What constitutes 'de facto' to obtain Permanent Visa

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What constitutes 'de facto' to obtain Permanent Visa

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Old 02-28-2011, 06:02 PM
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What constitutes 'de facto' to obtain Permanent Visa?

Dear All

I've written previously about my application process. I was assigned a Case Officer a week after submitting my paperwork offshore in London this month. So far I have been requested to provide 2 police checks for the UK and Australia and my Birth Certificate. These are presently being done.

I sent my CO an email for her to consider my application for a Permanent Visa/Subclass 100 - as the information on Immi and in the Partner Migration booklet give grounds i.e. I have been in a de facto relationship with my partner for over 3 years, (nearly 5 years this June). Although we've been apart for some of the time due to my work being in NZ, we nonetheless have a mutual and committed relationship. We do our decision making jointly and support each other. And having checked the definition of 'de facto' under the Immigration site I felt that we could achieve this visa.

However the reply received has confused and yes dare I say it rather upset me.
"Dear ...
Thank you for your message. I would like to advise that to meet the
requirements for a permanent visa you have to have been living together in
a de facto relationship for more than 3 years at the time of application
lodgement - which is from 10 February 2008. Since you have lived together
less than 3 years you meet the requirements for a temporary visa."

No where on the Immi website does it say you have to live together - it says you should be in a de-facto relationship for 3 years or more and live together for 12 months prior to lodging but this is waived if you have the relationship register or compelling circumstances, for which I have both - the RR and I am here in the UK looking after my sick mother.

Well I am putting this to the forum before I respond. As a lay person I only have the Immigration website to gather information from, (and of course this forum). How do other couples manage when their partners are away working for months at a time etc? I have checked the Partner Migration booklet and have noted pages 19 and 38 which definitelys does not say anything about living together.

I would truly appreciate any advice on what I should place in my response. I know I will have to give facts so if anyone has been in a similar situation I would welcome their comments.

Regards, Sonia

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Last edited by SoniaSonia; 02-28-2011 at 07:12 PM.

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Old 02-28-2011, 10:51 PM
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There is the reference to living together on Australian Immigration Fact Sheet 35. One-Year Relationship Requirement
It does say that should be permanent or any separation is temporary and I suppose it'll depend on how long you were separated whether they will feel that you comply with the three years, there being an example CAQ .

If your work separation was only something like a few months and you have provided the evidence from before the separation too, you could try putting something in an enquiring way ie. " Is there any chance of your decision being reviewed for my separation was only temporary and I've seen in the " link " CAQ there is an example for being apart temporarily even when just 12 months is being considered "

I do not imagine that any bureaucrat of any level likes to be corrected, so if it is applicable, put it in their face anymore than an enquiry and it'll probably get a worse consideration.

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Old 03-01-2011, 04:33 PM
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Thanks Wanderer

A sane man in an insane world. I'll draft an appropriate response to my CO. Thanks again.

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