same sex De Facto + Registered Relationship

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same sex De Facto + Registered Relationship

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Old 06-01-2011, 02:56 PM
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Join Date: Jun 2011
Location: Sydney
Posts: 68
Users Flag! From indonesia

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same sex De Facto + Registered Relationship

Hi guys, firstly my writing in English is not really good. So hope u guys could understand that.

Me and my partner (We are same sex) are going to apply for my permanent residency under spouse visa (Partner or de facto)...

Basic Information:
We are in Sydney (NSW)
I am currently hold student visa since 2008 till 2013 and my nationality is Indonesian.
My partner is Australian citizen.
I met him over internet, we chatted for few month and we end up met in person 1st January 2010, I moved in to his house in March 2011, and we will register our relationship soon.
He is living and sharing with his mother, uncle and a friend in 4 bedroom houses, before I move in to his house.
We have opened joint account since May 2011 (just new).

My question:
1. When is the best time for me to submit the application for PMV?
2. Do I have to wait for 1 year living together, before we submit the application if we are going to register the relationship?
3. Do I have to wait till my study nearly finishes before applying this visa?
4. My birth certificate only have my motherís name without my fatherís name, will that be a problem? ( as they mentioned ď a certified copy your birth registration showing both parentís names)
5. For medical check up and police check, does my partner need too?
6. How do I show me and him that we maintain the nature of household, if he is ranting this house before me moved in and all bills is under his mum name?
7. At the moment He has a permanent full time job for over 2 years, but he hasnít done his tax return for over 10 years (He owned a business before). Will this become a disaster for him and me?

So far these are all things I could think off and worry for, maybe some more in the future. I am looking forward to hear all opinions from you guys. Thanks

  #2 (permalink)  
Old 06-02-2011, 06:38 AM
Join Date: Dec 2009
Posts: 895
Users Flag! From australia

88 likes received
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Hi there,

I'll try to answer as many questions as a I can. If you haven't already, you should read the partner booklet available from the DIAC website. It has a lot of useful information, especially about what kind of evidence to submit.

Q1. As a same-sex couple, you can't apply for a PMV. This is a prospective marriage visa that can only be applied for by overseas applicants who are engaged to be married. You can lodge your de facto application at any time if you register the relaitonship and have it approved first.

Q2. If you register the relationship, this should waive the 1 year living together.

Q3. You can submit your application while you are still on the student visa. When the student visa expires you will automatically get a bridging visa with the same visa conditions as the student visa. This bridging visa will let you stay in Australia until a decision is made on the de facto visa.

Q4. You may need to use another form of identity, like your passport plus the birth certificate. Is there any reason it only has your mother's name? You may need to explain to the case officer when you apply why it only has your mother's name.

Q5. Only you have to get the medical and police checks.

Q6. Your partner's mum can write in her statement supporting the relationship that you lived with her and how you both contributed to the household. She can also explain the situation re bills in her name. You can use bank statements to show payments you made to your partner or to his mum for household things as well.

Q7. Well, your partner must show proof of employment for the past 2 years. So, if he doesnt' have a tax return he has to get a letter from his employer to show how much he has earnt. DIAC doesn't investigate a sponsor's tax situation, but I think he really ought to get that sorted out just in case. I would be careful about telling DIAC about him not having filed tax returns for such a long time.

I hope this helps. You should also look at the relevant sticky threads at the top of the visas forum about registering the relaitonship and gathering de facto visa evidence, and how to present the application.


Last edited by aussiegirl; 06-02-2011 at 06:41 AM.

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