De facto visa without living together 12 mths- what chance?

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De facto visa without living together 12 mths- what chance?


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Old 03-19-2010, 11:47 PM
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De facto visa without living together 12 mths- what chance?

Hi,

Great site, have been enjoying reading the threads and gained loads of ideas from others stories, but of course its hard to resist putting my own story down.

I met my Australian girlfriend in July 08, just at the end of her working holiday visa for England. She returned to Australia in Nov 08. During this time she spent about one month, her last month, in my place.

Between Nov 08 and Nov 09, she came her for a holiday and I went there. We had been in touch by email daily, and skype at the weekends.

In Nov she got her working holiday visa for Ireland (my home country) and came over here to London for a couple of months. We lived togehter (I moved into a bigger flat but it is cash in hand so no tenancy agreement) until the end of Feb when she went to live with my parents in Ireland while she applies for work.

The last three weeks have been very hard on us, back to skyping and email, so much closer yet still the distance so the visa question is on our minds once more.

We are wishing to do the de facto visa but we have little or no evidence to support the financial aspects to the relationship, other than her moving from Australia and me moving to a place charging almost twice the rent. I also gave her money towards getting the Irish visa. Because she can't work here in London there is no point in getting a joint English Bank account and I support her when she visits.

With the economic situation in Ireland, I am reluctant to give up a good, well paid job in London to be unemployed, but with her, in Ireland.

In short, we can prove the 21 month relationship via skype/email/text, trips abroad, family statements etc but are seriously lacking in the cohabitation evidence, 1, because we havent been living under one roof for more then 4 months and 2, when we have its been temporary so I pay the expenses.

Can anybody suggest anything? Any one have similar experiences? We spoken to an immigration agent but they have been very negative about our prospects, telling us to get married etc, so we won't be paying them 2300$.

Thanks for reading

Red


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Old 03-20-2010, 02:01 AM
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You are up against not meeting the eligibility criteria redh and will be while you live apart for so long.
If you haven't had a read of the examples in the link on Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100) you should.

The reason why an agent suggests marriage is that it waives the requirement for being together 12 months and you have a background to otherwise show a connection and that will still need to be well presented.

The other tack you can take if it is your intent to move to Australia would be the PMV,
details on Family - Visas & Immigration

If you have a good job in London, have you looked at things in the reverse direction of seeing what partner visa requirements are for your Gf to get a visa for over there if it'll give her working rights or at least might allow her to live with you to meet relationship requirements for getting an Aussie visa later.

The other approach re moving to Oz. would be if you're qualified in a particular area to look at skilled visas to get you there independently.





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Old 09-29-2010, 04:09 PM
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Same situation

Hello. I am in almost the same situation as this. It a very long story of us going back and forth to make it work. I am from Canada and when we plan to apply for the defacto partnership visa, my partner and I will have been together for almost 2 years. We met in Canada last summer at the resort we worked at and lived in staff accomdation in our own house together for 4 months. I moved back to another city across the country for school and he stayed to work. He flew to visit me for 3 weeks, met my family and then I flew back to see him at Christmas and llived with him for 6 weeks. I came to Australia in February for an exchange semester (On a Working holiday visa because it happened to be less expensive than a student visa and I wasn't studying a full course load and also I thought I would be able to fit in the 3 months harvest work to extend) and he followed me back in April and we lived together at his parents house until I left in August. I am unable to to fit in the 3 months to extend my WH visa because I had to fly back for my sisters wedding. Now I am back in Canada attending uni full time and we have been communicating every day via email fB, hand wirtten letters and skype. I am going to go back to Australia at Christmas and we are going to get an apartment until my visa expires in February. We plan to apply for the defacto visa late January. Do we have a chance of getting a partnership visa? Were not ready to marry nor am I really sure I ever want to marry because my parents suffered a very nasty divorce, but we are a genuine couple and are very much in love. Is there another visa I might be able to get without any work experience. Thoughts? Suggestions? It means alot!


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Old 09-29-2010, 05:39 PM
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Unfortunately with all the toing and throing you have obviously have had a romantic relationship going, even if a long distance one at times but I doubt it will measure up to be a defacto relationship.
Have a good read of the eligibility requirements and the CAQ given inder the 12 months relationship requirement link.
Depending on where in Australia you were being based, a relationship registration may have been an option and I suppose still could be if you are going to be in ACT, NSW, Tasmania or Victoria but you will need to be quick about it to get one issyed before your WHV expires.





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Old 09-30-2010, 12:13 AM
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Interesting. We will both be residing in SYdney, NSW. So if we were to register our relationship with the state, what impact would this have on getting a defacto visa granted? I read the site and the info pack but it didn't say anything in regards to that.


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Old 09-30-2010, 01:30 AM
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If you can get a relationship registered, that will make you eligible for a waiver on the 12 months, specified in the 12 months relationship requirements link under Waivers.
But you still need to convince Immi that a relationship exists and there is commitment etc. and have a good read of Booklet #1 for full details.





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