initforthemoney Posted June 28, 2013 Share Posted June 28, 2013 I'm pretty sure the answer to this one, but I'd like advice. I'm going to get back together with my Ex. She is Australian living in Oz, I'm from the UK and outside Oz having done 2 years of a WHV. We were living together for 15mths and have been apart about 1 year. I'm reckoning its impossible to apply for a de facto visa and have it granted? I also have a degree that would fit on the skills list, but no experience in the field. Any advice Link to comment Share on other sites More sharing options...
Peach Posted June 28, 2013 Share Posted June 28, 2013 Pretty much impossible, unless you can prove the relationship was ongoing (and defacto) during the year you weren't in a relationship with her. Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted June 28, 2013 Share Posted June 28, 2013 Peach is right...you are really going to struggle. You need to have been in a defacto relationship for the 12 months prior to applying for the visa...so by your own admission this wasn't the case. It doesn't matter how long you had been together previously, it's the most recent 12 months that count. Look for other options, the defacto spouse visa isn't really an option at the moment. Link to comment Share on other sites More sharing options...
initforthemoney Posted June 28, 2013 Author Share Posted June 28, 2013 Cheers mate, was pretty sure of that. Have to find another way. when you say "relationship was ongoing (and defacto)" What does the defacto bit actually mean? Link to comment Share on other sites More sharing options...
Peach Posted June 28, 2013 Share Posted June 28, 2013 defacto, roughly means in a relationship as man and wife, but not married. More than dating. Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted June 28, 2013 Share Posted June 28, 2013 Cheers mate, was pretty sure of that. Have to find another way.when you say "relationship was ongoing (and defacto)" What does the defacto bit actually mean? Defacto essentially means you have the same level of commitment to each other as a married couple, but you haven't gone through the legal ceremony. You need to prove this with evidence from each of the 12 months with documentary proof such as joint mortgage statements, joint bank accounts, utility bills in both names, shared car insurance, wills, and any other official/financial documents putting both of you together. Link to comment Share on other sites More sharing options...
Lila UK Posted June 28, 2013 Share Posted June 28, 2013 Defacto essentially means you have the same level of commitment to each other as a married couple, but you haven't gone through the legal ceremony. You need to prove this with evidence from each of the 12 months with documentary proof such as joint mortgage statements, joint bank accounts, utility bills in both names, shared car insurance, wills, and any other official/financial documents putting both of you together. Thanks George. Can you also apply as defacto if one of the Is Australian and applied for a "relationship certificate" from Australia? I think that counts as part of the evidence if you don't have the full year evidence? Am I right? Link to comment Share on other sites More sharing options...
lebourvellec Posted June 28, 2013 Share Posted June 28, 2013 Thanks George. Can you also apply as defacto if one of the Is Australian and applied for a "relationship certificate" from Australia? I think that counts as part of the evidence if you don't have the full year evidence? Am I right? Different states have different rules regarding registering the relationship, but you would both have to be in Australia to be able to do this. Some have to be living in the state for 12 months before you can register the relationship. It can waiver the 12 month relationship requirement but will still have to produce evidence that the relationship is genuine and ongoing. Registering the relationship is not enough on its own. Link to comment Share on other sites More sharing options...
Lila UK Posted June 28, 2013 Share Posted June 28, 2013 Different states have different rules regarding registering the relationship, but you would both have to be in Australia to be able to do this. Some have to be living in the state for 12 months before you can register the relationship. It can waiver the 12 month relationship requirement but will still have to produce evidence that the relationship is genuine and ongoing. Registering the relationship is not enough on its own. Thanks Lebourvellec! Your answer is really helpful. Have a nice day! Link to comment Share on other sites More sharing options...
initforthemoney Posted July 11, 2013 Author Share Posted July 11, 2013 If was abroad travelling and she had stayed in Oz. All I would have would be emails...Because we have been emailing, but i imagine these emails need to full blown love letters and talk of when come back....? Link to comment Share on other sites More sharing options...
initforthemoney Posted July 11, 2013 Author Share Posted July 11, 2013 I mean does immigration accept emails as the only evidence? Link to comment Share on other sites More sharing options...
lebourvellec Posted July 11, 2013 Share Posted July 11, 2013 I mean does immigration accept emails as the only evidence? No - Evidence of your relationship There are 4 broad categories of evidence that you need to provide: • fi nancial aspects; • the nature of the household; • social context of the relationship; and • the nature of your commitment to each other. http://www.immi.gov.au/allforms/booklets/1127.pdf - see page 39-41 for the types of evidence that you require to submit. Link to comment Share on other sites More sharing options...
kmarees1986 Posted July 11, 2013 Share Posted July 11, 2013 Register your relationship (if you can) and start gathering all your communication now. Skype, viber, whatsapp, facebook ect logs/screenshots. Add each other as beneficiaries to insurance and superannuation policies. Basically anything that shows you are commited to each other. Generally you need to be living together for 12 months in order to be eligible but if you start gathering evidence now over the next few months and spend some time with her in Oz AND your successful at registering your relationship you may be in with a chance. Registering your relationship waives the 12 month living together requirement - generally though they still like to see adequate time spent together so that combined with your previous relationship and current communications MAY do it...What state does she live? NSW has the most liberal policies on relationship registeration so if she lives there, you may be in luck. I'd organise a couple of visits over the next few months too, get a ETA and go over to spend some time with her to collect more evidence. It will take you a few months to be application ready, but I think you might be able to wrangle not living together for 12 months if you can register the relationship. And you may also be able to apply onshore and get the bridging visa at some point. Alternativly, have you thought about a PMV? If you've been through a break up and have seen the light, surely marriage is on the cards anyway?? The only thing is it is an offshore only visa and you would need to wait it out offshore or come to Oz on TV. Link to comment Share on other sites More sharing options...
initforthemoney Posted July 12, 2013 Author Share Posted July 12, 2013 If was abroad travelling and she had stayed in Oz. All I would have would be emails...Because we have been emailing, but i imagine these emails need to full blown love letters and talk of when come back....? In this situaton, what kind of evidence could I provide. Do immigration accept emails? Hypothetically at least Link to comment Share on other sites More sharing options...
Peach Posted July 12, 2013 Share Posted July 12, 2013 In this situaton, what kind of evidence could I provide. Do immigration accept emails? Hypothetically at least Evidence of joint bank accounts, wills, loans, mortgages, marriage, holiday plans, insurances etc.. Link to comment Share on other sites More sharing options...
Guest Posted July 12, 2013 Share Posted July 12, 2013 In this situaton, what kind of evidence could I provide. Do immigration accept emails? Hypothetically at least It won't be enough. If you were off travelling overseas for a year it doesn't indicate an ongoing defacto relationship really does it? Defacto is the key here. You were not from what I can tell as you don't have anything other than emails to support this. FWIW, to prove my situation for a partner visa I submitted the following (and this is not all of it btw). * Numerous bills to both myself and OH. And to us individually at the same address(es). Utility bills, car insurance, phone etc * OH provided 2 years of his most recent salary slips * Proof of our joint bank account for X amount of years plus his account where his salary is paid in to and proof that he then transferred money to the joint one * Life insurance policy where we are named * Stat decs from 4 Australian's who could vouch for our relationship over the years * Both our supporting statements explaining how we met, how our relationship progressed, how we support each other, financially, emotionally. Our relationship at present and our plans for the future. Link to comment Share on other sites More sharing options...
lebourvellec Posted July 12, 2013 Share Posted July 12, 2013 In this situaton, what kind of evidence could I provide. Do immigration accept emails? Hypothetically at least Emails can not support alone defacto relationship. DIAC expect that you are living together for at least 12 months before applying. You need to show genuine and continuing relationship. Prospective marriage visa would suit your situation better, unless you are able to build up evidence required for partner visa. Link to comment Share on other sites More sharing options...
Peach Posted July 12, 2013 Share Posted July 12, 2013 In my case I submitted the following as evidence: Certified (some by a magistrate/some by a local solicitor) Confirmation of Death in Service payment from my partner to me Confirmation of Death in Service payment from my me to partner Partner's car insurance with me as named driver My car insurance partner as named driver Joint mortgage offer Remortgage correspondence from conveyancing solicitor First joint bank statement Council Tax bill from 2008 Mine, my partner's and son's passport & birth certs Uncertified Numerous travel and holiday itineraries going back to 2002 Invoice from nursery addressed to both of us Amex statement showing partner's supplementary card on my account Stat decs (Our's, Both mums, A friend). Partner's employer reference, job profile and a recent p60 And that was it. Been living here for two and a bit years.. Link to comment Share on other sites More sharing options...
initforthemoney Posted July 13, 2013 Author Share Posted July 13, 2013 Thanks for all the replys guys Link to comment Share on other sites More sharing options...
initforthemoney Posted July 21, 2013 Author Share Posted July 21, 2013 Register your relationship (if you can) and start gathering all your communication now. Skype, viber, whatsapp, facebook ect logs/screenshots. Add each other as beneficiaries to insurance and superannuation policies. Basically anything that shows you are commited to each other. Generally you need to be living together for 12 months in order to be eligible but if you start gathering evidence now over the next few months and spend some time with her in Oz AND your successful at registering your relationship you may be in with a chance. Registering your relationship waives the 12 month living together requirement - generally though they still like to see adequate time spent together so that combined with your previous relationship and current communications MAY do it...What state does she live? NSW has the most liberal policies on relationship registeration so if she lives there, you may be in luck. I'd organise a couple of visits over the next few months too, get a ETA and go over to spend some time with her to collect more evidence. It will take you a few months to be application ready, but I think you might be able to wrangle not living together for 12 months if you can register the relationship. And you may also be able to apply onshore and get the bridging visa at some point. Alternativly, have you thought about a PMV? If you've been through a break up and have seen the light, surely marriage is on the cards anyway?? The only thing is it is an offshore only visa and you would need to wait it out offshore or come to Oz on TV. I had a look at registering, but it appears since she is from WA this isnt possible. I looked into the victoria one as an example, appears i'd need to living in Victoria for 12mths as well. lol the PMV(prospective marriage visa) is interesting, but steady on......Regards this visa. Can you work under it? The goverment website didnt say Link to comment Share on other sites More sharing options...
Guest Posted July 21, 2013 Share Posted July 21, 2013 PMV is an offshore visa afaik. No work rights therefore. Link to comment Share on other sites More sharing options...
initforthemoney Posted July 21, 2013 Author Share Posted July 21, 2013 PMV is an offshore visa afaik. No work rights therefore. Are you sure because since i posted i'm been searching and it seems to be part of the visa. On another note of this visa because its something i never knew about. What happens if you don't get married? Does this make something like a partnership visa application more difficult or get you banned from australia? Link to comment Share on other sites More sharing options...
Guest Posted July 21, 2013 Share Posted July 21, 2013 Ok I meant no work rights etc while waiting for it to be granted. It's an off shore visa so until its actually granted you can't do anything. As to after, just go read the PMV immi info. It does tell you what rights the visa gives you once granted. As for the not getting married thing, if you don't then my understanding is you don't get to apply for a different visa like a partner visa. The whole point of the PMV is you marry within the 9 months. Link to comment Share on other sites More sharing options...
Guest Posted July 21, 2013 Share Posted July 21, 2013 http://www.immi.gov.au/migrants/partners/prospective/300/ Once granted (8-9 months after application) you can enter Aus and then work. All the info you want is there. Link to comment Share on other sites More sharing options...
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