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Defacto Advice


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Old 01-30-2010, 01:31 PM
 
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Defacto Advice

Hi all, my girlfriend and I are currently filling out the application forms for Subclass 309.

Our history is:
- Met in Australia and began living together in Oct 2007
- Lived together for 1 year 3 months
- Girlfriend left for Jakarta in Jan 2009 but has stayed ever since due to overstaying her 3 months visa by one day
- We have been emailing, calling each other since Jan 2009 and I have visited twice
- So far we have been together for 2.5 years

My question is... Can we still apply for defacto considering we have not been living together 12 months prior to submitting the application form??

I have lots of other questions but will ask these later, I am really finding filling out these applications extremely tiring, especially since my girlfriend is over see now. Anyone else feel it was too big at times??

Thanks heaps in advance.


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Old 01-31-2010, 12:05 AM
Chris McGrath's Avatar
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I take it that your GF is the one who needs the visa? If so yes she can aply being sponsored by you. You will have to strongly support a claim that the relationship is a continuing one as she lives overseas. So show your emails and details of your visits to her etc. Can you get supporting statements form Australians attesting to their knowledge of your living together also.

Cheers

Christopher McGrath
McGrath Migration Lawyers


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Old 01-31-2010, 05:01 AM
 
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Originally Posted by Chris McGrath View Post
I take it that your GF is the one who needs the visa? If so yes she can aply being sponsored by you. You will have to strongly support a claim that the relationship is a continuing one as she lives overseas. So show your emails and details of your visits to her etc. Can you get supporting statements form Australians attesting to their knowledge of your living together also.

Cheers

Christopher McGrath
McGrath Migration Lawyers

Thanks for the quick reply. We have lots of emails and I have visited her twice in the last year and took photos. The statements our friends wrote we were living together during her stay in Australia.

One more question, with the proof of say joint gym membership, how many bills would be recommended to show them??

Same with the emails, how many is a good amount??

Also im going to order bank statements for the past 2 years, it is going to cost me $4 per month, is there some other way they have to legally provide them for free?

Thank you very much in advance.


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Old 01-31-2010, 05:51 AM
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Quote:
Originally Posted by SteveSteve View Post
Thanks for the quick reply. We have lots of emails and I have visited her twice in the last year and took photos. The statements our friends wrote we were living together during her stay in Australia.

One more question, with the proof of say joint gym membership, how many bills would be recommended to show them??

Same with the emails, how many is a good amount??

Also im going to order bank statements for the past 2 years, it is going to cost me $4 per month, is there some other way they have to legally provide them for free?

Thank you very much in advance.
For a defacto relationship you must show evidence of a 12 months relationship, not just boy/girlfriend relationship. More is better. Re the bank statements, Westpac allow you to get statements on line for the last 7 years. So if you are with that bank, no problem, not sure about the others. No one can tell you when you have sufficiant documents, but in your case, because of the seperation, the more the better. Your friends statements need to be statutory declarations. You can use form 888 for that purpose and make sure your friends provide documents to shoe they are Australians.

Best regards,


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Old 01-31-2010, 01:27 PM
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Despite Chris's sense of optimism for your Gf making an application for the partner 309 visa Steve, my view and admittedly not that of an agent or a migration lawyer is that you're well short of the requirements for her to get one granted.

Have a good read of the eligibility section of the visa, including the links on 12 month relationship and Commonly asked questions there.
Booklet #1 is also a good read.

I would think about the only partner type Visa that she may be able to get would be the Proposed Marriage 300.





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Old 02-01-2010, 06:13 AM
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Hey Steve,

I understand what you mean about the application process being too big. My partner and I haven't started ours yet, but I know it's going to be a loooong and stressful process. But, you just gotta hang in there and treat it like a work project by ticking off small tasks one by one.

About the number of e-mails and bills to include, I guess it depends on what exactly you want to show or prove. I don't think that you need to show them every single bill, but maybe if you show ones with a lot of regular payments, especially if they were to joint acccoutns or for joint activites, that's better than a whole heap with just a few entries. With e-mails, I've read on this froum that some have used shots of e-mail boxes and Facebook pages as a way around a pile of printed e-mails.

If you still need guidance, look for posts by elkitten, as she had a very hard time getting her appliction together, but got it in the end and taught us a lot from her excperience.

And about the bank statements, I don't know which bank you are with, but if you apply for internet banking you can access a back catalogue of past statements up to 5 to 7 years previoulsy for free. You can search and print to your heart's content. I'm with Commonwealth, but I'm sure all the other Aussie banks offer the same services.

Hope this is useful


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Old 02-01-2010, 08:24 AM
 
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Originally Posted by aussiegirl View Post
Hey Steve,

I understand what you mean about the application process being too big. My partner and I haven't started ours yet, but I know it's going to be a loooong and stressful process. But, you just gotta hang in there and treat it like a work project by ticking off small tasks one by one.

About the number of e-mails and bills to include, I guess it depends on what exactly you want to show or prove. I don't think that you need to show them every single bill, but maybe if you show ones with a lot of regular payments, especially if they were to joint acccoutns or for joint activites, that's better than a whole heap with just a few entries. With e-mails, I've read on this froum that some have used shots of e-mail boxes and Facebook pages as a way around a pile of printed e-mails.

If you still need guidance, look for posts by elkitten, as she had a very hard time getting her appliction together, but got it in the end and taught us a lot from her excperience.

And about the bank statements, I don't know which bank you are with, but if you apply for internet banking you can access a back catalogue of past statements up to 5 to 7 years previoulsy for free. You can search and print to your heart's content. I'm with Commonwealth, but I'm sure all the other Aussie banks offer the same services.

Hope this is useful

Thanks, yeah that's what I did with the emails, took screenshots then added about 4 samples from each year.

With the bank statements I just spent $88 ordering print outs! St George internet banking on goes back 3 months, I called up and she said they cant provide the statements in electronic format....stupid, might call up and try to bargain.

With this process I think the hardest part is not knowing exactly what to do, if I re did everything I have done so far it would probably on take a week.

Thanks for your advice, you will see alot more of me around here


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Old 02-01-2010, 08:26 AM
 
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Also dose anyone know with the Subclass 309 visa, do I submit the application in Australia or Indonesia, my GF will be offshore at the time.


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Old 02-01-2010, 08:53 AM
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Quote:
Originally Posted by SteveSteve View Post
Also dose anyone know with the Subclass 309 visa, do I submit the application in Australia or Indonesia, my GF will be offshore at the time.
Lodged overseas.

Regards

Chris McGrath
Migration Lawyer


Last edited by Chris McGrath; 02-01-2010 at 09:01 AM.

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Old 02-01-2010, 10:18 AM
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Quote:
Originally Posted by SteveSteve View Post
Also dose anyone know with the Subclass 309 visa, do I submit the application in Australia or Indonesia, my GF will be offshore at the time.
As Chris indicates, if someone is overseas it is an offshore visa and you just need to keep remembering that you're the sponsor and she is the applicant.
You can help her all you like but she has to sign the application.
One benefit of it being applied for overseas is that the fee is about $800 less than an onshore application.





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