Offshore partner visa 309 (extra evidence required)

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.

Like Tree28Likes

Offshore partner visa 309 (extra evidence required)


Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 04-18-2014, 09:17 AM
Senior Member
 
Join Date: Apr 2014
Posts: 118
Users Flag! From singapore

56 likes received
11 likes given
Offshore partner visa 309 (extra evidence required)

Hi guys,

My partner and I have recently lodged the application offshore (in Singapore) and just received a mail from the embassy to confirm my application and to require for more documents.

My partner and I met in May 2012 in Singapore. He is an Australian and was in Singapore for work. The main phase of the project was completed in June 2013 and he had to go back to Melbourne. Since then we had a long distance relationship, travelling to and fro every 2 - 3 months (max) to see each other. We skype every night and email each other regularly at work about random what not and/or funny news. Other times we use WhatsApp and FaceTime (thanks to technology).

It took us a lot time (more than 6 months) to prepare for the application and some of the forms are not up to date when I submit them earlier this month (forms were updated in March 2014). Since my partner is currently in Australia, I was told to only re-do my 47SP and some of the documents required from the embassy are:
  • Updated form 888 (we've used the ones designed in July 2013)
  • Evidence of de facto relationship
We were happy the case has been assigned to a CO within a week of submission but at the same time, we were upset why there is a need for an updated form 888 as the questions did not change. I've called the CO to enquire and she just said the forms I've used were outdated (which we were aware). I did not make any further enquiry about the need for the updated form but just felt apologetic we had to get both witnesses to get it re-done.

The next question I've asked her, of course is on the evidence of the de facto relationship as we've submitted what we have - photos of our holiday trips, hotel and air ticket expenses (not all as my partner has absolutely no habit of keeping his credit card bills. I've only gotten this habit recently. We took turns to pay for things), photos of 3 weddings we've attended, emails (including one from his mum sending to their relatives in UK of our Christmas in Melbourne and photos) and skype logs.

Her reply to me was: holidays together are only a small part of a de facto relationship so we are very lost as to what else we can submit. I know we have to address more in terms of our financial aspects but my partner and i are in a pretty unique situation. We lived in Singapore between June 2012 to June 2013 and because of his work, he was put up in a hotel. Yes, we stayed in a hotel for a year and the bills are paid for by his company so we do not have any shared bills. Since he has moved back to Melbourne in June 2013, he has leased a place and despite me asking for my name on the lease (we didn't take this step so I am not sure how easy it is to officially include my name on the lease, considering I'm currently still on ETA), my partner felt that it is unfair for me since I am not living there full time at the minute (example if he defaults on the payment - which he never will - I will have to pay for the rent). I visit and stay with him whenever I visit but he felt that it will be better for my name to be included once I have the partner visa approved.

I have spoken to a friend who is a migration agent in Melbourne and she said it is very likely the CO wanted us to prove that we have been living together for more than 12 months. We definitely have but really unsure how we can do that. Since his company puts him up at a hotel, we know the hotel's Account Manager very well so we could probably ask her to write a letter, if it is necessary. Then again, we are not sure how we can address the issue.

We do not have any joint bank account but will do so when I visit him in Melbourne next month for our anniversary. He will also be in Singapore for work again in June, so I am thinking if it is good if I were to apply for a supplementary credit card for him and vice versa (to show our commitments towards each other)? Any thoughts on this?

Thanks a lot in advance.


Last edited by peachtart; 04-18-2014 at 09:48 AM.

  #2 (permalink)  
Old 04-18-2014, 10:19 AM
GBP GBP is offline
Senior Member
 
Join Date: Jun 2013
Posts: 1,366
Users Flag! From australia

466 likes received
60 likes given
Definitely get someone to write a statutory declaration to prove that you have been living together in the hotel for one year.

Since you didn't register your relationship prior, you are require to prove that you have live together for 12 months and the DIBP is strict on this.


  #3 (permalink)  
Old 04-18-2014, 10:31 AM
Senior Member
 
Join Date: Apr 2014
Posts: 118
Users Flag! From singapore

56 likes received
11 likes given
Quote:
Originally Posted by GBP View Post
Definitely get someone to write a statutory declaration to prove that you have been living together in the hotel for one year.

Since you didn't register your relationship prior, you are require to prove that you have live together for 12 months and the DIBP is strict on this.
Thanks, GBP.

We were looking into registering our relationship yesterday (I spoke to the CO yesterday) and we couldn't do that as we did not live together in VIC for at least 12 months.

We will definitely look into a statutory declaration but... who should write this / how is this done? (sorry, stupid question. it is only through this visa application do i get to know about the whole hype of getting documents notarised)


Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 04-18-2014, 12:29 PM
Moderator
 
Join Date: Jul 2011
Posts: 5,255
Users Flag! From canada

1539 likes received
148 likes given
As I understand partner visas, DIBP assesses the evidence you provide of your relationship in the 12 months before you lodge your application. So I think creating joint credit cards, registering relationships, etc. now won't add much value since they weren't in place at the time you lodged.

Dinkum likes this.
__________________
186 visa - Temporary Residence Transition stream
Granted Dec 2013

  #5 (permalink)  
Old 04-18-2014, 01:39 PM
Senior Member
 
Join Date: Jan 2014
Posts: 798
Users Flag! From australia

334 likes received
9139 likes given
Registering your relationship after lodgment may still be very helpful as long as a decision has not been made. Read this important thread recently started by Mark.

http://www.australiaforum.com/visas-...n-visas-2.html

Star Hunter and peachtart like this.
__________________

Made by our Australia Immigration Timeline Software. Click here to create yours.

Last edited by Dinkum; 04-18-2014 at 01:48 PM.

  #6 (permalink)  
Old 04-18-2014, 01:44 PM
GBP GBP is offline
Senior Member
 
Join Date: Jun 2013
Posts: 1,366
Users Flag! From australia

466 likes received
60 likes given
suggest you speak to a migration agent to find out a solution. Maybe start from the thread "Ask Mark" ?


  #7 (permalink)  
Old 04-18-2014, 06:04 PM
Star Hunter's Avatar
Senior Member
 
Join Date: Jun 2012
Posts: 575
Users Flag! From australia

459 likes received
475 likes given
This is so tricky for you, since it seems like you truly are trying to think of evidence and coming up empty I'll brain storm a little bit tonight and see if I can think of any other things that you could use as evidence in a pinch.

As stated, you really do need evidence that dates prior to lodgement, however evidence generated after lodgement can still be submitted - it just has to be kept in mind that post-lodgement evidence is a supplement and not supposed to be the majority of the evidence. Also, the cohabitation requirement needs to pre-date lodgement of the VISA application. As Dinkum pointed out, you can still register your relationship and submit that so I would do that ASAP!

You say that you have no joint bills, lease and that your partner doesn't keep his credit card bills. Can your partner contact his bank and have the last years worth of statements sent to him? Could he highlight any important transactions that he made in support of the two of you and your joint household?

Is he like my husband and never cleans out his wallet? Could he still have old receipts on there that could be used to cross reference transactions on his credit card statement?

You can download statutory declaration forms on the internet and have the hotel manager fill that out and have it witnessed/notarized by one of the nominated people listed on the stat dec.
also Australia post have stat dec forms you can use as well.

Has he listed you as an emergency contact at his workplace? If so can he get a copy of his personal particulars form with you listed? Health, life or car insurance listing each other as beneficiaries? You can easily fill out simple wills listing each other as beneficiary, will kits can be bought from Australia post or downloaded from online. You fill them out, have them witnessed and it's that simple.

More form 888s as I noticed you said "both" so I'm assuming that you only submitted the mandatory two? Of you can get more then it's often recommended that you submit as many as possible.

Mail addressed to both of you at the hotel? Do you have the invitations from the weddings that you attended? Christmas cards?

Since your partners accommodation in the hotel was paid for by his company, does he have some sort of formal employment document outlining that as part of his benefits package? Are you listed on that paperwork as his spouse/de facto at all? Maybe contact the human resources department of the company he works for and see if they have any records of his living arrangements that they can send you.

reilic, Dinkum and peachtart like this.
__________________
I'm the Australian wife, in love with the American dream!

820 partner visa, applied onshore January 3, 2014. Approved September 8, 2014.

Sending love and light and my best wishes to all the lovebirds just trying to make their dreams come true xxxx

Last edited by Star Hunter; 04-18-2014 at 06:10 PM.

  #8 (permalink)  
Old 04-19-2014, 02:51 AM
Senior Member
 
Join Date: Apr 2014
Posts: 118
Users Flag! From singapore

56 likes received
11 likes given
Unhappy

Quote:
Originally Posted by Dinkum View Post
Registering your relationship after lodgment may still be very helpful as long as a decision has not been made. Read this important thread recently started by Mark.
We are looking at this option and it seems we are supposed to live together in VIC for at least 12 months and the forms require evidence of my status in VIC as we'll. I'm on ETA and the longest I've stayed there is during our Christmas break for 1.5 months.


  #9 (permalink)  
Old 04-19-2014, 03:14 AM
Senior Member
 
Join Date: Apr 2014
Posts: 118
Users Flag! From singapore

56 likes received
11 likes given
Quote:
Originally Posted by Star Hunter View Post
This is so tricky for you, since it seems like you truly are trying to think of evidence and coming up empty I'll brain storm a little bit tonight and see if I can think of any other things that you could use as evidence in a pinch.

As stated, you really do need evidence that dates prior to lodgement, however evidence generated after lodgement can still be submitted - it just has to be kept in mind that post-lodgement evidence is a supplement and not supposed to be the majority of the evidence. Also, the cohabitation requirement needs to pre-date lodgement of the VISA application. As Dinkum pointed out, you can still register your relationship and submit that so I would do that ASAP!

You say that you have no joint bills, lease and that your partner doesn't keep his credit card bills. Can your partner contact his bank and have the last years worth of statements sent to him? Could he highlight any important transactions that he made in support of the two of you and your joint household?

Is he like my husband and never cleans out his wallet? Could he still have old receipts on there that could be used to cross reference transactions on his credit card statement?

You can download statutory declaration forms on the internet and have the hotel manager fill that out and have it witnessed/notarized by one of the nominated people listed on the stat dec.
also Australia post have stat dec forms you can use as well.

Has he listed you as an emergency contact at his workplace? If so can he get a copy of his personal particulars form with you listed? Health, life or car insurance listing each other as beneficiaries? You can easily fill out simple wills listing each other as beneficiary, will kits can be bought from Australia post or downloaded from online. You fill them out, have them witnessed and it's that simple.

More form 888s as I noticed you said "both" so I'm assuming that you only submitted the mandatory two? Of you can get more then it's often recommended that you submit as many as possible.

Mail addressed to both of you at the hotel? Do you have the invitations from the weddings that you attended? Christmas cards?

Since your partners accommodation in the hotel was paid for by his company, does he have some sort of formal employment document outlining that as part of his benefits package? Are you listed on that paperwork as his spouse/de facto at all? Maybe contact the human resources department of the company he works for and see if they have any records of his living arrangements that they can send you.
Thanks, Star Hunter. We really appreciate that.

I'm a bit confused right now. Do we have to pre date if we were to get the stat decs done by the hotel manager? We're looking to get that done on Monday (no Easter holiday on Monday in Singapore). We're not sure if we can use the Australia's stat decs as I've been requested by the CO to have my documents notarized in Singapore (I've got that done in Australia during my visit).

Yes, we have a lot of expenses charged to our card. Unfortunately, my partner has cancelled one of his cards sometime last year. I'm sure we could still get that sorted with the bank and we'll work towards that. We might not have receipts to cross reference though... Because I clear out his wallet regularly when we stayed together in Singapore. I knew my efficiency would cause inconvenience someday. We will probably still have emails for traveling and online purchases. I found some purchases I've made on asos sent to his apartment in VIC as well as the hotel we stayed in Singapore. Those dates on the emails doesn't help much though...

I've checked with him last night via skype about emergency contacts. I'm the emergency contact when he's in Singapore (which makes sense) and his brother is the emergency contact when he's in Melbourne right now. Will that help? I've got him as my emergency contact at my yoga centre. I should be able to get that info from my yoga centre if it helps. But I signed up at this yoga centre only last month.

Yes, he MIGHT have the contract outlining the benefits. Again, I'll have to check with him since he used to be doing contract work. I wasn't listed as his defacto at that point because it was in the middle of his contract when we met though. But the hotel manager knows to include both his and my names for check-in whenever he's in Singapore.

We're just hoping the CO will be patient with us. Any idea if there will prompt you more than once thar the evidence is not too sufficient?


  #10 (permalink)  
Old 04-19-2014, 03:32 AM
Senior Member
 
Join Date: Jan 2014
Posts: 798
Users Flag! From australia

334 likes received
9139 likes given
Oh... It is good you checked the rules carefully. Vic is is a bit tough. We did ours quite easily in NSW and there was no 12 month rule. It cost about $300 though. The suggestions from other experienced posters here are all good. Just get as much evidence as you can. You can be creative - I found records for books I sent as gifts to my partner via Amazon.com. Every little bit helps. Good luck...

Star Hunter likes this.

__________________

Made by our Australia Immigration Timeline Software. Click here to create yours.

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
Enough evidence to apply for offshore Partner Visa. remichelle Visas and immigration 9 01-05-2014 09:01 PM
Partner Visa help required please(Subclass 309/100) Qarta123 Visas and immigration 5 09-25-2013 04:03 PM
Suggestion required for Partner visa (sub class 309) lostsoultodiscover Visas and immigration 4 06-26-2013 10:17 PM
Offshore Defacto Visa-Extent of evidence required. LindseyC Visas and immigration 2 11-12-2011 10:07 PM
Australian Partner Visa Checklist of Evidence Required asc2011 Visas and immigration 2 02-21-2011 12:48 PM

LEGAL NOTICE
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 11:01 PM.




Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.
AustraliaForum.com