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sohjaba

De Facto - Been together long enough? Also, processing time?

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My partner and I have been together for a year, and living together for 6 months.

 

I am Australian, he is British, currently living in London. We would like to move to Australia to live at the second half of the year, around September.

 

By then, we will have been together over 18 months and lived together over 12 months.

 

We are beginning to get serious about preparing for a de facto visa application, eg. reading into all the forms, all the evidence we need, gathering documents and photos, approaching friends to write stat decs, working out the costs and timings for the application.

 

We have joint rental lease, joint bank account, evidence of ongoing relationship, shared finances and will have no problem getting stat decs from Aussies.

 

The questions are around timing and what constitutes a '12 month de facto relationship'.

 

1. Even though our relationship is now over 12 months, does it only count as 'de facto' from the time which we have been living together? Even though we have proof of commitment to each other prior to this date?

 

2. Do we definitely have to wait until we have been living together for 12 months before we apply? Or, could we apply after 9 months of living together with proof that the relationship has be ongoing for 15 months? Is there any flexibility on this?

 

I am conscious that the processing can take a very long time! Have read that on-shore processing in 2013 was taking up to 12 months.

 

3. Does anyone know if these long processing times also apply to off-shore applications? Or if there is any difference?

 

I am very keen to return to Australia at the end of this year. Does anyone know:

 

4. If the visa application for my partner is still processing, can we move to Australia whilst we are waiting. Eg, my partner on a 3 month tourist visa or a two year working holiday visa?

 

Would appreciate any advice or tips on the questions above!

 

thanks =)

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Hi, there is a useful factsheet http://www.immi.gov.au/media/fact-sheets/35relationship.htm which answers most of your questions I think. If your relationship hasn't been all that long I would also provide lots of evidence. The joint financials are great but also some 'social' evidence like shared invites, maybe letters from friends, evidence of shared travel etc etc. The dept. for Immigration publishes service standards for processing different visa types. Check the processing times against the visa you are thinking of applying for and it will tell you. Our visa came back well in advance of this but my husbands job was 'in demand' so you will need to just work through it and see what you can expect. In terms of going earlier on another visa, it may be possible but some visas require you are offshore at the time of visa grant. I can't say more than that as I'm not sure what you are applying for.

 

There is lots of information on the immigration website- worth having a good look and reading all the booklets etc which come with the application form.

 

I hope that's some help to you, good luck.

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To answer question 4 i would say be patient and just apply for a partner visa and DO NOT go on a tourist visa or WHV as it means you are applying for 2 different visa, you wont be eligible for Medicare, cannot work on a tourist visa and your partner visa could be refused for some reason, then you will be stuffed. If you apply for the partner visa outside Australia you have to be outside Australia when it is granted. i think it is also cheaper to get outside Australia than in Australia.

 

The processing time will take as long as it takes so unless you have an urgent reason to be there why go through additional hassle?

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I applied for the same visa in August 2013 and I was told to expect to wait 8-9 months from the date I lodged the application. I was under the impression that at the start of the year, processing times are shorter but don't take my word for this!


309/100 visa application lodged 28/08/13 | Visa sub-class 309 granted 09/05/14 | Arrived NSW 27/05/15 | 100 (PR) visa application lodged 27/09/15 | PR granted 13/04/16 | Citizenship application lodged 18/06/19

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Thanks all for your helpful replies!

 

As a bit of an update, we made the decision last night to get him a 12 WHV so that we can leave in September as planned.

 

We will then apply for his De Facto from Australia when we will have definitely been living together for 12 months +, and can get a bridging visa for any time the application takes beyond the 12 month WHV.

 

Will cost us a little bit more to apply from within Aus, but at least that way we can go back to Aus as planned later this year.

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If you are opposite sex you could just get married and that would sort your qualification period out. Then you could travel on any visa to Australia and apply almost immediately you get there for an onshore partner visa.


Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

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If you are opposite sex you could just get married and that would sort your qualification period out. Then you could travel on any visa to Australia and apply almost immediately you get there for an onshore partner visa.

 

Not really great to marry just for visa convenience is it.

 

OP - I think going for the WHV for your partner and applying on shore after that when you've lived together for the required time (and much longer by the time you apply) is a good one. Yes it will cost a bit more on shore but work rights etc now go along with it so this will help as your partner can work legally after his WHV runs out and his bridging visa kicks in.

 

Good luck with it all :)

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Not really great to marry just for visa convenience is it.

Never understood this oft cited objection. If you are a genuine couple with a permanent and exclusive relationship then why wouldn't you get married? The only reason I could think of is if you aren't really committed to the level you would normally associate with marriage, in which case the relationship shouldn't qualify for a partner visa anyway.


Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

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Never understood this oft cited objection. If you are a genuine couple with a permanent and exclusive relationship then why wouldn't you get married? The only reason I could think of is if you aren't really committed to the level you would normally associate with marriage, in which case the relationship shouldn't qualify for a partner visa anyway.

 

I know plenty of couples who are long term de facto and have no plans or desire to marry. They don't have to, there is no law saying they have to, why should they. Saying that I also know plenty who are on their second, third and one on a fourth marriage. What does that say about permanent and exclusive there? Everyone is different, each to their own. Married or not married, there is no one size fits all from where I am sitting. Some relationships end regardless. Some continue or last long term or a lifetime.

 

It's not a requirement to be married for a partner visa. If the OP and her partner are a couple and can meet the time requirements and apply, nothing wrong there that I can see. Lots of people don't marry, their prerogative. If they decide to in the future, fair enough they do so when they want.

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I never said people did have to get married - but if doing so would overcome an obstacle then why not do it? De facto simply means that you are, to all intents and purposes, already married. So why would anyone in an opposite sex couple claiming de facto status have a problem with actually being married. The only reason I can think of is that it would feel like too much commitment, but that's exactly the same commitment that they are claiming to have when they say they are de facto.

 

:confused:


Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

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Don't get married for a visa. Do it at the right time. I agree, once you've been living together 12 months, get your evidence over with you on a WHV and (continue to live together) apply for the visa on shore.

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Never understood this oft cited objection. If you are a genuine couple with a permanent and exclusive relationship then why wouldn't you get married? The only reason I could think of is if you aren't really committed to the level you would normally associate with marriage, in which case the relationship shouldn't qualify for a partner visa anyway.

 

I second this notion, "registering the relationship" is the new marriage of convenience. If you're prepared to enter a legal union lightly, you might as well consider the going the whole hog.

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I think this is hilarious, so the general view is that even though we know nothing about you or your circumstances / feelings on the matter, we think you should get married. Problem solved....I'm off to buy a hat..

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Not the general view! Anyway OP, we've suggested a plan, it's down to you what you do. Good luck!

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