gingermelon22 Posted January 5, 2013 Share Posted January 5, 2013 hey everyone, i was just wondering if anyone had an experience with defacto applications. i am thinking about lodging in april but am pretty sure that it will be rejected based on the fact that me and my OH do not have 12 months evidence. so what i would really like to know is if it is rejected and i appeal it will i only be appealing the original application or can i use new evidence that ive gathered since it was originally lodged. any help you can give me on this will be greatly appreciated:) thx Tracey Link to comment Share on other sites More sharing options...
AJ Posted January 5, 2013 Share Posted January 5, 2013 So what is the point in lodging it? Wait till you have 12 months. Link to comment Share on other sites More sharing options...
gingermelon22 Posted January 5, 2013 Author Share Posted January 5, 2013 hi aj, i cant wait im on a working hol visa and it expires in april Link to comment Share on other sites More sharing options...
nycplanner Posted January 5, 2013 Share Posted January 5, 2013 I don't think you'll be able to appeal the decision if it's rejected because you haven't been together for 12 months before the date of application. Link to comment Share on other sites More sharing options...
gingermelon22 Posted January 5, 2013 Author Share Posted January 5, 2013 so you dont think they would take our new evidence into consideration? Link to comment Share on other sites More sharing options...
nycplanner Posted January 5, 2013 Share Posted January 5, 2013 The requirement is that you must have been together for 12 months before the date you apply for the visa. If the new evidence is based on proving the relationship beyond the date on which you apply for the visa, it won't be taken into consideration. Link to comment Share on other sites More sharing options...
AJ Posted January 5, 2013 Share Posted January 5, 2013 If you dont have 12 months then you dont meet the conditions for the visa. Cant you get a 2nd working holiday visa? Link to comment Share on other sites More sharing options...
Petals Posted January 5, 2013 Share Posted January 5, 2013 If you overstay they will ask you to leave the country. This happened to my daughters friends oh, his parents were living here and his sisters but made no difference. They both left and returned to UK and stayed over there for the time needed for him to apply and in the meantime they got married in the UK. They are now back settled here in Aus. Sorry there is no quick fix for these things, protocol has to be followed for everyone. Link to comment Share on other sites More sharing options...
gingermelon22 Posted January 5, 2013 Author Share Posted January 5, 2013 thats what im on now:( Link to comment Share on other sites More sharing options...
nycplanner Posted January 5, 2013 Share Posted January 5, 2013 You may already be aware of this, but if you and your partner were to get married, the 12 month requirement wouldn't apply. Link to comment Share on other sites More sharing options...
blossom Posted January 5, 2013 Share Posted January 5, 2013 How far off will you be when your visa runs out. Link to comment Share on other sites More sharing options...
gingermelon22 Posted January 5, 2013 Author Share Posted January 5, 2013 at least 2 months.we dont have pictures together till june.i have explored every avenue imaginable.im not willing to lodge it offshore as ive been told that it can take up to 12 months and i cant go home for a couple of months and come back because then i will only have a tourist visa and cant work.my only valid option i thought was to lodge it b4 my hol visa runs out and when it does get rejected i hoped taht i could just add to my application as opposed to just appealing the original one. Link to comment Share on other sites More sharing options...
cappuccino Posted January 5, 2013 Share Posted January 5, 2013 If you're in a state which allows you to register your relationship, I believe this would also waive the 12 month requirement. If you are, be aware that you need to do it sufficiently ahead of your application so you have received your relationship certificate to send with your applcation, as there's a 30 day 'cooling off period' before it is sent out and your relationship is not fully registered in that period. Link to comment Share on other sites More sharing options...
ramot Posted January 5, 2013 Share Posted January 5, 2013 If you're in a state which allows you to register your relationship, I believe this would also waive the 12 month requirement. If you are, be aware that you need to do it sufficiently ahead of your application so you have received your relationship certificate to send with your applcation, as there's a 30 day 'cooling off period' before it is sent out and your relationship is not fully registered in that period. You can definitely register your relationship in NSW, my daughter did this after 6 months with her partner. Don't know about other states. If you are in a state that allows this, then register, get everything else ready and as soon as you have received your certificate and cover the 30 days cooling off period you should hopefully be able to lodge for a partner visa. You do need your full birth certificate from UK if British. The short one isn't accepted, and as my daughter's has gone astray!!! in the post if applicable get it sooner rather than later. Good luck. Link to comment Share on other sites More sharing options...
nycplanner Posted January 5, 2013 Share Posted January 5, 2013 If you're in a state which allows you to register your relationship, I believe this would also waive the 12 month requirement. If you are, be aware that you need to do it sufficiently ahead of your application so you have received your relationship certificate to send with your applcation, as there's a 30 day 'cooling off period' before it is sent out and your relationship is not fully registered in that period. This is true. However (and I don't know if this is true in other states), in Victoria, you can only register a relationship if both parties have been "ordinarily resident" in the state for 12 months or more. Link to comment Share on other sites More sharing options...
blossom Posted January 5, 2013 Share Posted January 5, 2013 You do have more evidence than just photos don't you? That is probably the least important evidence as it is easy to take a load of photos and say they are old. Do you have joint bank accounts, lease etc? Link to comment Share on other sites More sharing options...
Rupert Posted January 5, 2013 Share Posted January 5, 2013 You can definitely register your relationship in NSW, my daughter did this after 6 months with her partner. Don't know about other states. If you are in a state that allows this, then register, get everything else ready and as soon as you have received your certificate and cover the 30 days cooling off period you should hopefully be able to lodge for a partner visa. You do need your full birth certificate from UK if British. The short one isn't accepted, and as my daughter's has gone astray!!! in the post if applicable get it sooner rather than later. Good luck. Did your daughter have success in getting the partner visa without 12 months cohabitation? I am just interested to find an example of this for future reference, because I have not come across one so far. I am not doubting it by the way, I just have not ever seen anyone do it. Link to comment Share on other sites More sharing options...
blossom Posted January 5, 2013 Share Posted January 5, 2013 Did your daughter success in getting the partner visa without 12 months cohabitation? I am just interested to find an example of this for future reference, because I have not come across one so far. I am not doubting it by the way, I just have not ever seen anyone do it. Agreed, it is one of those things people talk about, but nobody seems to have done it. Link to comment Share on other sites More sharing options...
Rupert Posted January 5, 2013 Share Posted January 5, 2013 at least 2 months.we dont have pictures together till june.i have explored every avenue imaginable.im not willing to lodge it offshore as ive been told that it can take up to 12 months and i cant go home for a couple of months and come back because then i will only have a tourist visa and cant work.my only valid option i thought was to lodge it b4 my hol visa runs out and when it does get rejected i hoped taht i could just add to my application as opposed to just appealing the original one. You not being willing might be too bad ... you might not have a choice. Of course you cannot lodge an application knowing you don't met the criteria and then later it appeal it because you do by then meet the criteria. Do your three months of regional work and get another WHV, you still have time. Or get married. Link to comment Share on other sites More sharing options...
gingermelon22 Posted January 5, 2013 Author Share Posted January 5, 2013 hi blossom, yes we do have a joint bank account and i do have my boyfriend addeda s a beneficiary on my superanuation account but thats about it rally.we are only subletting so we dont have rent agreements Link to comment Share on other sites More sharing options...
gingermelon22 Posted January 5, 2013 Author Share Posted January 5, 2013 no im in perth and as far as i know you cant do that here. Link to comment Share on other sites More sharing options...
blossom Posted January 5, 2013 Share Posted January 5, 2013 How long have you had the joint bank account? IF you can register your relationship then that would be your best bet. If you can't though you are going to have to work far harder to prove you have been living together for a year. Having a visa refused can look bad for future visas as you have to declare it. You really don't want that. Could you afford to study for a few months? Link to comment Share on other sites More sharing options...
Petals Posted January 5, 2013 Share Posted January 5, 2013 You will also have to provide statutory declarations from others as the basis of your relationship, even though my dauhter's friend married her man they still needed them and my daughter had to forward to them. This was probably because the guy had overstayed his visa done everything he should not and in these cases the immigration department want a lot of proof of relationship. He was out here on a student visa. Link to comment Share on other sites More sharing options...
ramot Posted January 5, 2013 Share Posted January 5, 2013 Did your daughter have success in getting the partner visa without 12 months cohabitation? I am just interested to find an example of this for future reference, because I have not come across one so far. I am not doubting it by the way, I just have not ever seen anyone do it. She was on a 457 visa, after a WHV, and there were problems with her job, so they registered their relationship and started to get the partner visa together. She managed to hold onto her job, which had been in doubt, until they had known each other just over the year. However they have only lived together since March last year, so 9 months. Lodged their partner visa at the end of dec, just before the cost went up, and she has been granted bridging visa A with no conditions. Still slightly confused about the conditions though as she has left her job. She was, is?, on a 457, and although she can stay here now safely, it goes on about if her previous substantive visa had no travel restrictions, and she leaves the country then her bridging visa A is cancelled? and she has to apply again. I do understand about B Visa A as our son was on one for 3 years, and it was no problem to apply for Bridging visa B, but it doesn't read like that. Possibly she just has to stay here until her temporary partner visa comes through? I will read through the letter again and try to make more sense of it, but I only spoke to her yesterday, so she is going to find out more on monday from her agent. Also trying to find out if she can only get another job if sponsored or can work for anyone. The letter from immigration really isn't clear. Will let you know for others in the same situation. If any agent who posts on here can clarify the situation, it would help any one else who has problems with their 457 visa, wanting to get a partner visa exactly where they stand work wise if they lose their job. Link to comment Share on other sites More sharing options...
blossom Posted January 5, 2013 Share Posted January 5, 2013 Ramot, fingers crossed for your daughter. She will be the first one I have heard of using the registering relationship, rather than the years living together, to get the partner visa. As far as I know she would need to get another employer to sponsor her to work. And yes, she can get bridging visa b to leave, which reverts back to bridging visa a automatically after three months. They are just pointing out that just because her last visa let her come and go, this one doesn't. Link to comment Share on other sites More sharing options...
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