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defacto on 189 questions


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Guest Guest95262

Hi i have a few questions about defacto relationship, my boyfriend is applying for residency on a 189 skilled migrant visa, we are worried we won't have enough proof for me to go defacto. We have been together for 12 months this will be 14 by the time we send off the application, we are from the same town and have known each other years living just 5 minuets away.

 

Now back in England we lived with my parents and paid them rent but in cash, they have given us a statutory declaration stating we were living there as a couple, we arrived in Australia separately my boyfriend at the end of June and myself at the beginning of August this was because he already had his trip to Australia booked before we started our relationship, i had commitments at work and was under contract until August my old employer has sent me an email stating this, now the 10 weeks we were apart we were in constant contact by face time but have no way of proving this as these calls are not recorded on any bills etc.

 

The only proof i have from this time of separation is a payment into my bank account from my boyfriend, since i arrived in oz we have been living in rented accommodations we have letters from landlords and contracts proving this and also both of our bank account statements with constant transactions from one another called rent, we have just opened a joint account, we don't pay any other bills so have no other documents with both our names on, now picture wise we only have ones we have taken in oz these go back to August, any idea if the info i have will be enough?

 

Also our time scale is very tight as if my boyfriend dose not apply before July he will loose 5 points for his age if we send of the application and the defacto is refused will this void the whole application for him or just defacto for myself

 

the other option is for him to apply for the permanent residency himself with no defacto and we carry on living together until my visa runs out, by this time we will have 12 months proof in Australia but are not sure how it works can this be done on shore? could i return on a 3 month holiday visa? or would i have to go home ?

 

any help would be much appreciated

Thanks

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Guest Guest95262
What visas are you both on now? You haven't said but I think it pretty important.

Hi we are both on 1 year working holiday visas at the moment

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Guest Guest95262
OK. So when are they up? Why doesn't your OH wait until you have all the right evidence to add you..

because of his age if he waits past july he looses 5 points and needs them

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Guest Guest95262
because of his age if he waits past july he looses 5 points and needs them

his visa runs out the end of June and mine the begining of August

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He wouldn't lose points for age until he is 33, but if he is on a WHV, how can he be approaching 33? It is also not usually very hard for someone around 30 to pass a points test. So in view of those two things, I would just double check that you have counted it up correctly, note that nearly everyone would take IELTS to get points these days.

 

I think if he applied now with you on the application, when you have only known each other 12 or 14 months and naturally you could not have been a defacto couple all of that time, then you might be unsuccessful. I which case he would have to take you of the application and you would apply for a partner visa later. It would be twice the price and take about a year, but you would get a bridging visa so you can stay.

 

Not the best option though, I think the best option is to buy yourself more time (even a couple of months will help) and apply for the skilled migrant visa before his WHV runs out. That would in any case mean you need to get cracking with skills assessment, IELTS and get your EOI in when you have those.

 

ETA: thinking about it properly, the age thing is irrelevant anyway, unless you want to apply from back in UK, he will need to apply before July anyway as visa runs out in June.

Edited by Rupert
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Rupert has given some sound advice.

 

Just to add if you've not used it and your OH applies for a new visa can you not do your regional work to get you your second year WHV?

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Guest Guest95262
He wouldn't lose points for age until he is 33, but if he is on a WHV, how can he be approaching 33? It is also not usually very hard for someone around 30 to pass a points test. So in view of those two things, I would just double check that you have counted it up correctly, note that nearly everyone would take IELTS to get points these days.

 

I think if he applied now with you on the application, when you have only known each other 12 or 14 months and naturally you could not have been a defacto couple all of that time, then you might be unsuccessful. I which case he would have to take you of the application and you would apply for a partner visa later. It would be twice the price and take about a year, but you would get a bridging visa so you can stay.

 

Not the best option though, I think the best option is to buy yourself more time (even a couple of months will help) and apply for the skilled migrant visa before his WHV runs out. That would in any case mean you need to get cracking with skills assessment, IELTS and get your EOI in when you have those.

 

ETA: thinking about it properly, the age thing is irrelevant anyway, unless you want to apply from back in UK, he will need to apply before July anyway as visa runs out in June.

 

hi thanks for the reply. He applied a day before his 31st then entered two weeks before his 32nd. we know the points we have looked into this very much

30 points for his age before he turns 33 in july

10 for his trade recognition cert

10 for IELTS he dent think he can score 20 on this with the electrical exam he has to study for as well

10 for 5 yrs previous experience, again he has 8 easily but proving it isn't easy

 

so we just have 60 points. his WHV runs out mid june mine at the beginning of august so either way we have a issue, we have proof of 12 months living together in august but he can't stay as his visa is out june and with his age there is no 2nd yr WHV.

 

we are concerned that if we send off our EIO with me as defacto and they don't accept our proof they will cancel the whole invite in which case we lose the money and most likely with the time it takes, 5 points as he turns 33.

 

the other option is for him to do the EOI on his own which will hopefully go through then as my holiday visa runs out apply for a spouse visa but we don't know how this works, can we do this onshore will I get a bridging visa will there be any complications with him only just getting PR.

 

its all very annoying as we have known each other for quite some time so when we got together it moved really quick he moved into my parents then we lived together here with the only gap being when he had to leave for here, he would have just waited for me but he was only just on the cut of point for been to old to enter on his WHV so it was the only way.

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hi thanks for the reply. He applied a day before his 31st then entered two weeks before his 32nd. we know the points we have looked into this very much

30 points for his age before he turns 33 in july

10 for his trade recognition cert

10 for IELTS he dent think he can score 20 on this with the electrical exam he has to study for as well

10 for 5 yrs previous experience, again he has 8 easily but proving it isn't easy

 

so we just have 60 points. his WHV runs out mid june mine at the beginning of august so either way we have a issue, we have proof of 12 months living together in august but he can't stay as his visa is out june and with his age there is no 2nd yr WHV.

 

we are concerned that if we send off our EIO with me as defacto and they don't accept our proof they will cancel the whole invite in which case we lose the money and most likely with the time it takes, 5 points as he turns 33.

 

the other option is for him to do the EOI on his own which will hopefully go through then as my holiday visa runs out apply for a spouse visa but we don't know how this works, can we do this onshore will I get a bridging visa will there be any complications with him only just getting PR.

 

its all very annoying as we have known each other for quite some time so when we got together it moved really quick he moved into my parents then we lived together here with the only gap being when he had to leave for here, he would have just waited for me but he was only just on the cut of point for been to old to enter on his WHV so it was the only way.

 

As I say, the age is a bit irrelevant as he needs to apply before the WHV runs out which is before his birthday. He could put you on the application, if they decide there is insufficient evidence then he will have the opportunity to remove you, the whole application won't be turned down without that opportunity. It is worth a try, on what you have said, I don't think you have enough, but there will be no bad consequences for trying.

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Guest Guest95262
As I say, the age is a bit irrelevant as he needs to apply before the WHV runs out which is before his birthday. He could put you on the application, if they decide there is insufficient evidence then he will have the opportunity to remove you, the whole application won't be turned down without that opportunity. It is worth a try, on what you have said, I don't think you have enough, but there will be no bad consequences for trying.

 

would we lose the extra defacto cost?

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quite a risk then, so it could cost 1500 if we do it on his visa and it goes through or 3000 if we wait or 4500 if we have to do both. quite a choice to be honest i think we will go down the spouse route and hope I get a bridging visa and we can apply onshore

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quite a risk then, so it could cost 1500 if we do it on his visa and it goes through or 3000 if we wait or 4500 if we have to do both. quite a choice to be honest i think we will go down the spouse route and hope I get a bridging visa and we can apply onshore

 

 

Yes it is a bit of a risk. Maybe you should get a migration agent to look over your evidence and see what they recommend. Or get married. :wink:

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Yes it is a bit of a risk. Maybe you should get a migration agent to look over your evidence and see what they recommend. Or get married. :wink:

 

 

ye another slight problem is that I'm married, separated but married still I just never got around to divorce as staying wasn't really on the cards when we were in the Uk.

we read about registering our relationship in Australia not sure if that will help

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Guest Guest95262
As I say, the age is a bit irrelevant as he needs to apply before the WHV runs out which is before his birthday. He could put you on the application, if they decide there is insufficient evidence then he will have the opportunity to remove you, the whole application won't be turned down without that opportunity. It is worth a try, on what you have said, I don't think you have enough, but there will be no bad consequences for trying.

thanks for your help :)

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