the meaning of de facto relationship

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the meaning of de facto relationship


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Old 07-01-2011, 04:32 PM
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Cool the meaning of de facto relationship

hey guys,

thanks for all the good questions raised in this forum.

i was wondering if anybody could define de facto relationship? you see my case is this:

I've been with my partner for 3 years and 1 month and this is the time we've been exclusive to each other, but we've been only living together for 2 years as the rest of the time we were spending our time house hunting and was not able to find a place to live together for a whole year, but we have been seeing each other almost everyday and had travelled together during the year that we were apart and was committed to each other

I understand that if my partner and I have been in a de facto relationship together for more than 3 years on lodgement date, they can approve directly permanent residence (subclass 801/100). but since we spent such a long time looking for a place to set up our nest, is this still possible?

thank you all for your help in advance.


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Old 07-01-2011, 05:03 PM
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It is definately still possible to show that you were in a commited relationship before you actually started living together, especially if the time was spent looking for a house which demonstrates a shared financial commitment.

Also if you can demonstrate that you still saw each other every day then that would probably be counted towards the 3 years, rather than a couple who had been communicating in separate countries.

I may be wrong !


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Old 07-01-2011, 05:30 PM
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thanks for your reply SarahM.

we have plenty of communication during the time we were living apart with our parents... MSN and telephone conversation logs.. etc.. so i hope that could justify the parting during that year...

re the financial part - im a little worried too.. i am the australian in the case and my partner is the foreigner and is more financially capable, and is the one who paid for most stuff (including the house) and the house is in my partner's name and i'm living in it... although i have things sent to me at the address and definitely enough prove to show that we had lived together...
however, i'm just afraid its gonna look like my partner is kinda "paying me" to gain the visa to live in australia (which is definitely not the case) and is not "sharing" the finances... (it also looks like the australian is suppose to "sponsor" the applicant too...) anybody have any further advice on this?


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Old 07-01-2011, 09:06 PM
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Quote:
Originally Posted by homeboy0312 View Post
thanks for your reply SarahM.

we have plenty of communication during the time we were living apart with our parents... MSN and telephone conversation logs.. etc.. so i hope that could justify the parting during that year...

re the financial part - im a little worried too.. i am the australian in the case and my partner is the foreigner and is more financially capable, and is the one who paid for most stuff (including the house) and the house is in my partner's name and i'm living in it... although i have things sent to me at the address and definitely enough prove to show that we had lived together...
however, i'm just afraid its gonna look like my partner is kinda "paying me" to gain the visa to live in australia (which is definitely not the case) and is not "sharing" the finances... (it also looks like the australian is suppose to "sponsor" the applicant too...) anybody have any further advice on this?
I wouldn't worry about your financial situation. I am in the same position with my boyfriend - I am the sponsor, he is the applicant and he the key breadwinner. We have joint savings and have provided evidence that we have ample savings to support our move to Australia. Think about it this way, most people in a defacto relationship or marriage don't split their income down the middle, it is shared. You will be fine


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Old 07-01-2011, 09:21 PM
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Quote:
Originally Posted by julianne View Post
I wouldn't worry about your financial situation. I am in the same position with my boyfriend - I am the sponsor, he is the applicant and he the key breadwinner. We have joint savings and have provided evidence that we have ample savings to support our move to Australia. Think about it this way, most people in a defacto relationship or marriage don't split their income down the middle, it is shared. You will be fine
Same sort of situation for myself - I'm the Australian and my partner is the foreigner, except that he doesn't have a job and I have paid for 80% of all expenses. It doesn't pose any problem being in these sorts of financial relationships, it's a good sign that one partner is willing to support the other because the other can't.


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Old 07-02-2011, 04:40 AM
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A good defination of De facto relationship is found here De facto relationships but for purposes of your visa application you may wish to refer to Australian Immigration Fact Sheet 35. One-Year Relationship Requirement

No two relationships are the same when it comes to financial arrangements - many relationships have only one breadwinner.

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Old 07-04-2011, 03:08 PM
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thanks everybody, i feel better now!


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Old 07-22-2011, 10:09 AM
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Hi everyone,

I was hoping I could get some advice on the topic of "de facto requirements" which is more suitable to my personal situation. My partner and I have been in a committed relationship for over 4 years during which time we sometimes lived together and sometimes apart (as visas permitted). We have been living together in Germany (his native country) for a year and are hoping to start getting our partner visa sorted so that we can live together on a permanent basis in Australia (I am an Australian citizen). The one concern that I have about meeting the one-year de facto requirement is that we lived together with my partner's parents for the first four months while we looked for an apartment. Will the time we lived together with his parents still count, or will we have to wait another four months before we are eligible to apply? Will they take into account that we have lived together for extended periods on previous occasions as well? Your advice would be very much appreciated.

As a side note, I am also worried about my eligibility as a sponsor as I have been unable to work while in Germany due to visa restrictions and have been living from my savings. I am required to give proof of income for the past two years but as I mentioned, I have not worked in the past year and before that I was completing my studies and worked only on a casual basis. As a result, my earnings for the past two years are very low. I am trained as a sleep technologist and have worked full-time in that role previously. Would they accept a copy of my contract from that time as an indicator of my earning potential? Unfortunately my partner is doing an internship and only earns 1000 euros per month after tax. We both have some savings (he has around 10, 000 euros) and I have around AU $8000. I know that's nothing for two years but would they consider that sufficient to get set-up? My parents will happily provide us with accommodation until we can take care of ourselves. Any information regarding my eligibility as a sponsor would be appreciated. Thank you!!!!


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Old 07-22-2011, 12:44 PM
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Hi,

Quote:
Originally Posted by miniature.moose View Post
Will the time we lived together with his parents still count, or will we have to wait another four months before we are eligible to apply? Will they take into account that we have lived together for extended periods on previous occasions as well?
Yes yes yes . As long as you lived together for the whole 12 months it doesn't matter in whose house you were living. This I am sure of. I have been living with my partner in my mother's house for the past year, and I know so many who live with their partners and their parents or in shared accomodation.

A de facto relationship is one where you are commited to a life exclusively with your partner, it is a marriage-like relationship - how can living with your mum,dad, or friend change your relationship with your partner? It can't

Of course, in the visa application you have to include statements detailing the history of your relationship, so you will be able to describe how you've been together since you met. If you live in the ACT, VIC or NSW you should consider regitering your relationship at BDM because it's just a good thing to have if you're not married, and also it means you don't have to wait the 12 months before lodging your application (it waives this requirement).

Quote:
Originally Posted by miniature.moose View Post
As a side note, I am also worried about my eligibility as a sponsor as I have been unable to work while in Germany due to visa restrictions and have been living from my savings. I am required to give proof of income for the past two years but as I mentioned, I have not worked in the past year and before that I was completing my studies and worked only on a casual basis. As a result, my earnings for the past two years are very low.
They ask you to provide proof of income yes, but that does not mean the visa will not be granted if you haven't earnt enough money. Immigration will ask you to provide an assurance of support (a friend or relative can do this for you) if they think you don't have the income, which means that someone who does have enough money can promise to support your partner financially if he needs it.

This has been discussed extensively on this thread:
http://www.australiaforum.com/visas-...e-support.html

Also, please please please read the partner migration booklet with all the most important information about the partner visa:
http://www.immi.gov.au/allforms/booklets/1127.pdf

All the best

moveforward and Mari like this.

Last edited by SarahM; 07-22-2011 at 12:57 PM.

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Old 07-23-2011, 06:46 AM
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Thanks a lot for the fantastic advice, SarahM!! You've certainly put my mind at ease. My German visa expires in a couple of months and it would've been much harder to apply while apart from my partner. I have read the migration booklet, it's great that they provide something like that (getting information on visas in Germany is a nightmare in comparison) but I just read a definition of de facto yesterday that threw me a little. I think it was on the immi.gov.au website. Anyway, my fears have been alleviated thanks to your informative and helpful post. Thanks again! I'm already glad I signed up here.


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