Partner Visa - another 12 month requirement question

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Partner Visa - another 12 month requirement question


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Old 11-07-2010, 11:45 PM
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Partner Visa - another 12 month requirement question

Hi there,

My partner and I have just about finished putting together our Partner Visa application and are planning on sending it off in a week's time (just waiting for some evidence from overseas).

I understand there's a lot of discussion about the 12 month living together requirement. However, my partner is currently on a WHV which expires 26th November 2010, so from that visa alone we haven't fulfilled the 12 month requirement.

Prior to that though, I lived with him when I visited him overseas, and vice versa. Basically, I lived with him for 3 months between July-September 2009, 6 weeks between March-Mid April 2009, 2 and a half months between September-November 2008, and 3 weeks in July 2008. When we were apart we kept in contact every day, and the reason we were apart was because of study and work.

I was wondering if anyone know if this is sufficient enough to fulfil the 12 month requirement (though i'm not sure how to prove that i was living with him when I visited him overseas).

Also, if we send in our application and it is rejected because of this, will we be able to reapply, considering there is a 6 month wait from what I heard? Or does anyone have any suggestions to this situation?

Thanks!

edit: we put in an application to register our relationship in NSW last week, however we won't be able to get it in time before we submit our partner visa application because of the 28 day cooling period. I called up the registry in NSW and I was told we can request a letter be sent, informing immigration of the application, and that immigration will accept the letter. Anyone know if that is the case? Or will the registration be disregarded because of the cooling period?


Last edited by smiggles; 11-08-2010 at 03:54 AM.

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Old 11-08-2010, 05:03 AM
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The regulations are quite clear despite some variance that may occur with CO assessments and you can see those at posts #15 & #16 in http://www.australiaforum.com/visas-...equired-2.html and I have suggested @ post #17 how sbjapan did have significant support of her application, the property purchase etc.

I doubt that your holiday trips residing is going to be considered and relying on the 12 months of a single WHV is risky for the application needs to go in before the WHV expires and thus could be considered as falling short of the 12 months.

I do not know anything about Immi accepting a letter from NSW authorities and it would surprise me if that is the case not just because Immi regulations are legislated but it's kind of either you are registered or not, and I would not think Immi will accept an application on the basis of what might be, just my opinion.
I've also not heard of a six month wait between applications.

What some people consider doing is right near the end of a WHV, allowing at least a few days and from NSW, a return trip to NZ might be considered with re-entry on an ETA so as there is no No Further Stay condition and though people have been questioned on doing that, as long as the funds are available for an extra time of visiting/travelling and it is not suspected a person will attempt to work while on the ETA and are using the ETA for its intention, then that can work for you to get extra time together.
If with extra time residing together, he decides on putting in a partner application, the ETA does not prevent that.





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Old 11-08-2010, 05:28 AM
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If immigration does not accept the periods we travelled to see each other as evidence, is it possible to resubmit the application after it has been rejected? Or would my partner have to leave the country before there is any possibility of submitting another application? I read the posts on the link you mentioned, but i was a little confused at post #15 saying:

"Our case officer told us there and then that she wouldn't accept our application until we had lived together exactly 12 months so we had to alter our dates by 3 days so she would take our application"

I didn't think you could alter the dates after you submit the application? Or am i reading it wrong?


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Old 11-08-2010, 06:44 AM
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The way I would read the full comment is that they may have been lucky enough to have had a situation where they had been able to make an appointment for lodging/interview and some people think that the person doing an initial interview is a CO.
Quote:
My partner and I have been together 5 years but at the time of lodging our application we had only been living together 3 days short of 12 months. Our case officer told us there and then that she wouldn't accept our application until we had lived together exactly 12 months so we had to alter our dates by 3 days so she would take our application.
The key there is she wouldn't accept our application so in answer to your question, without having the poster to grill, I would suspect they may have re-submitted the application, the application not having been accepted.

Immi will no doubt accept your travelling to oneanother as background support so as not to doubt a relationship but times together are not accumulated to meet the defacto requirements.
Have a read of the CAQ under the eligibility 12 months relationship requirement.





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