Partner Visa - another 12 month requirement question

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Partner Visa - another 12 month requirement question

Closed Thread
LinkBack Thread Tools
  #1 (permalink)  
Old 11-07-2010, 11:45 PM
Junior Member
Join Date: Nov 2010
Posts: 3
Please update your flag here .

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?


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.

  #2 (permalink)  
Old 11-08-2010, 05:03 AM
Wanderer's Avatar
Senior Member
Join Date: Jun 2007
Posts: 7,467
Please update your flag here .

139 likes received
The regulations are quite clear despite some variance that may occur with CO assessments and you can see those at posts #15 & #16 in 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.

  #3 (permalink)  
Old 11-08-2010, 05:28 AM
Junior Member
Join Date: Nov 2010
Posts: 3
Please update your flag here .

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?

Sponsored Links
  #4 (permalink)  
Old 11-08-2010, 06:44 AM
Wanderer's Avatar
Senior Member
Join Date: Jun 2007
Posts: 7,467
Please update your flag here .

139 likes received
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.
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.

Closed Thread

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Applying for a partner visa to Australia - 12 month living requirement? wirral Visas and immigration 5 04-07-2011 01:54 PM
Beat the 12 month requirement for de factos ozmikal Visas and immigration 4 10-14-2010 12:23 PM
Partner Visa Help-12 month requirement Vivi Visas and immigration 1 04-12-2010 01:14 PM
12 month requirement for de facto visa kezza1 Visas and immigration 1 09-19-2009 10:28 AM
12 month relationship requirement MP2009 Visas and immigration 2 07-27-2009 06:20 AM

By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.

All times are GMT. The time now is 02:49 PM.

Powered by vBulletin®
Copyright ©2000 - 2021, vBulletin Solutions, Inc.
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2021 DragonByte Technologies Ltd.