De Facto: Sufficient Evidence?

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De Facto: Sufficient Evidence?


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Old 01-13-2011, 09:25 PM
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Question De Facto: Sufficient Evidence?

Hello,

I am a British and American citizen in Australia on a student visa. I first met my partner in 2007 when I was on a 6 month student visa. I returned to America in January 2008 and we continued our relationship long distance until January 2010 when I came back on a two year student visa. From January 2010 until July 2011 we lived together. In July he had to move to rural Victoria as part of his medicine course, and I remained in Melbourne to continue my degree. We visit each other most weekends and communicate daily.
I have provided what I can think of, as we usually pay for things in cash and do not have many bills to pay. My friends all think we will obviously get it because they cannot imagine anyone thinking we're not in a committed relationship, but I just want to make sure I have thought of everything possible.

Here is the evidence I've collected so far:
FINANCIAL ASPECTS
-- Stat Dec explaining our story and evidence provided
-- Evidence of Sponsor ’s ‘Melbourne Access Scholarship’ (an offer letter)
-- Evidence of Sponsor ’s ‘Medial Rural Bonded Scholarship’ (an offer letter, a description of the scholarship from the information packet, and a letter acknowledging his acceptance of the scholarship)
-- Evidence of Sponsor ’s employment (payslip)
-- Evidence of Applicant’s ‘Rotary Ambassadorial Scholarship’ (a letter of financial guarantee)
-- Evidence of shared spending (my log of shared costs and who contributed, please note the items in yellow are rent payments that can be seen on Applicant’s bank statement, items in orange are rent payments that can be seen on Sponsor’s bank statement)
-- Evidence of Applicant’s rent contributions (Westpac statements 1 & 2, rent payments are highlighted in yellow)
-- Evidence of Sponsor’s rent contributions (Commonwealth Statements, rent payments are highlighted in orange)
-- Evidence of receipt of rent payments (Trust Account receipts)
-- Evidence of Sponsor ’s position under the ‘Extended Rural Cohort Scheme’ (an offer letter explaining the requirement that clinical placements occur in northern Victoria, an FAQ sheet about the Extended Rural Cohort)
-- Evidence of Applicant’s contribution to travel (Westpac Statement 3, train ticket payments are highlighted in pink)
-- Evidence of joint spending (FlyBuys account information showing both names)
-- Evidence of joint bank account (letter from Westpac with account information)



NATURE OF HOUSEHOLD

--Stat Dec explaining our story and evidence provided
-- Evidence of sharing rental property (Residential Tenancy Agreement signed by both Applicant and Sponsor , Bond Receipt in both names)
-- Evidence of Applicant living at Swanston Street apartment (Westpac letter)
-- Evidence of Sponsor living at Swanston Street apartment (Medicare letter forwarded)
-- Evidence of Applicant living in Ascot Vale (Westpac letter)
-- Evidence of Sponsor living in Ascot Vale (FlyBuys letter)


SOCIAL CONTECT
--Stat Dec Explaining our story and evidence provided
-- Statutory Declaration from XX(Sponsor’s father) and his proof of Australian citizenship
-- Statutory Declaration from XX (Sponsor’s sister) and her proof of Australian citizenship
-- Statutory Declaration from XX (Sponsor’s brother) and his proof of Australian citizenship
-- Statutory Declaration from XX (Sponsor’s friend and Applicant’s friend/housemate) and her proof of Australian citizenship
-- Statutory Declaration from XX (our friend) and her proof of Australian citizenship
-- Statutory Declaration from XX (our friend) and her proof of Australian citizenship
-- Statutory Declaration from XX (Applicant’s father) and his proof of British citizenship
-- Statutory Declaration from XX (Applicant’s mother) and her proof of British citizenship
-- Statutory Declaration from XX (Applicant’s sister) and her proof of British citizenship
-- Evidence of joint travel to Adelaide (Virgin Blue Invoice for flight to Adelaide, Virgin Blue confirmation for flight to Adelaide, Booking confirmation for The Overland from Adeliade to Melbourne, please note that these payments are included on Sponsor’s Commonwealth bank statement included under the ‘Financial Aspects’ section of this application)
-- Evidence of joint travel to Sunshine Coast (Jetstar Itinerary/Tax Invoice, Westpac details with flight and hotel bookings highlighted in blue)
-- Evidence of joint invitation (Invitation to XX 21st birthday celebration)
-- Evidence of joint letters (Christmas card from the XX, Christmas card from XX)
-- Evidence of family support (the Family Christmas letter that refers to Applicant’s plans to be with Sponsor in Australia and our planned visit in December 2011)
-- Visual evidence of our relationship (photos with captions)

NATURE OF COMMITMENT
--Stat Dec explaining our story and evidence provided
-- Evidence of e-mail communication (an e-mail from Applicant to Sponsor discussing her plans to move back to Australia demonstrating commitment to the relationship)
-- Evidence of AIM communication (part of a conversation between Applicant and Sponsor about Sponsor’s brother expecting a baby demonstrating interest in and excitement about Sponsor’s family, part of a conversation between Applicant and Sponsor shortly after Sponsor purchased his plane ticket to America demonstrating excitement about the visit)
-- Evidence of Sponsor ’s travel to America (STA Booking Confirmation for MEL to SFO and LAX to MEL, Southwest Itinerary for flight from Oakland to Ontario with Applicant)
-- Evidence of AIM communication (part of a conversation between Applicant and Sponsor after they had been in a relationship for 20 months)
-- Evidence of GChat communication (part of a conversation between Sponsor and Applicant with countdown to Applicant’s move to Australia, part of a conversation between Sponsor and Applicant making plans about the Unilodge apartment and the summer holidays, part of a conversation between Applicant and Sponsor after they had been in a relationship for 28 months)
-- Evidence of visits when Sponsor was based in Shepparton (a calendar of when Sponsor visited Applicant and when Applicant visited Sponsor, train tickets purchased by Applicant to visit Sponsor)
-- Evidence of phone calls (itemized phone records from when Applicant was calling Sponsor in Shepparton, please note that Sponsor’s room phone number was XXXXXX)


ANY advice, feedback, suggestions would be greatly appreciated!


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Old 01-14-2011, 03:12 AM
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I've got no doubt Sophie that you have a developing relationship, Jan 2008 to Jan 2010 apart, visiting oneanother and correspondence is a great indicator of commitment though there's still a couple of possible blockers in your way:
. Re: " From January 2010 until July 2011 we lived together. " I assume you mean July 2010 and that is just six months.
There is provision in the relationship requirement for people to be apart temporarily and an example shown in the CAQ in partner visa eligibility you may have read.
The only way of testing whether your situation will be covered would be with an application.
I'd suggest that a few things could enhance your chances of that and that would be:
. If with the rental agreements and other evidence you can show that despite your sponsor working out of Melbourne he is on the rental agreements and maintained a Melbourne Address.
. You have mentioned documentation of being together other times and hopefully that has been maximised by your break from studies though I can understand if you are getting study break work it may be easier for you in Melbourne.
. There is in Victoria now the relationship registration, a sticky thread near top and I would think that if you can get your relationship registered, that would benefit your application.

Otherwise, it seems you have collated substantial supportive statements but at the end of the day, a CO is largely bound by what the regulations are and so it'll be up to how they will see your time together as complying.

With your studies, have you considered what employment possibilities will come from that and it may be that if you are partaking of study break employment associated with your area of study you may be able to extend that to employer sponsorship on completion of your studies and if one way or another that can lead to you being more together with your partner or even eventually applying for PR through employment or independently, either path may offer greater certainty.





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Old 01-14-2011, 05:38 AM
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Quote:
Originally Posted by Wanderer View Post
I've got no doubt Sophie that you have a developing relationship, Jan 2008 to Jan 2010 apart, visiting oneanother and correspondence is a great indicator of commitment though there's still a couple of possible blockers in your way:
. Re: " From January 2010 until July 2011 we lived together. " I assume you mean July 2010 and that is just six months.
There is provision in the relationship requirement for people to be apart temporarily and an example shown in the CAQ in partner visa eligibility you may have read.
The only way of testing whether your situation will be covered would be with an application.
I'd suggest that a few things could enhance your chances of that and that would be:
. If with the rental agreements and other evidence you can show that despite your sponsor working out of Melbourne he is on the rental agreements and maintained a Melbourne Address.
. You have mentioned documentation of being together other times and hopefully that has been maximised by your break from studies though I can understand if you are getting study break work it may be easier for you in Melbourne.
. There is in Victoria now the relationship registration, a sticky thread near top and I would think that if you can get your relationship registered, that would benefit your application.

Otherwise, it seems you have collated substantial supportive statements but at the end of the day, a CO is largely bound by what the regulations are and so it'll be up to how they will see your time together as complying.

With your studies, have you considered what employment possibilities will come from that and it may be that if you are partaking of study break employment associated with your area of study you may be able to extend that to employer sponsorship on completion of your studies and if one way or another that can lead to you being more together with your partner or even eventually applying for PR through employment or independently, either path may offer greater certainty.
Thank you so much for that information.
To clarify, yes I did mean July 2010. From the end of July to the end of November we were visiting each other almost every weekend. From December 2010 to the beginning of Feb 2011 he has been living with me. My housemate is writing a stat dec to this effect. We have him at this address for something like FlyBuys, but he isn't actually on our rental agreement.
Unfortunately due to our study plans, neither of us can move to live with the other - as much as we would LOVE to!

In terms of the other visas. I will be graduating in Dec 2011 with a Master of Social Work - Social Work is one of the professions in 'demand'. Unfortunately I do not have enough work experience to apply for a skilled visa at this point, so I would need to do a graduate bridging visa first.
I would then feel very pressured in terms of making sure I hold my job down for visa purposes. I believe in my relationship a lot more than a job, since it would be my first job in that field....

Is it possible for me to go onto the graduate bridging visa, and then live with him (which would mean moving around rural Victoria, and probably not working), and then apply for the partner visa?

My current visa doesn't expire until March of 2012 (my student visa), but as he will continue to live in rural Vic and I will continue to be in Melbourne, I thought it would be best to apply after our year that we spent mostly together.


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Old 01-14-2011, 10:08 PM
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Yes, if you're eligible for the 485 graduate visa and I'd see no reason why not, that would seem better than a 457 employer sponsor that would tie you to a location as well as an employer and so still keep you apart.
If you can get your qualification assessed on completing the degree and get registered, you may even find that you could get work in country areas where your partner will be for medical/council organisations in lots of rural areas are always looking for people in various social work fields, or alternately, even though you may not have the working experience have you considered the onshore skilled visas, the 885/886 where studying here for two years is an alternative to experience re eligibility.





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