De facto 12 month living requirement - How strict are they?? Any advice appreciated!

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De facto 12 month living requirement - How strict are they?? Any advice appreciated!

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Old 02-25-2010, 12:56 PM
Ems Ems is offline
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De facto 12 month living requirement - How strict are they?? Any advice appreciated!

Hey guys,

I'm quite new to this forum, and have found the info invaluable so far, so thanks! I'm really hoping that someone who has been in a similar situation to us will be able to provide some advice.

I'm Australian, and my partner is from Brazil. We are about to apply for our Partners visa - offshore (in Brasilia), where my partner is currently living. We met each other in Dublin, and will have been in a defacto relationship for the last 12 months when we apply. The thing is, we will have only been living together for 9 months. I left Dublin in December 09 as my grandma was ill. My partner stayed in Dublin (he is not eligible for a WHV for aus) and obviously needed to keep working. My grandma later passed away in January this year.

My partner and I have been in constant contact with each other since being apart, and are very much in lurve. We are confident that we have enough evidence to satisfy the other criteria - its just I don't know how they will look at our situation re 12 month living together requirement. Does anyone have any advice or suggestions, and do you think that our situation would be 'compelling/compassionate reason' for not meeting 12 month living requirement?

Thanks for any ideas/advice.

Cheers!! Em

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Old 02-25-2010, 02:29 PM
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Sorry to hear of your loss Ems, never a good time so hope you fare well.

If you have a look at the CAQ examples under the 12 months relationship link in the eligibility section Ems, you'll see that they have an example of being apart and so if you have statements/certificates to show why in your case, you ought to hopefully get some consideration.

Are you now over in Brazil or is your partner? and if you're not it will not hurt to raise it with DIAC, probably face to face with an officer in one of their offices to see if they'll give you an indication.
They'll not really ever give you too much and certainly will not be a yes or no and if the application is going to be put in abroad as you say, someone else is going to be looking at it but at least some idea may be gained.

Best wishes with the application.

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