12 Month clarification - COntinuous or not?

[richy richy]

Hi All
I have read all the interesting facts on Partner visas on this forum and am confident we have relevant evidence I just have a query with regard to the 12 month requirement and whether it is continuous or total?
An approximate time line of my status is below:

• August 2010 - de facto relationship started
• [11 months living together in defacto relationship]
• July 2011 - Nov 11 - returned home due to visa expiry but remained in contact with partner (older mother also had operation so I was also looking after her rehab and have a doctors certificate)
• [4 month physically apart]
• Nov 11 - present - Arrived back in oz and living with defacto partner again.
• [2 months living together in defacto relationship]

All up we have therefore been together 16 months but I was away for 4 of those so does that count as 12 total or does it have to be continuous 12 months? This is obviously quite hard with visa restriction/types - I am currently on an ETA and they only last 3 months so will have to look at leaving in Feb and maybe flying back but this just becomes a hassle as we have our application in order now!
From my research/understanding it is to be a total of 12 months and includes the previous 12 months from application. We are in NSW so we could register our relationship as I also understand this allows DIMIA to bypass the 12 month rule although you still have to have the relevant information/evidence also!
Thanks
RR

[llessur]

Hi All
I have read all the interesting facts on Partner visas on this forum and am confident we have relevant evidence I just have a query with regard to the 12 month requirement and whether it is continuous or total?
An approximate time line of my status is below:

• August 2010 - de facto relationship started
• [11 months living together in defacto relationship]
• July 2011 - Nov 11 - returned home due to visa expiry but remained in contact with partner (older mother also had operation so I was also looking after her rehab and have a doctors certificate)
• [4 month physically apart]
• Nov 11 - present - Arrived back in oz and living with defacto partner again.
• [2 months living together in defacto relationship]

All up we have therefore been together 16 months but I was away for 4 of those so does that count as 12 total or does it have to be continuous 12 months? This is obviously quite hard with visa restriction/types - I am currently on an ETA and they only last 3 months so will have to look at leaving in Feb and maybe flying back but this just becomes a hassle as we have our application in order now!
From my research/understanding it is to be a total of 12 months and includes the previous 12 months from application. We are in NSW so we could register our relationship as I also understand this allows DIMIA to bypass the 12 month rule although you still have to have the relevant information/evidence also!
Thanks
RR

As far as I know it shouldn't be a problem - as long as you are able to provide evidence of a genuine reason for separation and then continued contact with your OH during this period (phone bills, Skype records etc) then it should hopefully be fine.

I'm sure someone more knowledgeable than me will provide more information soon Best of luck with it all!

[richy richy]

Thank you kindly.

Major reason I left was I was on a 12 month tourist visa so I left as it expired! Therefore I was trying to be honest and stick to immigration law, hope this doesnt come back to bite me in the bum!

My mam had an operation back in the UK so I helped out there for a while before coming back - although it was nr 4 months so probs a long time but I figured now I am back it is for good and might not be back to the UK for a while!! We do have skype records etc. Not many phone bills as I used a card mainly from the UK as it is so much cheaper....

Any further help/feedback greatly appreciated!

[llessur]

Thank you kindly.

Major reason I left was I was on a 12 month tourist visa so I left as it expired! Therefore I was trying to be honest and stick to immigration law, hope this doesnt come back to bite me in the bum!

My mam had an operation back in the UK so I helped out there for a while before coming back - although it was nr 4 months so probs a long time but I figured now I am back it is for good and might not be back to the UK for a while!! We do have skype records etc. Not many phone bills as I used a card mainly from the UK as it is so much cheaper....

Any further help/feedback greatly appreciated!

No probs at all - if you're worried about the time apart then you could try speaking to a registered migration agent (there are a few active on this forum, as well as many others) - most I think will do an initial 15ish mins consultation free of charge. Might be worthwhile?

[richy richy]

No probs at all - if you're worried about the time apart then you could try speaking to a registered migration agent (there are a few active on this forum, as well as many others) - most I think will do an initial 15ish mins consultation free of charge. Might be worthwhile?

Thanks for the heads up!

I think it looks good as under my understanding we have the 12 months in total - even though we were apart for 4 months!

Any onther clarification?

Have a great xmas all!

RR

[guest32487]

Thanks for the heads up!

I think it looks good as under my understanding we have the 12 months in total - even though we were apart for 4 months!

Any onther clarification?

Have a great xmas all!

RR

It's a 12 month defacto relationship requirement - not a 12 month living together requirement. Therefore you have 16 months of a defacto relationship. Provided your relationship did not end during the 4 months you were apart it is counted as part of the relationship.

[richy richy]

Thanks for that Peach.

Just to clear up - i was home for 4 months but we skyped (although used daughters skype due to age and we dont really use that stauff at 60!) had some phone calls but I used a card and therefore not the best evidence but also emailed.

Reason I stayed home for 4 months was to look after sick mother but we remained in contact.

I was unsure about whether above would suffice which was why I was thinking do I have the full 12 months?

Any input/advice appreciated.

RR