De Facto Visa - More Living Together Difficulties

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De Facto Visa - More Living Together Difficulties


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Old 11-08-2010, 02:46 AM
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De Facto Visa - More Living Together Difficulties

Hello all,

I realise that this may have been covered in earlier threads, but I was hoping to perhaps get some advice specific to my current situation.
My girlfriend is currently living in her home country of Singapore where she has been living for the past 2 years. I'm an Australian citizen living here in Australia. We met while in college together 4 years ago and have been partners for the last 3 and a half years.

Unfortunately we are faced with difficulties when applying for the De Facto Visa as we are unable to satisfy the 12 month living together requirement. I've noticed however that there may be exceptions under certain conditions - namely where it has been effectively impossible for the partners to live together.
There are no visas that I know of between Australia and Singapore where my girlfriend may live in Australia for 12 months (no working holiday agreement exists), and when she left Australia I was still studying here. Having just completed my degree, I have gained full time employment here, besides which I do not have the financial assets I would need to move to Singapore, where accommodation is hard to come by. Her family's house is too small for more people, besides which I would not want to intrude on their space.

In light of these circumstances, do you think we still have a chance of gaining a De Facto visa? We would easily be able to provide certified statements attesting to our relationship from Australian citizens, details of travel to meet each other, statements from our joint bank account etc.


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Old 11-08-2010, 04:37 AM
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For a defacto, the chances would seem to be extremely remote.
If she wants to come to Australia and get married, then a PMV is available.





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Old 11-16-2010, 08:32 AM
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This pretty much echoes what the person I spoke to on the phone at the immigration department said. It definitely sucks though - we were essentially living together for 1.5 years while she was studying in Australia, but then she had to move back home for family reasons after she finished her degree.
Do you think there would be any extenuating circumstances which may help in an application? I don't know how we could be expected to live together for the 12 months leading up to this application when there aren't really any visas which would allow her to stay here for that period of time, particularly as she would want to work as well.
I do intend on marrying this girl, but neither of us want to be forced into something based on the decisions of the Department of Immigration.


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Old 11-16-2010, 08:40 AM
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Oh yeah, I have also read that simply living together does not constitute a de facto relationship, and as such immi looks at other factors too such as mutual commitment to a shared life etc. when determining the validity of a relationship.
In addition, the booklet states that we have to show:
"that you and your partner are living together or, if not, that any separation is
only temporary"
If she would live with me when the visa is granted, do you think that we could argue that we would satisfy the requirements for a de facto relationship if we can back our claims with multiple certified statements from friends, family and other people we know, as well as joint bank account statements etc.?


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Old 11-16-2010, 09:52 AM
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If you look at the CAQ in the 12 months relationship requirement under eligibility there is an example of what a temporary separation is, a period within the 12 months.
You may have a long distancecommitment to oneanother but my view is you just do not have a defacto relationship and no ammount of statements will change that.
The regulations have been developed for most couple situations, be it married, intention to marry or defacto offshore and onshore and like all regulations you cannot hope to have every variation covered and if it is any consolation most things in life are affected one way or another by regulations.





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