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defacto time started together - Page 2


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  #11 (permalink)  
Old 06-22-2014, 11:49 AM
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no - we actually do live together in the UK

this is the frustrating part about the system - it is just that after we orginally started our relationship we needed to separtae as my partner came to UK to finish her masters degree and then I followed in septmeber

As I keep thinking - I cannot see anywhere that their terminolgy clearly outlined you must have lived together (even though we did for a short time at her sisters house) to say that was the start of the so called geninune and continuing exclusive relationship?? am I wrong about this??

Can we register a relationship in UK??

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Old 06-22-2014, 11:56 AM
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Quote:
Originally Posted by CollegeGirl View Post
Are you both offshore, or only one of you? In at least one state (NSW) you can register a relationship with one of you living offshore. I *think* they may be the only state that allows it. Are you in NSW by chance?
Qld allows it too


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Old 06-22-2014, 11:58 AM
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Mrt is migration review tribunal.

It says in the partner booklet that you need to live together for 12 months.


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Old 06-22-2014, 12:03 PM
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I am from Qld - can I apply whilst I am in the UK??


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Old 06-22-2014, 12:19 PM
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Originally Posted by darrennelson View Post
I am from Qld - can I apply whilst I am in the UK??
I think 1 of you have to be in qld. But if you have mail etc going to an address in qld you can give it a go. You have nothing to lose. You just have to show that you are a resident of qld.


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Old 06-22-2014, 12:24 PM
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Thank you Mish

I have already checked and yes I could do it but because I am not divorced then I cannot apply

maybe i will be lucky and it will come through shortly

Thank you for your help


  #17 (permalink)  
Old 06-22-2014, 12:25 PM
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Honestly, to me it was also not clear (until I found this forum), that you actually have to live together for 12 months. In the Partner booklet it says: "18 Partner Migration
Part 4 – General information
12-month relationship requirement for de facto partners
About the 12-month relationship requirement for de facto partners
To be eligible for a Partner visa on the basis of a de facto relationship at the time you apply, you and your
partner must be aged 18 years or over and:
• have been in the relationship for at least the entire 12 months before the date you lodged your
Partner visa application; or
• meet one of the provisions set out below"

Then it refers to a fact sheet (Fact Sheet 35 – One-Year Relationship Requirement for De Facto Partners) which states:

"Living together is regarded as a common element in most on-going relationships. It is recognised that, for various reasons, couples may sometimes have to live apart. Provided the separation is temporary and the couple had, at some point since commencement of the relationship lived together, their relationship might still satisfy the requirements of a de facto relationship.

For this reason, the one year relationship criterion does not require the couple to have physically lived together for the entire 12 months, but rather to have been in a de facto relationship for that period.

Partners who are currently not living together may be required to provide additional evidence that they are not living separately and apart on a permanent basis in order to satisfy the requirements of a de facto relationship."

So, frankly, to me it was pretty clear that you don't HAVE to have lived together for 12 months.

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Old 06-22-2014, 12:35 PM
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Thank you Starlight

finally I thought I as going mad - however I fear if I was to argue this point then the burecratic would get pissed off and make it more difficult

But to me it is perfectly clear that nowhere does it say you must have started your relationship living together - if fact it does not say this even in the section where they talk about living together


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Old 06-22-2014, 02:02 PM
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I am certain immigration is very particular about the 12 months living together as i have read on this forum about couples bing rejected just cause they were short of 2 weeks or so from the 12 months. The definition of defacto and law that immigration states in booklet 1 clearly explains the basic grounds of them defining a defacto relationship as 12 months living together but short periods of living apart is fine as long as partners can explain clearly the reasons why and also proof that while living apart they still remained as a defacto couple i.e transferring money to each other for utilities, expenses etc..

Like others have mentioned the 12 months can be waived if you either register your relationship, marry or have a kid together.

And the start date of defacto in the eyes of the immigration is the time you start living together. I know this may seem really strict rules but i suppose we need to comply with it. I am in the process of finalising my partner visa too and realised how stressful it is to put together an entire application. good luck do update us on your progress

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Old 06-22-2014, 02:31 PM
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Hi

I certainly understand what people are saying and believe like you said about the rejection.

But for me it does not read in the booklet that way - it talks about living together - which we do and have done for sometime

But it never talks about the starting date of living together - and also a definitive definition on what is consider temporary

I will keep providing evidence and try to get through it - yes you are right extremely stressful

thanks for you help

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