Marriage certificate and de facto proof?

[Telle]

Hi All,

 

just beginning the process for a 189 visa application. We have a migration expert who has just advised that for a partner to be listed you have to have been in a de facto relationship for 12 months. We are due to get married next week, but he says that is not good enough, we will need the de facto proof as well as the marriage certificate.

I thought I had read that to provide evidence for a partner on 189 visa, you needed a wedding certificate OR de facto proof, did not think that we needed both.

 

Any advise would be welcomed as I thought the wedding certificate would be plenty for when we submit the EOI.

[dmjg]

You need to prove reliance on each other for the last 12 months.

 

If the marriage certificate is issued in August 2013, how can that prove the relationship for the last year? It can't, thus you will need defacto material to provide the proof required.

 

Mind you I would think defacto info is the same as spousal anyway.

 

Joint bank accounts, joint rental / house paperwork, joint bills, paperwork in each name delivered to the same address, photos together stat decs, etc, etc.

[Ozmaniac]

Hi All,

 

We have a migration expert who has just advised that for a partner to be listed you have to have been in a de facto relationship for 12 months. We are due to get married next week, but he says that is not good enough, we will need the de facto proof as well as the marriage certificate.

I thought I had read that to provide evidence for a partner on 189 visa, you needed a wedding certificate OR de facto proof, did not think that we needed both.

 

Any advise would be welcomed as I thought the wedding certificate would be plenty for when we submit the EOI.

 

You are correct and what you've been told by your so called 'migration expert' proves that they're not as expert as they claim. Once you are legally married, you no longer need to have lived together in a de facto relationship AT ALL. You must be able to provide evidence that yours is a 'geniuine and continuing' relationship and having lived together prior to your marriage will help with that, but it's by no means a requirement. Does anyone seriously believe that the Australian government would ever require that a married couple need live 'in sin' before their marriage?? No way!

 

If you didn't misunderstand and they really did tell you that, you should seriously consider dispensing with their services. How much other wrong info will you get from them?

 

And for married couples, 12 months doesn't come into the equation at all. You could have met for the first time (even if it was initially on the internet) a few months ago, fallen in love, married and decided to commit totally to your relationship and that would be OK if you can provide satisfactory evidence of that commitment.

[Guest GeorgeD]

Whether married or defacto, you have to prove you are in a genuine and continuing relationship. This normally means evidence such as joint bills, joint financial commitments, wills, life insurance policies, being on each others car insurance, etc. Yes, when you are married you have a marriage certificate. All this proves is that you got married. It doesn't prove on its own that you are in a genuine and continuing relationship.

 

Defacto couples need to prove they have been in a relationship for 12 months prior to application. Married couples don't - there is no specific required length of relationship prior to application. This is the only difference between the two..they BOTH need to prove the relationships are genuine and ongoing.

[Raul Senise]

Hi All,

 

just beginning the process for a 189 visa application. We have a migration expert who has just advised that for a partner to be listed you have to have been in a de facto relationship for 12 months. We are due to get married next week, but he says that is not good enough, we will need the de facto proof as well as the marriage certificate.

I thought I had read that to provide evidence for a partner on 189 visa, you needed a wedding certificate OR de facto proof, did not think that we needed both.

 

Any advise would be welcomed as I thought the wedding certificate would be plenty for when we submit the EOI.

 

As you will be getting married shortly before lodging your visa application, the Marriage certificate by itself will not suffice, as you will still need to provide documentation to evidence a continuing and genuine relationship.

 

If your agent is stating that you still need to meet 12 months of co habitation after being married, I would question that advice.

 

If however, they are advising that you still need to provide documents that you are in a genuine relationship, then they are correct.

 

You do not need to provide any documents when lodging an EOI.

[Raul Senise]

You are correct and what you've been told by your so called 'migration expert' proves that they're not as expert as they claim.

You are so quick to pass judgment based on a few lines of text. Without knowing the details of the case, the specific advice or the context it was given, you have judged the advice as incorrect and labeled the agent as a “so called” migration expert.

Yet you believe that you are in a better position to give advice based on minimal information and as such proclaiming yourself as an expert.

 

Once you are legally married, you no longer need to have lived together in a de facto relationship AT ALL. You must be able to provide evidence that yours is a 'geniuine and continuing' relationship.

Do you think that it is at all possible that this is the advice they were given, by being told that the Marriage Certificate alone is not enough?

 

I am the first to agree that some agents give bad advice, however, I find the constant vilification of Agents on this form by some member’s very distasteful.

[bensdad]

This is my situation and my visa was granted.

 

Was living with my then girlfriend but had nothing in joint names due to divorce from previous marriage.

 

Applied for visa as defacto and was told there's no way it would be accepted.

 

Got married, emailed case officer wedding cert and changed visa application.

 

Visa granted no problems at all.

 

I did have proof if required of our relationship, letters, statements from friends etc but it was never asked for.

 

Been here now 18 months and loving it.

[Ozmaniac]

You are so quick to pass judgment based on a few lines of text. Without knowing the details of the case, the specific advice or the context it was given, you have judged the advice as incorrect and labeled the agent as a “so called” migration expert.

Yet you believe that you are in a better position to give advice based on minimal information and as such proclaiming yourself as an expert.

 

 

Do you think that it is at all possible that this is the advice they were given, by being told that the Marriage Certificate alone is not enough?

 

I am the first to agree that some agents give bad advice, however, I find the constant vilification of Agents on this form by some member’s very distasteful.

 

Hang on - I also said "If you didn't misunderstand and they really did tell you that, you should seriously consider dispensing with their services." I did NOT simply make my statements without that important qualification.

[dslinkov87]

I've recently had a similar question to a MARA agent regarding my case. She told me that if we had a fresh marriage cirtificate, we may only be asked to prove that our relationship is long (mutual photos, tickets, declarations signed by friends, etc.) There are no any requirements to prove cohabitation in this case.

Actually, the list of evidence which DIAC requires as a prove of cohabitation (which is a crucial point if you want to prove de facto relationship) doesn't take into account some cultural and other differences which may exist in different countries. How can you prove cohabitation with, for example, a girlfriend who doesn't work and live in your house? Joint bank account or bills? But she doesn't work, and you are the only person who brings money to family, so all bills are issued only to your name. Mortgage or tenancy agreement? But she lives in your house... Any mails??? But she can receive them to her old address if her previos house is within short walking distance from yours. That's the case for some of my friends, even for those who have been married for many years. So, theoretically, they would be unable to prove cohabitation