De Facto Visa Q's

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De Facto Visa Q's

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Old 03-25-2011, 07:21 AM
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De Facto Visa Q's

Hello everyone,

I came across this forum when I was doing a bit of Googling on De Facto visas, and was surprised at the amount of threads on the topic. It's a bit of a gem, really.. but I can't read every thread hoping to find answers for my particular situation, it's a bit much. I'm currently suffering from a headache induced by the stress of the whole thing.. so I figured I'd post here and hopefully get a bit of help. I'm sorry if the questions have been asked a thousand times before.

I guess I'll begin with giving you a bit of background information for my partner and I. He's an Australian citizen, and I'm from the United States. We met online, about six years ago, and developed a close friendship. Eventually decided to have a go at a relationship (Dec. '07, roughly).. and I came to meet him in August 2008, stayed with him and his parents for two months, and had to go back home. But we decided to continue the relationship and he came to visit me at the beginning of 2009 for 3 weeks. I came back to Australia to study in August 2009, and moved in with him and his parents straight away. Due to money issues with study, I eventually had to postpone my education, and go back home and apply for a Working Holiday Visa. I left March 2010, and my partner joined me a month later for a holiday. We spent time with my family and came back to Australia at the beginning of May 2010. When we returned to Aus we found an apartment and moved out on our own.. and that's about where we are now.

Now, for the questions. When I came to Australia to study in 2009, and moved in with him and his parents, would that be the start of our 'De Facto' relationship? Will we have problems claiming that it was because we were living with his parents at the time? Or will stat decs from them be enough?

The financial side of things is a little tricky - I've been on the working holiday visa but have had trouble finding work because of my lack of experience.. in everything. We have a joint bank account and I generally manage the finances, and because I'm not working at the moment take care of everything at home. Could this cause problems for us? I don't want to come across as taking advantage or using him..

Also, I'm applying onshore and have sent for my FBI background check from home. It can take awhile to get back to me, though (6 weeks) and I don't exactly have that sort of time.. when I lodge my application, do I have to include it straight away? Or can I let them know I've sent for it and will be expecting it soon and hand it to them when it arrives?

And we're hoping to get quite a few stat decs from his friends and family here in Australia, depending on timing.. is there a good amount to include? Too few or too many? I remember reading that the stat decs need/should be from Australian citizens or permanent residents, too. So would it be pointless to include statements from my family and friends back home? Or could it help?

Also, with photos, do they need to be printed out or would be possible to put them on a disk for immigration? Just an attempt to conserve paper and ink.. :P And should I include photos from my first visit here and his first visit to me? Or only things from when we began living together?

Sorry, this post is getting quite long! I'll leave it here for now and read through some of the other posts.. again, sorry if anything should be obvious to me, or if it's something I should know from having read through the booklet they have. It's just a lot of reading, and a lot to keep track of. :P So, thanks in advance guys, for any info you might be able to give me. (:

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Old 03-25-2011, 04:24 PM
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The best thing to do that could help stop getting a headache from all the reading is to use an application form and go through it with the Immi Checklist as a guide, make a note against any questions where you need additional info or documents and make up your own checklist as you go, your marked up application form becoming a dummy run.

The at least 12 months relationship is of a living together requirement which can include living together with parents and seeing as your break between studying and returning on the WHV was relatively short and that your partner also went to the US in that time, you would probably stand a good chance of the relationship period being considered to have started from the earlier date.
However, rather than rely on just parents statutory declarations, hopefully you can come up with earlier documentation and for instance did you use the parents address for your student visa and any studying or other correspondence, join the local library or any clubs etc., anything that can show your common address.
Have a read of the sticky thread by elkitten to see if you can get some thoughts from that re support evidence.

Another thing that you may be able to consider is getting a relationship registration, available if you are in ACT, NSW, Tasmania or Victoria and something that will take a month or so but then waives the need for the full 12 months together.

You do not need to submit police checks or medical results with your application and re the latter, if you have made a booking for one that is sufficient and the police checks can be sent in later and you will also need one from the AFP because of your time here.

As for statutory declarationsfor under Australian law, they only apply to Australians or being made in Australia but you should also at least get statements from your parents too and a couple from friends will not go astray but mo need to go much past as requested in the Booklet and just a half dozen or so photos and yes, photos and no DVD.

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Old 03-26-2011, 01:40 AM
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Hey Wanderer, thank you for the reply

Dummy run for application, great idea. I think I will do that. I was hoping to keep paper waste and ink usage to a minimum, but I don't think that's going to be possible now. Sacrifices must be made I suppose, haha. There's always recycling!

I'm in Queensland, so the relationship registration won't be possible. Why is it only those states? And unfortunately I'm not sure I'll be able to come up with much for the address. But I'll see what I can do about that today, and take a look at that other thread. Fingers crossed.

I've had the AFP police check done, and received my results. That took less than two weeks. ^.^ But it's good to know I'll be able to submit my application without the FBI background check straight away, that was a major concern.

With the statements from my family, will they need to be witnessed as well.. and include certified copies of I.D.? Or does it matter less with those?

Thanks again for all your help!

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Old 03-26-2011, 12:56 PM
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The reason for the relationship registrations in some states/territory is that it is a state legislation that governs it and Immi being federal can only recognise it once the states have got it in place.

As for your parents statements, if the US have something similar to a statutory declaration, they can feel free to have a statement witnessed though it is still not considered a legal document under Australian law.

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