travelers in love-defacto? please help

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travelers in love-defacto? please help


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Old 02-12-2010, 08:59 AM
ang ang is offline
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travelers in love-defacto? please help

hi all, my partner and i still have a ways to go before we can apply for defacto visa but we'd like to know if we stand a chance in the future, and what we can do to increase our chances...i've been reading up on it alot (immi website etc.) but would really like to hear from people who have been through it.

the main concerns are this:

-we've known each other 7 months, 5 of which we lived together in australia. we don't have much proof of this though. for one month we traveled. for 2 months we stayed with her mum, then 2 months in a sharehouse but neither of our names were on the lease. i was on a working holiday visa so we made plans that i'd get a WHV for new zealand when the australia one expired. i just got to NZ last week and my partner will join me in 2 months. we are going to open a joint bank account when she gets here, but our plans are to travel around on the harvest trail together. we'll be camping out and staying with friends mostly so if we get letters from friends/keep receipts and things, is this enough evidence to qualify as 'living together in a genuine and stable relationship"? our basic plan is to travel around together(first in NZ, then the americas) until we've met the 12 month requirement, then we'd like to return to australia together asap and apply for a defacto visa.

any advice on how travelers can meet requirements for defacto visa (or if it's even possible) would be hugely appreciated.

i'll try to break down the rest of my questions the best i can:

1) immigration states you need to have been living together in a genuine stable DEFACTO relationship for the previous 12 months. thing is we've been living (traveling) together basically from the day we met, and we pretty much knew we wanted to be together in a long term relationship from the beginning, but i'm concerned about applying for the visa when we've only KNOWN each other for 12 months. do we need to wait longer or can we state we've been defacto from the start? trouble is if we wait longer we'll likely have to spend a period of at least a few months apart which would mean we've no longer been together the PREVIOUS 12 months.

2) due to our traveling lifestyle, both of our job histories are very spotty and unimpressive and neither of us have steady incomes or copious amounts of savings. we are poor. my partner claims centrelink benefits (until she leaves australia of course) so i'm very concerned about getting rejected on the grounds that she may not be in a position to support me financially. even though if granted i'd be finding a job straight away anyways. i anticipate we'll be asked for AoS, so as long as we can get that sorted will we be okay regardless of how poor we are, or if she's claiming centrelink up to the day we apply? also i want to confirm: as my sponsor my partner will no longer be able to claim benefits right?

3) is it true that, if the visa is granted my partner will not be allowed to leave australia for 3 YEARS???? not even on a brief holiday? what happens if she does? does this cancel the visa?

4) we are same sex. i'm sure law states it's not discriminatory but any personal experience of same sex defacto visa apps? i'd love to hear.

sorry to be so long-winded. i have a billion questions floating around and desperate to decrease the anxiety of the situation. thanks in advance for any advice/information you can give. cheers


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Old 02-13-2010, 01:56 AM
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Originally Posted by ang View Post
hi all, my partner and i still have a ways to go before we can apply for defacto visa but we'd like to know if we stand a chance in the future, and what we can do to increase our chances...i've been reading up on it alot (immi website etc.) but would really like to hear from people who have been through it.

the main concerns are this:

-we've known each other 7 months, 5 of which we lived together in australia. we don't have much proof of this though. for one month we traveled. for 2 months we stayed with her mum, then 2 months in a sharehouse but neither of our names were on the lease. i was on a working holiday visa so we made plans that i'd get a WHV for new zealand when the australia one expired. i just got to NZ last week and my partner will join me in 2 months. we are going to open a joint bank account when she gets here, but our plans are to travel around on the harvest trail together. we'll be camping out and staying with friends mostly so if we get letters from friends/keep receipts and things, is this enough evidence to qualify as 'living together in a genuine and stable relationship"? our basic plan is to travel around together(first in NZ, then the americas) until we've met the 12 month requirement, then we'd like to return to australia together asap and apply for a defacto visa.

any advice on how travelers can meet requirements for defacto visa (or if it's even possible) would be hugely appreciated.

i'll try to break down the rest of my questions the best i can:

1) immigration states you need to have been living together in a genuine stable DEFACTO relationship for the previous 12 months. thing is we've been living (traveling) together basically from the day we met, and we pretty much knew we wanted to be together in a long term relationship from the beginning, but i'm concerned about applying for the visa when we've only KNOWN each other for 12 months. do we need to wait longer or can we state we've been defacto from the start? trouble is if we wait longer we'll likely have to spend a period of at least a few months apart which would mean we've no longer been together the PREVIOUS 12 months.

2) due to our traveling lifestyle, both of our job histories are very spotty and unimpressive and neither of us have steady incomes or copious amounts of savings. we are poor. my partner claims centrelink benefits (until she leaves australia of course) so i'm very concerned about getting rejected on the grounds that she may not be in a position to support me financially. even though if granted i'd be finding a job straight away anyways. i anticipate we'll be asked for AoS, so as long as we can get that sorted will we be okay regardless of how poor we are, or if she's claiming centrelink up to the day we apply? also i want to confirm: as my sponsor my partner will no longer be able to claim benefits right?

3) is it true that, if the visa is granted my partner will not be allowed to leave australia for 3 YEARS???? not even on a brief holiday? what happens if she does? does this cancel the visa?

4) we are same sex. i'm sure law states it's not discriminatory but any personal experience of same sex defacto visa apps? i'd love to hear.

sorry to be so long-winded. i have a billion questions floating around and desperate to decrease the anxiety of the situation. thanks in advance for any advice/information you can give. cheers
By the sounds of things ang you may have already the CAQ on http://www.immi.gov.au/media/fact-sh...lationship.htm and you'll see from there an indication of what is required in respect to travelling.

The preceding page also has a reference which says temporary separations do not exclude a couple claiming a relationship.
The forum has a number of posts about travellers of one sort or another and have a look at the Sticky by elkitten and also posts by Loved Up and perhaps even eford I think it was who was more travelling orientated.

Common to all their efforst is getting documentation in order and even without or before having a joint bank account, search individual accounts and highlight expenses re a relationship.

I'd have the mum do a separate statement re you being together with her and then if you can contact the people in the shared house, all the better.
If you have been keeping journals all the better or even while life is still fresh in your minds, get something documented with reasonable entries, continuing as you travel and then that can serve as a basis for knocking up a chronological statement of time together.
[ Might even be able to earn some money from a book - some good stories come out of travellers journals, Kinga- FreeSpirit a great story of travel around the globe by many means and all on the cheap.]

So even if you're camping out, document that and if a fee is paid somewhere get something like a receipt or even a persons name signature and dat in a journal - WWOOF - World Wide Opportunities on Organic Farms and Help Exchange work for accommodation and food in Australia New Zealand Canada Europe not wwoof are both prominent in NZ as an alternative to camping too.

You may need an AoS when time comes so if it is possible to line someone up ahead of time, all the better.

I've heard nothing of anybody not being allowed to leave for three years and perhaps someone has got confused with citizenship requirements.

There is also a possibility that you might want to apply from overseas [ NZ for instance if you will be there for a while after you have a good 12 months up ] for with good documentation overseas applications can be approved quicker as they do not probably suffer from reallocation of COs so much and that kind of stuff.
And I've read of visas in NZ being granted within days and re cost, for overseas partner applications it is about $800 cheaper.

Same sex partners have no discrimination under immigration regulations and in fact it is largely not to be discrimatory against defacto partners in general that the ACT, Victoria and Tasmania already have relationships registration provision and with that the 12 months relationship requirement of immigration as with married couples is waived.

There still is a requirement however to support that you do have a relationship, even if it has been for several years or more.
Read Immi Booklet #1 for more detail.

Happy Travelling.





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