Proof of living together for 12 months

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Proof of living together for 12 months


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Old 11-12-2013, 05:52 AM
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Proof of living together for 12 months

Hi everyone - i'm panicking slightly about how to prove that my partner and I have lived together for 12 months (when we actually have lived together for more like 16 months).

Our living situation has been as follows:

- We lived with my parents in the UK Sept - Dec 2012.
I have my partners flights as evidence for this and also sporadic post addressed to him at this address- but not for every month he was there. I also have evidence of him being insured on my car registered to this address for every month he was there. I can also prove that I paid for his gym membership during this time due to him not being able to work.

- He returned to Australia on 27th December 2012 and I flew our 29th Jan 2013 due to work commitments (I have explained this in the relationship statement).
We then lived with his parents for 1 month until we signed a lease on our flat (I can show postal evidence for this time period showing we were at the same address so not worried about this time period)

- We then signed a lease and have lived at the same address since March 2013. Is the lease enough evidence to show that we live together? I also have post going to each of us at this address for nearly all months (but not all)

As we have lived together for over 12 months do we have to do a relationship registration or is this just for couples who do not meet the 12 month requirement?

Should the proof of living together for 12 months be a completely different section in my application or do I just mention it in my relationship statement and then let the bank statements, insurance statements etc speak for themselves?

Any advice on this would be great.

Thanks guys. Sorry I know im bombarding the board a bit today I just have to get quite a lot done in the next couple of weeks


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Old 11-12-2013, 07:00 AM
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Quote:
Originally Posted by lois View Post
Hi everyone - i'm panicking slightly about how to prove that my partner and I have lived together for 12 months (when we actually have lived together for more like 16 months).

Our living situation has been as follows:

- We lived with my parents in the UK Sept - Dec 2012.
I have my partners flights as evidence for this and also sporadic post addressed to him at this address- but not for every month he was there. I also have evidence of him being insured on my car registered to this address for every month he was there. I can also prove that I paid for his gym membership during this time due to him not being able to work.

- He returned to Australia on 27th December 2012 and I flew our 29th Jan 2013 due to work commitments (I have explained this in the relationship statement).
We then lived with his parents for 1 month until we signed a lease on our flat (I can show postal evidence for this time period showing we were at the same address so not worried about this time period)

- We then signed a lease and have lived at the same address since March 2013. Is the lease enough evidence to show that we live together? I also have post going to each of us at this address for nearly all months (but not all)

As we have lived together for over 12 months do we have to do a relationship registration or is this just for couples who do not meet the 12 month requirement?

Should the proof of living together for 12 months be a completely different section in my application or do I just mention it in my relationship statement and then let the bank statements, insurance statements etc speak for themselves?

Any advice on this would be great.

Thanks guys. Sorry I know im bombarding the board a bit today I just have to get quite a lot done in the next couple of weeks
The onus of proof is on you guys. Therefore the more you do the easier it will be for a case officer to make the right decision in your case. You may not have a problem but if you do then you will have to fight it later, relationship registration just shows a CO that you are certainly serious. This all assumes that where you are that you can register your relationship, if you are in NSW then it shouldn't be a problem. My husband and I were married before we applied but we still submitted over 7 lbs of documentation and evidence to support our application.

With your case you should get statements from all the family and friends who were aware of your living arrangements and explain to the case officer why you were apart for the times that you were.

Kttykat




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Old 11-13-2013, 03:29 AM
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Quote:
Originally Posted by kttykat View Post
The onus of proof is on you guys. Therefore the more you do the easier it will be for a case officer to make the right decision in your case. You may not have a problem but if you do then you will have to fight it later, relationship registration just shows a CO that you are certainly serious. This all assumes that where you are that you can register your relationship, if you are in NSW then it shouldn't be a problem. My husband and I were married before we applied but we still submitted over 7 lbs of documentation and evidence to support our application.

With your case you should get statements from all the family and friends who were aware of your living arrangements and explain to the case officer why you were apart for the times that you were.

Kttykat
Thanks Kttykat.

We have a lot of evidence to prove that we lived together at all the addresses, especially since we have been in Australia (living with his parents & then the lease on our flat since March).

The time period that I am slightly worried about is living together in the UK, however I've got my mum and dad to both make statements that we lived at that address and I do have mail to both of us at this address as well as the car insurance and a letter from my Dad inviting my bf to live with us from Sept-Dec 2012, which was sent in July. I really hope that this will be enough!

Has anybody else lived with their parents and not been on a lease and have any advice?


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Old 11-13-2013, 06:24 AM
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Originally Posted by lois View Post
Has anybody else lived with their parents and not been on a lease and have any advice?
You're on the right track. Letters addressed to you both at that address and a signed letter from your parents. The letter should include the dates you lived there, how much you contributed financially as a couple, how you contribute to the upkeep as a couple (chores, DIY etc), how many bedrooms the property has and who else lives there.

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Old 11-20-2013, 12:35 AM
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Hi guys. Will the month spent apart in Jan 2013 be a problem if I explain why we were apart? (financial/work commitments)


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Old 11-20-2013, 12:43 AM
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I've just had a look and Fact Sheet 35 says:

When a person applies for a partner visa and are not married to each other, they must be able to provide evidence that for at least 12 months prior to making the application:

they had a mutual commitment to a shared life to the exclusion of all others
the relationship between them was genuine and continuing
they had been living together or had not been living separately and apart on a permanent basis

The last point makes me think that this time apart will not matter? Is this correct? As we were apart due to Ryan's money running out so he couldnt stay in the UK on a tourist visa, and I flew out to Aus as soon as my work notice period would allow me? To show that we still had an ongoing relationship in this period & to prove why we had to be apart a month I have

- Whatsapp conversation logs
- Phone call logs showing us talking
- A letter from my old work detailing when I handed my notice in and when I had to finish work

Will this be ok? Panicking slightly


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Old 11-20-2013, 01:19 AM
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Quote:
Originally Posted by lois View Post
...they had been living together or had not been living separately and apart on a permanent basis
Sounds like you were living apart only temporarily, for understandable reasons, so no, I don't think that would be seen as "living apart on a permanent basis". Though I think it would still come down to the discretion of the CO.

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Old 11-20-2013, 02:36 AM
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Quote:
Originally Posted by Adam Grey View Post
You're on the right track. Letters addressed to you both at that address and a signed letter from your parents. The letter should include the dates you lived there, how much you contributed financially as a couple, how you contribute to the upkeep as a couple (chores, DIY etc), how many bedrooms the property has and who else lives there.

Hi Adam,

Would the below statement from my parents be detailed enough to prove that we lived at the property with my parents or do they have to be more specific?



We, XXXXX & XXXXX (parents of the Applicant, XXXXX– certified copies of both our passports are included in this application) make the following declaration regarding XXXXXand her de facto partner XXXXX (the Sponsor) under the Statutory Declarations act 1959:

Our daughter XXXXX and her de facto partner XXXXX lived at our 4 bedroom family home (address:XXXXX) from 9th September 2012 to 28th December 2012 (a total period of 16 weeks and 5 days – or 4 months).

At the time when XXXX & XXXX lived together at our property, we were the only other people living at the property. The couple had their own space in the house, as it is a large 12 room house. They had their own large double bedroom and use of their own en-suite bathroom. They also had full use of the kitchen and laundry facilities, as well as another bedroom used for storage of belongings.

The couple mostly cooked and ate separately from us, they ate at restaurants around twice a week and the rest of the time cooked meals on their own, XXXX was usually the chef and XXXX cleaned up. We had about 2 meals at the house together throughout the week; one of these was usually cooked by XXXX & XXXX .

They contributed towards groceries and household bills over the time period that they lived with us – usually around £100 every two weeks. We did not ask them for rent due to knowing that they had to save for their impending move to Australia in January 2013.

XXXX and XXXX were very helpful with household chores for example cleaning and tidying the house, and divided up chores successfully between them so that it was fair for them both. XXXX would take XXXX to the train station for work in the morning and then have use of her car during the day. Due to XXXX not being able to work on his tourist visa, he helped out with XXXX's business by doing unpaid tasks for example delivering parcels and answering the telephone when he did not have plans in the day.

If you have any questions regarding the time that XXXX & XXXX lived together at our house, or anything about their relationship, please do not hesitate to contact us on one of the below methods.

Contact details for both mum & dad



Thanks


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Old 11-20-2013, 02:38 AM
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The stat dec from my parents sounded similar to that and we lived with them the last couple of months before applying for our de-facto visa (which was approved)

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Old 11-20-2013, 02:41 AM
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If the month apart was in the middle of the time you'd been living together, there was a good reason, and you can evidence staying in touch during that time, it's not a problem.

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