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Hi I am coming to live and work in Perth on a sponsorship 457 visa in Sept/Oct 2011, this will soon be applied for the company employing me. Once I gain my 457 visa I would like my transgender girlfriend to be added to it as a defacto partner. Our situation is somewhat unique though and trying to find out if this is a possibility is proving very difficult. I am British, male 31. My partner is 22 Filipino and Male. The facts: We are in a same-sex relationship, I am male and my partner male but transgendered and living as a female. We met on an internet dating sate in April 2010. I lived in the uk and my partner lived in Italy. I flew out to Italy in May 2010 so our relationship I assume officially began from then. Between May 2010 and Jan 2011 I travelled to Italy at least once a month (sometimes twice) to visit my partner in Italy. We have full records of all flights/hotels/photos. We also had 3 short breaks to Eurodisney Paris, Tuscany & Rome, again which we have records of. This year we have been on vacation to Verona and Sabbiadoro in Italy, not sure if this is relevant but we have records of these trips as a couple. My partner was granted a six month visa for the UK in November 2011 and has travelled to the UK twice to meet my family and friends. We have photos & records of flights/visa docs to prove this. Whilst in our "long distance" relationship we continued to stay in touch virtually everyday via internet and telephone. We have full records of our conversations that record our internet communication (700 pages of A4 paper) and records from October 2011 to Jan 2011 for using a long distance phone service. I left my job in the UK and emmigrated to Italy in Jan 2011 to live with my partner. Because of the language barrier (I didn't speak Italian) this has caused massive difficulties in me finding work in Italy. We have lived at my partners family home with her mother since Jan 2011 to date (approx 8 months). I am now resident in Italy and no longer resident in the UK, this is obviously a large commitment I made towards our relationship so we could live together. I anticipated the difficulty in finding work in Italy and saved money to live on before I came (approx 6k euros), I've used this to pay her mother for rent. My partner also pays her mother rent and all our services are included in the rental fee and paid for directly by her mother so we don't have proof of joint utility bills for electric/gas etc because of this. We have however recently opened a joint savings account in preparation for my partner and I to save money to cover the costs of coming to Australia. We also have rent receipts produced. We also don't own a car as public transport is good here so don't have joint car documents. We do have lots of official paperwork though in seperate names to our address at my partners mothers house in Italy proving we've lived together. My partner speaks and writes fluent English her occupation is an apprentice hairstylist (with 3 years experience). Providing statements and witness statements of our relationship from friends wont be a problem. We want to, but can't register a civil partnership here, as Italian law doesn't recognise civil partnerships, does this grant us any special circumstance waivers? Although our relationship started in May 2010 I was previously married (but seperated for some time and awaiting divorce), my divorce was finalised in Jan 2010 before I moved to Italy. So technically I was still married whilst we were together in a relationship. Will this have a negative effect on the way our relationship is viewed for the period? e.g. will they only consider our relationship from the date of my divorce. Q 1) I am concerned whether the defacto visa is the right one for us at this stage and because of the 12 month cohabiting rule that we don't meet (at the moment) and looks extremely strict..... or is our case so unique that we have a good chance of being accepted? Q 2) Or would a better option be for my partner to apply for a tourist visa to come and "visit" me in Australia and live together there making up the shortfall of time cohabiting? If we did this, would the time spent living together on my partners tourist visa count so we meet the 12-month cohabiting rule thus enabling us to apply for a defacto visa eventually? Q 3) Are there any other better options? Please help! All the information I'm getting conflicts!!!!!!!!! thx Leonard
Hi all, Am trying to get some assistance in my complicated relationship.. My partner and I have been in a relationship for 6.5 years. However, we lived in a conservative asian country, hence living together is out of the question. plus she was studying in sydney for the past 4 years, so we've been maintaining a long distance relationship for the last few years. Now she's working in Adelaide, and im hoping to apply for a defacto on her 457.. but i understand that there's a strict living together for 6 months rule on the 457.. has anyone successfully gotten a defacto without living together? (i have a pending 475 application, but immigration's not processing my application due to the priority processing!) We have pictures and travelled together. We can get statements from friends and family.. but we do not have evidence of living together, even though i live with her whenever i visit her over the past 4 years.. anyone can help shed some light.. it would be great! thanks! Tiff
We are hoping that someone can give us some help here. My partner and I commenced our relationship in May 2009 but she had to leave Oz due to threats from my ex-husband... she came back to Oz on a 3 mth ETA in July 2009. We have been living together ever since. On expiry of her 3mth ETA we applied for a 12 mth long stay visa with me as her financial sponsor. We have applied for her police clearance and once this is through are looking at applying for the defacto visa.. Our question is ? Has anyone else been granted a defacto visa from a Long Stay Tourist Visa (676)? We are well aware that oz immigration recognises same sex couples but not sure about the application for a defacto visa directly from a Long Stay 676... has anyone else applied from a 676? We have been advised that under special circumstances the 12 mth living together period can be waived if you can prove you have been in a committed relationship for 12 mths? Any advice on this? In addition, what happens if at the end of her Long Stay .. in July 2010... can she travel to NZ and apply for an additional 3mth ETA to allow us to finalise the Defacto Visa process? We are scheduled to see an Immigration Lawyer on receipt of her Scotland Yard check but any tips./hints/advice in the interim would be greatly appreciated. Many Thanks