Proving Defacto status

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Proving Defacto status


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Old 06-03-2010, 06:37 AM
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Unhappy Proving Defacto status

Hi i'm new to this forum.

My fiance and me have been together for 8 and a half years. We have a mortgage at home in Ireland for the last 6 years....5 of which we both lived in this residence. In the last year we have travelled to Australia on a working holiday visa and had no major fixed address. We stayed on campsites travelling for 6 months before we stopped in Perth where we rent (although our names are not on the lease.)
Today I was talking to an agent about our migration possibilities and he said that we would have a problem proving our relationship as we had no fixed address for the last 12 months. Is this not ridiculous when we own a house together which we both paid for and are still paying for out of a joint account??? Does anyone have any advice on this matter as our Visa's are due to expire very soon. It is extremely annoying when we have been living together all this time and now the last 12 months might make it a problem.
I am confused????

Macey


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Old 06-06-2010, 02:19 AM
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Quote:
Originally Posted by Macey View Post
Hi i'm new to this forum.

My fiance and me have been together for 8 and a half years. We have a mortgage at home in Ireland for the last 6 years....5 of which we both lived in this residence. In the last year we have travelled to Australia on a working holiday visa and had no major fixed address. We stayed on campsites travelling for 6 months before we stopped in Perth where we rent (although our names are not on the lease.)
Today I was talking to an agent about our migration possibilities and he said that we would have a problem proving our relationship as we had no fixed address for the last 12 months. Is this not ridiculous when we own a house together which we both paid for and are still paying for out of a joint account??? Does anyone have any advice on this matter as our Visa's are due to expire very soon. It is extremely annoying when we have been living together all this time and now the last 12 months might make it a problem.
I am confused????

Macey
Perhaps Macey, the agent could have said you'll need to make more effort to show the relationship existence given your travelling time together and there may still be a problem given that immigration regulations are not too flexible and in most cases quite rigid.

That is because they have to be to engender maximum consistency in dealing with thousands of applications annually and so like all regulations, be it taxation, traffic, local government etc., it becomes unfortunate that there will always be exceptions that do not fit the mould so well.

But that said, just gave myself a quick refresh @ Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801)
You can read examples there, none of which totally fit or even go too close to your situation and perhaps the agent was associating the view of people meeting while travelling and in a casual relationship in making his/her comment.

I'm no agent and so do not give advice but merely point out to people what Immi have available as a DIY guide.
I would have thought that what you have done is decide to take time out from your residence in Ireland and having the history together in Ireland and particularly a mortage together would be pretty strong evidence of a relationship existing as much more than a casual arrangement and there being a strong commitment to oneanother.

You would obviously need to get evidence of your banking details and mortage to include in building your case.
And even without being on the Perth lease, you should also get statements from whomever you are renting with to have this end of the relationship as well as the whole travel planning bit also documented as well as possible.

Having a good read of Booklet#1 is in order and also have a read of elkitten's sticky thread for ideas.

First of all though, I assume one of you is an Aussie!





Last edited by Wanderer; 06-06-2010 at 02:24 AM.

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