De Facto Partner Visa - Page 3

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De Facto Partner Visa - Page 3


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  #21 (permalink)  
Old 10-03-2014, 10:02 PM
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Quote:
Originally Posted by brittpinkie View Post
Just wanted to second what CollegeGirl and others have said about living together...I wasn't sure about this when I first applied, so I actually called DIPB and talked to someone who definitively clarified the fact that you MUST LIVE TOGETHER CONTINUOUSLY for the 12 months (or register your relationship). So that's straight from Immigration.
The requirement is that a de-facto relationship was in existence for the period of 12 months immediately preceding the date of application.

This is not the same as physically living together for 12 months.

To prove that a de-facto relationship is in existence , evidence should be provided about :

a) the financial aspects of the relationship
b) the nature of the household
(c) the social aspects of the relationship
(d) the nature of the persons’ commitment to each other

It is especially important to provide sufficient evidence from the date the de-facto relationship is supposed to have started.

No two situations are the same and each case should be considered on its own merits.

You only have to check MRT case records to see how often the DIBP gets it wrong.

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Last edited by CCMS; 10-03-2014 at 10:04 PM.

  #22 (permalink)  
Old 07-29-2015, 04:27 PM
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Thumbs up 2015 Update

I found this post of mine while researching and decided to give a 2015 update.

My partner and I have not yet applied for the de facto partner visa, but we have collected all our evidence, filled out the forms and I have gotten my health checks and police checks sorted already (I know, too early!!) He is currently with me in Germany and we hope to apply in the next week if everything goes well.

By now we have been in a relationship for 5 1/2 years, are both 22 years old and are employed in Australia and Germany. My partner is still in University, but will begin working in Melbourne at the start of 2016. I work in the German film industry.

Just to clear some things up:

We have lived together a total of 14 months: 6 months in our own apartment in the Netherlands during University and 8 months in Australia with his family while I was on a working holiday visa. The gap between this time was 2 months. I have called the embassy in Berlin four times (I was not happy with a single call ) and they have confirmed that this is acceptable and counts as being in a de facto relationship. As long as we can prove that we maintained contact during the times apart, it is ok. I enquired again and again whether we had to be living together for 12 months in one go and I was told 'no' each time. I also called the London high commission and they said the same thing. I was also told each time that living with my partner's family counts, I would need to get a statement from the parents confirming this.

Unfortunately, we could not register our relationship, because South Australia does not do this and we lived in Adelaide. Otherwise I would have immediately done so to avoid all this confusion about the 12 months requirement.

Of course reading some of the old posts here about us not qualifying does make me a bit nervous and I will - one more time - call the Berlin embassy and make sure we are doing the right thing. Otherwise the prospective marriage visa would be an option.

Have a nice day everyone!


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Old 07-31-2015, 10:41 AM
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What they tell you over the phone doesn't mean anything really. If u intend marrying anyway why don't u apply for pmv just to be safe? $7k is a lot to throw away particularly as you do not have hard evidence of living g together in Australia. Ie stat decs from parents are good but not as good as a lease and bills in your names. If it was me I would just to pmv to be safe - but after I was refused my first pmv I take nothing for granted and would rather err on the side of caution than be refused. But that's just me

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Last edited by chicken999; 07-31-2015 at 10:48 AM.

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  #24 (permalink)  
Old 07-31-2015, 01:04 PM
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Quote:
Originally Posted by chicken999 View Post
What they tell you over the phone doesn't mean anything really. If u intend marrying anyway why don't u apply for pmv just to be safe? $7k is a lot to throw away particularly as you do not have hard evidence of living g together in Australia. Ie stat decs from parents are good but not as good as a lease and bills in your names. If it was me I would just to pmv to be safe - but after I was refused my first pmv I take nothing for granted and would rather err on the side of caution than be refused. But that's just me
Yes, that seems to be the case with calling up immigration, that's exactly what's keeping my partner and I from feeling at least 90% sure on the de facto visa. We've discussed it over and over again the past weeks and discussed it with our family and friends and we do want to get married at some point so we are interested in the prospective marriage visa, too.

We will consult two separate migration agents about their opinions and from that we will make a decision.

Do you mind sharing why you got your first pmv refused?

Thanks for the input!


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Old 07-31-2015, 05:41 PM
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Good plan to do some consultations.

U can read my threads if your bored lol but basically we had a racist case officer in Malaysia who decided we weren't genuine despite having a tonne of evidence and my having visited Malaysia about 18 times over 3 years and we had house together there as I came over so often (sometimes I would fly over for a 3 day weekend)

My husband (we did 2nd pmv and Mrt simultaneous ) is Ghanaian so we end up being approved in Kenya by an African case officer (who ended up telling me to stop drowning her in evidence - lol - cause she believed we were genuine).

I can tell you that being refused a visa is:-

1. Emotionally devastating
2. Financially crippling
3. Loosing precious years apart you can never get back is soul destroying

I've forgotten what country you are from but if you A high risk country I would definitely do pmv

If your from a low- risk you will probably be ok but then again it's still a risk and with visas fees so high, why take any risk

Good luck anyway!

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  #26 (permalink)  
Old 07-31-2015, 08:12 PM
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I'm sorry to hear you went through that & it's good of you to pass on this type of advice to people like myself. It's very unfortunate that some case officers involve their own stupid and biased opinions as with your example, and that's what's scary for my application. I would hate for us due to lack of hard evidence to rely heavily on a compassionate case officer and then be let down by somebody who perhaps thinks we are too young or something (or maybe hates Germans ). Good on you guys to persevere and I believe your partner has his visa now, so that's wonderful.

I'm from a low risk country, but I would hate to lose out on money that could be spend on a pmv instead. So I absolutely agree with you on not taking that risk.

Will see what the migration experts say and I will take a look at your previous posts! I'm interested.

Thanks again for your story.


  #27 (permalink)  
Old 08-01-2015, 02:01 PM
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Your very welcome.
Yes he has his 820 now been here almost 2 years.

Do let us know which way you decide to go and all the best for your future

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  #28 (permalink)  
Old 11-02-2015, 07:34 PM
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Update: PMV

Hello!

Quick update for anybody interested: I just applied for our prospective marriage visa!

After my now fiancÚ/previous boyfriend initially wanted to go for the de facto partner visa, we changed our decision based on the fact that we simply did not have enough evidence to convince immigration that we were in fact a proper de facto couple despite being an actual couple for more almost 6 years.

I never thought I would get married at this age, but now that we agreed on it, I am truly overjoyed. The amount of support from family and friends is wonderful.

I will keep updating how everything is going, but the Berlin office takes 10 - 14 months to process so will take a while.

Feels so good though to FINALLY apply! My fiancÚ and I have been talking about it and collecting evidence for ages and to upload it all just feels great!

Wishing everybody continous success and happiness!

Will write again once CO is assigned! Wohooo!

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Last edited by Brausefrosch; 11-02-2015 at 07:45 PM.

  #29 (permalink)  
Old 03-23-2016, 08:49 AM
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Smile Help, please! & Update

UPDATE

It's been 5 months and we haven't heard anything. No CO assigned.

I moved to New Zealand on a working holiday to be closer to my fiancÚ in Australia. He has moved to Melbourne and started his first serious job. So with him only having 2-3 weeks leave per year, it made sense to be closer so I can see him every month instead of once a year.

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Last edited by Brausefrosch; 04-15-2016 at 11:30 PM.

  #30 (permalink)  
Old 07-12-2016, 09:33 AM
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FINAL UPDATE:

After 9 grueling, nail-biting months we received our prospective marriage visa on 12 July 2016!!!

My entry date is before 18 September, I'll say goodbye to New Zealand on 1 September and hello to Melbourne!

Thanks so everybody for the support and advice. We made the right decision with this visa.

Good luck to everybody still waiting or applying.

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