Partner Visa 820/801 - Evidence

[Isi]

User deleted

[Mark 1234]

Hi, I just got spouse visa (PR), we have been married almost 20 years but never had joint accounts, either. We also spent time working apart. The evidence above is pretty much what we supplied. For time spent apart, we supplied copies of emails between us and evidence of money wired by Western Union. The more the better. Anything that links you together should be submitted. I don't think the food shops are sufficient evidence. The phone bills should be OK if they are itemised and dated and you can prove you were calling each other directly. With things like this, I highlighted the relevant sections and attached a short cover letter stating "This is X's number, and this is mine. We called each other every other day for those two months." The CO will want strong evidence that you were still an item when you were actually apart.

[Guest]

I think as you have a gap of you actually living together then you'll need decent evidence to show there is a reason for the long break in between and that during it you were/are still de facto.

 

One of the requirements of the visa is the relationship requirement (pasted below). As you will have a gap you really need to show evidence. Reading what you have said, I don't think you have all that much given you have been back in the UK a while. Yes you are in contact, parcels, phone calls etc but there isn't much (at least to my eyes) to show you are committed past boyfriend/girlfriend status.

 

For example, a joint account where you both pay money in to is always handy. If you have your own accounts, this is fine but you need to show more than paying for shopping out of your account while in Aus IMHO. Yes your bank statements going to you at his address when you were there was good, but you've now moved and don't have anything to show you are contributing to being a couple. If you had more evidence putting the two of you together I'd say a joint account isn't a biggie to have, but you don't appear to have much supporting evidence in the way of bills, insurance policies and the like that can support you.

 

Does the state you are moving to allow for couples to register their relationship? If so I would look at that once you arrive.

 

Pictures of you together don't really count as evidence, a few are handy but they are not the kind of paper trail your CO will be looking for. I'd not count on those to be of much use.

 

My case was different (as in married, residing in same house, child together) but I supplied things like joint bank account statements, bills with both of us named and also some where only one or the other was named but to the same address (showing us supporting each other financially etc). Also life insurance policies where we name each other. Car insurance where we are both listed. And more. I know your case is different but even when you were living with your OH you don't seem to have much of a paper trail to show you two together as a couple. Even if my hubby paid every single bill and they were all in his name, I'd still be able to show I was with him as I'd have my own mobile bill, tax stuff sent to me, our joint bank account showing him paying money into it (and also his own bank account where it shows his salary being paid in etc), us named on the house insurance policy together, council tax and so on. Even if he paid for it all from his account, I am named on things with him as we are a couple and you don't not include the other person on those things. That was the key thing for me, your OH and you don't seem to have much of that together from what you have said.

 

Of course, there are people who don't have much evidence who apply for a partner visa but I don't know how little or how much they have to support their application. It really is about showing you are committed to each other like a married couple, sharing your life together. I don't see much of you sharing those things so would be concerned for your application. You may consider yourselves de facto but will a CO? I don't know.

 

The Immi website defines de facto as

 

De facto partner

 

A person is the de facto partner of another person (whether of the same sex or a different sex) if:

 

 

• they have a mutual commitment to a shared life to the exclusion of all others
  
• the relationship between them is genuine and continuing
  
• they live together or do not live separately and apart on a permanent basis
  
• they are not related by family.
  

 

From the immi site -

 

RELATIONSHIPS

 

You and your partner must have been in a de facto relationship for the entire 12 months immediately prior to lodging your application.

See: One-Year Relationship Requirement

The 12-month relationship requirement might be waived if, at the time of application, one of the following situations applies:

 

 

• you can demonstrate compelling and compassionate circumstances, such as if you have children with your partner.
• all the following circumstances apply:
  
  • your partner is, or was, the holder of a permanent humanitarian visa
  • prior to their permanent humanitarian visa being granted, you were in a relationship with your partner that meets the requirements of a de facto relationship
    
  • the department was informed of this before the permanent humanitarian visa was granted
    

   

   

  [*]you had registered your de facto relationship.

  Note: De facto relationship registration is not available in all states and territories. If you are considering registering your relationship, check with the relevant state or territory Births, Deaths and Marriages agency for further information.

  See: Births, Deaths and Marriages Registries

   

 

You and your partner must show a mutual commitment to a shared life to the exclusion of all others. You and your partner must be living together or, if not, any separation must be only temporary. You must also have a genuine and continuing relationship with your partner.

See: Evidence of a Genuine and Continuing Relationship

 

 

Read the Evidence of a Genuine and Continuing Relationship link to see what sort of thing they are looking for.

 

I hope that someone else who has applied for this visa without much supporting evidence and time apart etc can chime in and shed some light on what else you can do to show a committed relationship etc. I really think the registering your relationship once you return to Aus is your best bet (if the state allows it) and to ensure you get yourself on to bills, insurance policies and other things asap as they will be looking for this sort of thing and the more you have to support your application the better. You are de facto, not just residing in his house or living in your own in different countries paying your own way only, so get that level of commitment and paper trail going.

 

 

[carlhall]

Hi,

 

When I applied my wife was in Australia and I was in UK, proving the relationship was not to difficult, copies of telephone bills showing calls to each other, the same with Skype calls. Statements from friends and relatives to show they considered us as a married couple and that we had a genuine relationship. Go into detail as to why you have been apart, With us it was because my wife moved over to look after a relative and i followed after gaining visa. if either of you get mail that is jointly addressed to the both of you, (Bills invitations stuff like that) Insurance policy that shows your partner is the beneficiary, Wills, that show you and your partner are beneficiary of the will as a partner. Just keep anything that shows you are both in a relations ship "To the exclusion of all others"

 

Hope this helps a little....