Having read quite a few of the threads and seen some of the excellent advice provided, I thought I'd register and tell you all my situation...in the hope of also getting some advice!
Myself (British) and my fiance (Australian) are based in the UK and have been together for 17 months. Although we are now engaged, we can not apply for a prospective marriage visa as we are getting married in Thailand in January 2009. So the de facto visa seems the way to go as we hope to move to Australia after the wedding.
We lived together independently between 15 September - 25 November 2007 (15 September was the earliest date we could move in together due to separate contractual rental agreements), then we visited my future in-laws in Adelaide (with me on a working visa) where we lived together, but also with them in their family home until end of February 2008. We then came back to the UK and have been living together since 5 March 2008.
Does anyone know whether our living situation above would count as 12 months together, if I applied on 15 September 2008? That is the only eligibility requirement I'm stressing about!
Also, I'm obviously trying to save costs (what with a wedding and potential migration approaching!) but can anyone recommend a Migration Agent in the London area, and if so, how much do they charge for their services?
There are probably more questions I want to ask, but there are so many things buzzing around my brain, I can't think of any just now!
My partner just got his de facto visa (he is English, I'm an Aussie). Seriously you don't need an agent, we didn't use one. If you send in the application they will tell you if there is not enough evidence and give you a chance to send more. Took three months from submission until the visa was granted.
I'm afraid I can't give you an answer about the 12 month thing but I'm sure someone out there will know the answer.
You shouldn't need an agent unless you have complicated circumstances.
I would have thought that properly presented your 17 months together would meet the 12 month requirement. I'd urge you to get plenty of Form 888s from your in-laws in Adelaide though.
Thanks for the info - have already got Form 888 from future in-laws and one of my fiance's friends, also in Adelaide.
I heard from Australia House today who said that 'If you are not married, you need to show that you are in a 'married-like' relationship. Married couples would normally live together, hence the requirement.' and 'The 12 month cohabitation requirement is mandatory and is one of the primary requirements you must meet. All other aspects of your relationship are taken into account as well however you must meet the 12 months cohabitation above anything.'
Myself (British) and my fiance (Australian) are based in the UK and have been together for 17 months. Although we are now engaged, we can not apply for a prospective marriage visa as we are getting married in Thailand in January 2009. So the de facto visa seems the way to go as we hope to move to Australia after the wedding.
Why can't you apply for a Prospective Spouse Visa?
You don't have to actually get married in Australia - you just have to have validated your visa (i.e. entered Australia) before you get married, and then you can get married anywhere (reference)
Why can't you apply for a Prospective Spouse Visa?
You don't have to actually get married in Australia - you just have to have validated your visa (i.e. entered Australia) before you get married, and then you can get married anywhere (reference)
Hi
We're based in London so that would mean having to fly to Australia (to validate), then fly to Thailand for the wedding, then fly back to Australia afterwards.
You can get cheap flights between Australia & Thailand - Tiger Airways for example fly from Darwin & Perth to Bangkok.
You could get the visa, and to validate fly to Darwin or Perth just before you get married, and then head to Thailand a couple of days later to get married before returning to Australia. Then you wouldn't need to worry about the 12-month requirement for a de facto (which DIAC tend to be strict about).
Thanks for your suggestion. I'll look into it, but I think I'm going to submit my de facto visa on Sept 15th. We'll still have 4 months before we leave for Thailand (and hopefully Australia!) so if all goes well, that should leave enough time. Hopefully I'll have everything I need for my application then to make the process go quicker!
Just hope the 3 months on holiday together during our time living together counts as part of the 12 month rule!
