Defacto Partner Visa Questions (Poland)

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Defacto Partner Visa Questions (Poland)


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Old 11-17-2010, 10:58 PM
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Defacto Partner Visa Questions (Poland)

Hello,
Perhaps this has been answered in other threads but I'm new to this site and don't see it anywhere.
My Polish girlfriend and I meet the requirements for the visa timeline, we have been living together for more than a year and together for more than a year and a half. If anyone else has been through a similar situation with their Polish girlfriend/boyfriend and has advice or tips it would be awesome.

I am wondering the following:

I am currently living in Poland but really want to leave ASAP, will this affect the visa process at all if I left before the visa is approved?

Does my residency status in Poland have anything to do with approval?

Thanks in advance


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Old 11-18-2010, 03:41 AM
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If you are an Australian Citizen, residency in Poland should not affect your Gf putting a partner application in and as long as she is able to be contacted and can get all the appropriate documentation to either submit with the application or organise it from somewhere else, the visa will still be processed.
If she comes to Australia in the interim on a tourist visa [and it is probably best to see if she can get at least a six months one], she will need to take a trip abroad to have the visa granted, but that does not mean returning to Poland.





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Old 11-18-2010, 09:15 AM
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Quote:
Originally Posted by Wanderer View Post
If you are an Australian Citizen, residency in Poland should not affect your Gf putting a partner application in and as long as she is able to be contacted and can get all the appropriate documentation to either submit with the application or organise it from somewhere else, the visa will still be processed.
If she comes to Australia in the interim on a tourist visa [and it is probably best to see if she can get at least a six months one], she will need to take a trip abroad to have the visa granted, but that does not mean returning to Poland.
What if I leave Poland now go to Australia while she is here, before the application is processed, or even sent in, then the Australian government know that I've gone, wouldn't this affect the application?


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Old 11-18-2010, 12:05 PM
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There is a reference in the partner visas to it being expected normal that a couple are residing together immediately prior to the application being submitted, so you may jeopardise the application if you are not together when it is submitted.





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Old 11-22-2010, 12:26 PM
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Hey Wanderer,
Thanks for your answers thus far.
Looking in to the application process further it appears I may have a problem
as there is a section stating 'the sponsor needs to provide proof of income for the last two years'

-I have been in Poland since September 2008 - one part of this I was on a working holiday visa for Ireland (I worked in summer 2008 there so can provide income proof from there)
but other income/jobs I've held in Poland have been as an English teacher but my school never provided me a visa, so I won't have any proof of income documents/payslips.
-I was on a Polish student visa from Sept. 2009 - July 2010. so I could reasonably say that I was not working during that time, even though I was.

what do you think?


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Old 11-22-2010, 02:22 PM
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The sponsor income/employment will usually be used to just determine whether the sponsor needs an Assurer of Support and that can be family, rellies or friends.





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Old 11-23-2010, 10:50 AM
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Hey Wanderer,
Thanks again for all your help.

Yet a couple more concerns as of today:

1. Berlin embassy advised that it will take 10 months to process. This is way longer than I can afford to wait. I was looking at the sticky post about timeline above and it looks to be less for some/more for other obviously depends on which country the applicant is from?

2. This paragraph concerns me:
'Periods of ‘dating’ would not generally be considered to count towards the 12-month relationship requirement. If your relationship has been on a more casual basis – e.g. you travelled together and shared accommodation, but you each had your own money, paid your own expenses and made no long term plans for your future until recently – you may not be able to meet the one-year relationship requirement. You may need to establish your relationship for a longer basis before you make the decision to apply for partner migration.'

My girlfriend and I have been living together for the past 13 months. S
We are living in our second place since we moved in. The first place I had the lease in my name, and my girlfriend paid me monthly for rent/bills - (no bills are in either of our names)
The current place, the lease is in both our names, but no bills are in our names. We do not have any checking accounts/bills/mortgage anything in both our names.
All we have for proof of our 'financial commitment' is that she paid me monthly when living together at the other place, and we are both now paying the landlord separately currently. Will this be enough?

It's really great to find this forum and look through other posts of people going through the same thing.


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Old 11-23-2010, 01:29 PM
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You do need to be able to show a minimum of 12 months together and for that you will need to consider whatever you can to build your case.
If you think it might be lacking, you first ought to collate what you can, have a read of the sticky thread by elkitten for some ideas and if you have doubts, it may be best not to proceed and if you are serious about the future and you are looking at returning earlier, consider the PMV as an option.





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Old 12-15-2010, 10:37 AM
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Quote:
Originally Posted by Wanderer View Post
You do need to be able to show a minimum of 12 months together and for that you will need to consider whatever you can to build your case.
If you think it might be lacking, you first ought to collate what you can, have a read of the sticky thread by elkitten for some ideas and if you have doubts, it may be best not to proceed and if you are serious about the future and you are looking at returning earlier, consider the PMV as an option.
Hey Wanderer,
thanks again. We're almost ready to apply. We can prove we've been living together based on the evidence I have, but is living together enough to apply for a defacto visa?

Here is the evidence:
-bank statements for me and her over the last 14 months showing groceries bought for eachother, rent/bills paid to me, rent/bills paid to new landlord, dinners together, trips taken together.
-new lease together (only since Sept. 2010) with both our names (old one Oct. 09 - Sept. 2010 - was only in my name)
-plane tickets and hotel bookings for Italy
-photos of us throughout the relationship
-two stat decs (embassy only wants 2) from my dad and friend who are both Australian citizens
-skype logs printed out/emails printed out from when we were apart


We do not have bank accounts together, last wills made out to eachother but I would think that evidence above is enough.

Again as it states on the Berlin embassy website:
'Periods of ‘dating’ would not generally be considered to count towards the 12-month relationship requirement. If your relationship has been on a more casual basis – e.g. you travelled together and shared accommodation, but you each had your own money, paid your own expenses and made no long term plans for your future until recently – you may not be able to meet the one-year relationship requirement. '

Based on what you have read would you consider us to be in a defacto relationship? Do you think we have enough evidence? Anything else we should add?

Surely, they couldn't consider our relationship 'dating' as we have been living together since October 2009.


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Old 12-15-2010, 11:36 PM
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I have never worked for Immi and so have no idea of just what extent of info they will be looking for other than from what people have made comments on in previouis posts.
Have a good read of the sticky thread by el kitten neartop of the section and that'll give you some idea of the effort she made in cross referencing individual bank acounts etc.
If you can get a statement from your landlord re your partner and you living together before the joint lease, that will no doubt help.





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