
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yeah, I would probably provide evidence of communication specifically, even before you are claiming to have been de facto.

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