de facto without the 12 months of living together

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de facto without the 12 months of living together


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Old 04-03-2014, 03:10 AM
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de facto without the 12 months of living together

Hi people,

I just joined this forum, hoping to understand the Aussie visa jungle a bit better.

My situation in brief:
Swedish citizen living in Sydney. Been here almost eight months. Aussie fiance is pregnant and we're having our son in July. I am currently on a working holiday visa, subclass 417. It expires in August.

I want to apply for a permanent partner visa, and I can't seem to get my head around it. Hoping you guys can help.

My first question, that will determine my next, is:
I keep reading on forums and everywhere that 12 months of living together is required to get a partner visa. However I can't find this anywhere on the immi site. Quite the opposite actually, the de facto definition says:

For the purposes of a Partner visa application, a person is in a de*facto relationship with another person if:
- they are not in a married relationship (for the purposes of the Migration Act*1958) with each other;
- they are not related by family;
- they both must be aged at least 18 years at the time the application is made;
- they have a mutual commitment to a shared life to the exclusion of all others;
- the relationship between them is genuine and continuing;
- they live together or do not live separately and apart on a permanent basis; and
- the relationship has continued for the period of 12 months immediately preceding the date of application.

The only way I can interpret this is as long as the relationship is older than 12 months, and you're living together NOW - you're in the clear. Can someone please confirm this or shoot me down?

And if I do need the 12 months of living together - will the little bundle of joy change this in any way?

Thanks,
Kris


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Old 04-03-2014, 03:14 AM
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First of all congratulations!! Now as to your question...Unfortunately not. The defacto relationship must have existed for 12 months before the application and co-habitation is one of the criteria you must satisfy to qualify. The period of "dating" before you combine households will not count.
As for the little one. I believe this only helps your case after the baby is born. While bub is still baking it doesn't give you any advantage other than proof of the "nature of your commitment" to one another

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Old 04-03-2014, 03:15 AM
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Here, under "who can apply"

https://www.immi.gov.au/Visas/Pages/801-820.aspx

It states "your de facto relationship must have existed for at least 12 months prior"

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Old 04-03-2014, 03:24 AM
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Congratulations!

According to the "who could get this visa" section under the "visa applicants" tab on the immi page concerning 820/801 visas;

"Usually your de facto relationship must have existed for at least 12 months immediately before you apply for this visa. Time spent dating does not count towards a de facto relationship.

You can be granted a visa without having been in a de facto relationship for 12 months if:

you can demonstrate compelling and compassionate circumstances, such as having dependent children"

I believe that answers both parts of your question: firstly, you have to have been living together for 12 months (time not spent living together is considered time spent dating as opposed to time spent in a de facto relationship); secondly, if you have a dependent child, that may be considered compelling evidence to waive the 12 month requirement on grounds of compassion.

My suggestion would be, lodge your application after the birth of the child, since you are already able to remain lawfully in Australia until after the birth.


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Old 04-03-2014, 04:54 AM
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Thank you - these are happy times indeed!

And thank you for your advice - I think I get it more now. I also just got off the phone with immi.

The agent on the phone suggested getting a registered relationship certificate, then lodging the partner visa application immediately, so that the bridging visa will be waiting for me when the current one expires.

Any objections to this idea? I thought the registered partnership thing was pretty clever - and it bypasses the 12 month thing so I can lodge it earlier.


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Old 04-03-2014, 05:07 AM
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That seems like a reasonable solution, and generally speaking, given how long it can take for the application to be processed, the sooner it is lodged the better really.

On a side note, I definitely think it's worth getting your relationship registered if you intend to apply for an 820/801, whether or not you meet the 12 months co-habitation requirement. It's another (official) document in support of your case.


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Old 04-03-2014, 05:11 AM
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Relationship registration is very commonly done. That is definitely an option for you - NSW is by far the easiest state in which to register. If registration weren't an option, then yes - you could just wait until the baby was born to apply and that would waive the 12-month requirement. But since you CAN register - better to do it now, as long as you have the evidence you need, so you can get the whole process in motion ASAP.

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Old 04-04-2014, 02:51 AM
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Quick question relating to the registering of a relationship...

my fiancÚ and i have been together for just over 2 years and living together for 1 1/2years of that. We have not yet registered out relationship but it seems to be what everyone says is the best thing to do. I am looking to apply for our defacto visa in July/August. Is it still worth registering it now? I worry it will look suspicious if all of a sudden I decide to register our relationship just before apply..?! Or am I just overthinking it!?


thank you in a advance!


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Old 04-04-2014, 03:20 AM
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Quote:
Originally Posted by Harriet View Post
Quick question relating to the registering of a relationship...

my fiancÚ and i have been together for just over 2 years and living together for 1 1/2years of that. We have not yet registered out relationship but it seems to be what everyone says is the best thing to do. I am looking to apply for our defacto visa in July/August. Is it still worth registering it now? I worry it will look suspicious if all of a sudden I decide to register our relationship just before apply..?! Or am I just overthinking it!?

thank you in a advance!
If you have the evidence to show you have been living together for thr 1 1/2 years then you don't need to. People only register the relationship to waive the 12 months if they can't prove they have lived together for 12 months or more.


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Old 04-04-2014, 03:21 AM
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Harriet if you have 18 months of good evidence in the 4 areas required for a defacto visa,then I don't think you need registration to lodge a solid application.

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