De Facto Visa - 12 months living together 'waiver'

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De Facto Visa - 12 months living together 'waiver'

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Old 10-13-2010, 03:31 AM
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De Facto Visa - 12 months living together 'waiver'

Hi all,

Hope someone can shed some light on a fairly specific situation.

I am from London, my girlfriend is from Adelaide. We've been together for close to four years now, the first 2 of those years living in the same house in London (with two other people, so it may look like a sharehouse rather than co-habiting), and the last 2 living in Adelaide, but in separate households. Our relationship is lasting and genuine, and we feel we have enough evidence to show that (some joint travel, bills, lease etc from 3/4 years ago) but we are concerned about the 12 months living together rule - obviously, that hasn't been happening in the last two years.

When I first came over to Australia in March 2009 (on a working holiday visa, now on my second), the intention was to get into a place together, but soon after that my girlfriends father was diagnosed with cancer. She then had more duties at home, caring for him during his recovery, driving to appointments, liaising with doctors (often translating for her parents, they are a Vietnamese family, Aussie citizens). So her commitment and focus, both emotionally and to an extent financially was focused on her parents during that time. She felt duty bound to stay close to her parents to help them through this difficult time. I lived in rented accommodation nearby.

Now her father has got the all clear and we are taking steps to purchase property together. We have quotes from loan providers, and will soon have a joint bank account with evidence of substantial contributions from both of us towards a deposit. This is all happening quite fast and there is a very good possibility we will be joint home owners in the next couple of months.

My questions are

1) Will immigration see the circumstances as "compassionate and compelling" enough to waive the 12 month co-habiting requirement? Does anyone have any experience in activating this rule?

2) Will the property purchase, whether in a complete or pending state, help our application? It is, after all, a demonstration of a financial commitment together.

Hope to hear some wise words!


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Old 10-13-2010, 06:51 AM
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The Vietnamese families do stick close and support oneanother a bit like many if not most Asians and some Europeans and your girlfriend would seem to be no exception in regard to that.
That and time together in the UK would no doubt help to show support of the relationship but unfortunately Immi regulations are very much set by legislation and so Case Officers only have so much flexibility when it comes to application of the regulations and it is likely you could be advised that way by Immi if you try and get some meaningful advice.
I say try and meaningful for the front office people can only really advise re process generalities and what the regulations are and even mor senior people can not do much more for the simple reason that each visa application has to be measured against the regulations when the application is made.

I would think that even a CO is not going to depart from what the regulations are.

If you are sufficiently committed to be purchasing property and have known oneanother for over three years now, perhaps popping the question will be a much more positive approach.
On that note, do your potential loan providers know that you are not a permanent resident?

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