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Old 09-10-2010, 05:05 AM
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de-facto

Really hope someone can give me some advice!
I'm from the UK and am currently living in Sydney. I arrived on 20th Jan 2009 I'm on my 2nd year holiday/working visa which expires on Jan 19th 2011.

I met my boyfriend (australian) in March 09 and we moved in together Feb 10th 2010.

My question is - I understand I can't lodge my application for a defacto visa until we've lived together a whole year so what happens between the 19th Jan - Feb 10th?? Do I have to leave the country and come back on a holiday visa? Is there anything I can do as I'm self employed so really need to work? We've been together over a year and a half (and would nearly be 2 years by Jan 2011) so can this be taken into account? I basically really need to work whilst on the bridging visa. Is this possible?

Be grateful for some advice.

Thanks
Rosie


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Old 09-10-2010, 08:46 AM
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You can now in NSW get a relationship registration which you should stand a chance of getting - check with Births Deaths and Marriages for NSW.
Getting that done will waive the 12 months relationship requirement when you apply for a defacto visa but you'll still need to show evidence of a relationship.
Check out all details in the Immi partner visa eligibility section, the application section Checklist and Booklet#1 including all links.
A sticky thread above by elkitten may also help you.
Getting the partner visa application in before your WHV expires will see you get a bridging visa that should give you the same conditions as for your WHV.

If you cannot get registration, some people do take a short trip abroad near end of their WHV and return on an ETA as that will not have a NO Further Stay condition and thus when you get the 12 months up you can then apply.
However, there'll then be no legal working provided on the ETA nor on a bridging visa.





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Old 09-13-2010, 05:37 AM
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I queried the whole having to have been living together for 12 months requirement with a number of agents as the booklet and the website state: "They had been living together or had not been living together separately and apart on a permanent basis." 2 out of 3 said you MUST be living together while 1 person said no!!! i have found this very irritating and confusing as it does not specifically state that anywhere so I had a friend who works for a government dept investigate this for me an he confirmed that you do not have to be living together for the 12 months once you can prove that you were is a DeFacto relationship for a 12 month period. In part 6 of the booklet#1 it says "generally, you should be living with your partner in a spouse or defacto relationship at the time you apply for a visa." it does not state that you HAVE to be.


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Old 09-13-2010, 07:45 AM
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Quote:
Originally Posted by Silentsleeper View Post
I queried the whole having to have been living together for 12 months requirement with a number of agents as the booklet and the website state: "They had been living together or had not been living together separately and apart on a permanent basis." 2 out of 3 said you MUST be living together while 1 person said no!!! i have found this very irritating and confusing as it does not specifically state that anywhere so I had a friend who works for a government dept investigate this for me an he confirmed that you do not have to be living together for the 12 months once you can prove that you were is a DeFacto relationship for a 12 month period. In part 6 of the booklet#1 it says "generally, you should be living with your partner in a spouse or defacto relationship at the time you apply for a visa." it does not state that you HAVE to be.
I would think that if anyone who did not have a 12 months relationship claimed to meet the requirement because there is no clear indication of 12 months together being a " must " requirement they would be on precarious ground.
It is no surprise that there is some variation of wording between various areas of Immi information but whereas the Booklets are a guide, and the Immi site eligibility sections are not the ver batim regulations I would tend to accept the latter.
Start with http://www.immi.gov.au/migrants/part...ty-defacto.htm and read the 12 months requirement link very closely and you'll find phrases like
Quote:
What is the relationship requirement?
Applicants seeking to demonstrate a de facto relationship with their partner must provide evidence that, for the period covering at least the twelve months before the visa application is lodged:
And in particular
•they live together (or do not live separately and apart on a permanent basis).
Living together
Living together is regarded as a common element in most on-going relationships and is one of the criteria prescribed in the Migration Regulations. Partners who are currently not living together may be required to demonstrate a high level of proof that they are not living separately and apart on a permanent basis.
So whilst it is acceptable and normal that some people will spend time apart for various reasons, they need to be strong reasons and not just something I suspect like I could not be in Australia because of visa limitations.
Go on and have a read of the CAQ and you will find significant examples.

I would further suggest that if people want to try and push the boundaries of the envelope that they do so in full knowledge they will risk forfeiting their application fee.





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Old 09-14-2010, 03:30 AM
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de facto

Thank you so much for that advice - it really helped. Would you recommend getting a lawyer to help with the process? I'm pretty organised and have read and researched a fair bit. Wasn't sure if a lawyer would be an advantage or an unnecessary expense?


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Old 09-14-2010, 04:00 AM
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Quote:
Originally Posted by rosie View Post
Thank you so much for that advice - it really helped. Would you recommend getting a lawyer to help with the process? I'm pretty organised and have read and researched a fair bit. Wasn't sure if a lawyer would be an advantage or an unnecessary expense?
Most people who frequent forums Rosie take the DIY approach and some even ask about stuff though they are already using an immigration agent, some perhaps not having the time to go through all the detail.
The fees charged are not cheap and will roughly double the cost of a visa even though you'll still need to collate all the documents and supporting information yourself.
If you are an organised person and do not have a problem understanding information like all that in the eligibility and applying sections where there is a great Checklist and use that in doing an application, you should not have a problem.
A lawyer/agent is not going to change whether you will be eligible or not and in fact posters here have even reported how agents have caused problems for them [ most likely agents overseas ].





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Old 09-14-2010, 08:32 AM
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Last edited by coyle1983; 04-19-2011 at 12:07 PM.

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Old 09-14-2010, 11:06 AM
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Quote:
Originally Posted by coyle1983 View Post
According to my immigration agent, if you can demonstrate a legitimate reason as to why you were unable to be living together for the full 12 months then im pretty sure that waivers it, but again with most things, it's easier said than done
in the context of
Quote:
Partners who are currently not living together may be required to demonstrate a high level of proof that they are not living separately and apart on a permanent basis.
If anyone was going to accept the advice of an agent advising that, it might be prudent to request what they see as a legitimate reason!





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Old 09-17-2010, 05:08 AM
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Quote:
Originally Posted by Wanderer View Post
You can now in NSW get a relationship registration which you should stand a chance of getting - check with Births Deaths and Marriages for NSW.
Getting that done will waive the 12 months relationship requirement when you apply for a defacto visa but you'll still need to show evidence of a relationship.
Check out all details in the Immi partner visa eligibility section, the application section Checklist and Booklet#1 including all links.
A sticky thread above by elkitten may also help you.
Getting the partner visa application in before your WHV expires will see you get a bridging visa that should give you the same conditions as for your WHV.

If you cannot get registration, some people do take a short trip abroad near end of their WHV and return on an ETA as that will not have a NO Further Stay condition and thus when you get the 12 months up you can then apply.
However, there'll then be no legal working provided on the ETA nor on a bridging visa.
Hi Wanderer,

So, is it official that the NSW register will waive the 12 month relationship requirement for defacto couples? Where did you find the information? It would help my situation immensely!

Thanks, Emma


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Old 09-17-2010, 07:15 AM
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Quote:
Originally Posted by pommyemma View Post
Hi Wanderer,

So, is it official that the NSW register will waive the 12 month relationship requirement for defacto couples? Where did you find the information? It would help my situation immensely!

Thanks, Emma
It has been a little bit indirect the way it has occurred Emma and whereas on NSW Registry of Births Deaths & Marriages it indicates that negotiations with the commonwealth were occurring, about a month or so back another of the forum members who had been sweating on the DIAC acceptance for NSW to occur did post that it had happened.
I checked the Immi site at the time and whereas on Australian Immigration Fact Sheet 35. One-Year Relationship Requirement the reference in the waiver section had previously mentioned specifically the ACT, Tasmania and Victoria that was changed to as it is now
Quote:
•at the time of application of the partner visa, the de facto relationship was registered as a prescribed relationship in the relevant Australian state or territory legislation
which is a tidier way for DIAC to cover any state/territory that legislates for partnerships.

I've suggested to NSW that they update their own reference and if you want to check in person, you could ring Immi but it would seem pretty sure that any registrations under state legislation is now being accepted.





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