Defacto Visa Advice Needed ASAP

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Defacto Visa Advice Needed ASAP


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Old 06-26-2010, 02:24 AM
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Defacto Visa Advice Needed ASAP

Hi All,

I've read through a few of the threads and found them both helpful and informative.

I'm now seeking advice going forward with my own application. My partner
( An Australian National) and I have been together for just over eighteen months, relocating from London to Melbourne this March, I'm here on a working holiday visa and actively seeking a migration lawyer/ specialist.

This said I'm quite anxious that we don't have enough supporting documentation, As I've read through the Immi criteria and requirements for proving you've lived together for at least twelve months and find the description to be vague at best. Though we are in an on going and committed relationship,we've only actually lived together for the last six months, so we have a limited amount bank statements and bills in both our names. Will this hinder the process??

We have shared purchases, holiday snaps, stamps in our passports from holidays, friends statements etc....I really want to sure things up and choose the most cost and time effective avenue before submitting an application.

If any one could offer advice or point me in the right direction I'd be really, really grateful.

My thanks in advance,

Crayola


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Old 06-26-2010, 03:24 AM
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Hi caryola,

In my understanding, the 12 months living together means that you were in the same household (whether it be share accommodation or whatever) for the whole 12 months prior to application. You said you have only been physically under the same roof for about 6 months, so I would say you don't have enough time together to meet that particular criteria.

Especially if you're going to do this by yourselves, which you totally can, I would wait until you have lived together for another 6 months, and make efforts to create more 'joint' finances. The 12 months can be waived if you have registered the de facto relaitonship, though there are only a few states that actually allow this, and possibly VIC is one of them, so look into it.

I would also suggest reading elkitten's sticky at the top of the forum. She and her parnter got their de facto visa although they didn't have 'neat' documents to match the criteria, but they used mainly bank statements and stat. decs to show jount finances.

If you have any more quesitons, please let us know.


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Old 06-26-2010, 04:19 AM
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As Aussiegirl says, you really need to get the 12 months together or a waiver by relationship registration and that can be done in Victoria.
The One Year Relationship Requirement is quite clearly indicated on the link @ Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801) and though there is one example of the total time not being together, I'd consider that as something of an exception.

Save yourself an agents fee and get your eligibility addressed is best way forward.
Another poster has also recently posted a response he got from Vic. Births, Deaths and Marriages registry re the relationship registration and it would seem that is no certainty, a period of 12 months together being mentioned to him to get registered but then you may get a different result if you were able to just submit the appropriate documents and not ask the question as he did.

If you are young enough to get the second WHV by doing some regional work or WWOOF Australia that would also be a way of getting in excess of 12 months together rather than be relying on the relationship registration or being borderline with an application submitted right near end of a first WHV.
Alternately, if you have a particular skill/occupation and found you could get employer sponsorship, that's another route.

Holiday snaps and that kind of stuff is fine as ancilliary evidence but concentrating on solid residing together evidence, a lease for instance and the bills you're accruing is going to carry more weight.
Booklet #1 if you've not read it outlines a range of evidence, not that you need multiples of every single thing mentioned but the more you have covered, the better an application will likely be considered.





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