Living and Working in Australia Forum With Immigration and Travel Information

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-   -   Partner Defacto 12 months (https://www.australiaforum.com/visas-immigration/99378-partner-defacto-12-months.html)

crazey 12-22-2014 11:03 PM

Partner Defacto 12 months
 
Hi. My partner and I are applying for a partner visa under the defacto 12 month rule. However we have only lived together for 7 months.

We actually made our decision for a shared life together 13 months ago but could not move in together due having separate leases to complete.

In those 5 months she stayed at my house regularly, I took her interstate to meet my family (have photos & stat dec from family), went to China to meet her family, and then after returning from China we applied and got a rental home and started living together.

I'm worried that it is difficult to prove that we were any more than boyfried / girlfriend during this period. The timeline of events is basically:
- we dated for 6 months
- decided to share lives together and booked trip to visit my parents for Christmas
- she stayed at my home regularly over next couple of months. our separate rentals are quite far apart.
- went to visit her family in China
- returned and looked for rental and moved in together

Does anyone have any advice as to whether this is pushing our luck or are we a chance with some solid statements from ourselves and family?

Thanks for any tips! :)

IndyMama 12-22-2014 11:11 PM

I think you'll need some kind of proof of starting your life together 13 months ago - did you get engaged? Register your relationship? Otherwise, I think it's really a big chance DIBP will only consider your 7 months living together.

Helene 12-22-2014 11:22 PM

Hi Crazey

Unfortunately if you don't have proof of living together, such as lease or common bills this will be consider dating and your application is very likely to be rejected (some people have been rejected under that rule even though they had proofs of living together for 11 months and a couple of weeks..)

Pictures of each other with each other family will be great as a proof of genuine relationship, but not relevant for a proof of living together :(

Becky26 12-22-2014 11:24 PM

DIBP is very strict on the 12-month living together rule if you're not married or have not registered your relationship. Some of the cases have even gotten their application rejected because they were short of 1 day of 12 months. So I'd be thinking over the idea of applying with 7 months living together as DIBP might consider the previous 6 months of your relationship as dating and that could become the reason of rejection.

Maybe get your relationship registered if you haven't already (SA and WA don't register relationship), that way the 12 month living together requirement will be waived.
Having said that, you'll still need a very strong application to convince DIBP.
Hope this helps. Good Luck!

Kind Regards,
Becky

Mish 12-22-2014 11:27 PM

Where you have separate houses and just stay at each other's house DIBP will view this as dating and it will not be considered de facto. You need to be living together with bills, lease etc together.

Where do you live? Perhaps registering the relationship is an option?

red08 12-22-2014 11:28 PM

Hi , is anyone here have any idea if we are eligible to any partners visa , I am currently under Bridging visa class A since february 2014 my partner is an australian citizen , we've been living together for 13 months now , but he is still married with his wife but they are living separately for 4 years .. our relationship is turning 3 years this february 2015 and i am currently 4 weeks pregnant .. Is there any chance we can apply any partners visa onshore ?

Runa 12-22-2014 11:35 PM

Dude it sounds like just dating from DIBP point of view. I would not risk it, especially when it's only been 7 months (it's waaay off the 12 months requirement of living together - needs proof).

crazey 12-22-2014 11:48 PM

Wow thanks for all the advice everyone! Though this might be the case.

We had an interview with a migration agent (AMS) recently who said they would be able to do the 12 months defacto in our situation. However as I work for the Aus government I wasn't keen on paying them $4000+ to lodge the app for us so am doing it ourselves. So this was why we were heading this direction.

Also, we just heard about the application fee with immigration is going up about $2000 from 1 Jan 2015 so have been aiming to apply prior to this.

We are applying for Vic gov defacto registration however this will take at least 28 days (beyond 1 Jan). But I think this is what we will do. We have strong evidence for genuine and ongoing it was just the 12 months we struggled with and I guess the agent gave us a false sense of hope :)

Thanks again everyone - very glad we asked and you are all so helpful (and fast!)

Becky26 12-23-2014 12:01 AM

Quote:

Originally Posted by crazey (Post 707826)
Wow thanks for all the advice everyone! Though this might be the case.

We had an interview with a migration agent (AMS) recently who said they would be able to do the 12 months defacto in our situation. However as I work for the Aus government I wasn't keen on paying them $4000+ to lodge the app for us so am doing it ourselves. So this was why we were heading this direction.

Also, we just heard about the application fee with immigration is going up about $2000 from 1 Jan 2015 so have been aiming to apply prior to this.

We are applying for Vic gov defacto registration however this will take at least 28 days (beyond 1 Jan). But I think this is what we will do. We have strong evidence for genuine and ongoing it was just the 12 months we struggled with and I guess the agent gave us a false sense of hope :)

Thanks again everyone - very glad we asked and you are all so helpful (and fast!)

I have read that you can maybe upload the receipt from the registration that the BDM Victoria until you get your registration certificate.
I think you should apply for the registration before applying for the visa that way the receipt will be dated prior to the application and as many seniors have shared, you have 28 days to upload all the evidence, the sooner the better :)
Seniors, please correct me if I'm wrong, Thanks!
Hope this helps. Good Luck!

Kind Regards,
Becky

crazey 12-23-2014 03:56 AM

Thanks Becky, will do some more reading on it, interesting if the state gov defacto app doesn't need to be finalised when we apply for visa, and is backdated..


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