De facto BEFORE 12 months

[goni 10]

Hi everyone.

my partner and I want to register our relayionship as de facto so that we can apply for a partner visa even though we havent been together for 12 months.

we have been together for 6 months, and my current visa ends in 6 months, so we want to register now and then apply for a partner visa at the end of the year.

by that time, we would have been together 11 months, PLUS registered as de facto.

 

im wondering if thats enough?

of course we have plenty of proof to our relationship.

im just worried about applying before 12 months.

is registering our relationship enough?

[Guest]

It was for me in QLD. Different states have different rules for registering relationship however

[Ozmaniac 806]

Registering your relationship "under a law of a state or territory prescribed in the Acts Interpretation (Registered Relationships) Regulations 2008 as a kind of relationship prescribed in those regulations" exempts you from the One Year Relationship Requirement so you would be able to lodge a Partner visa application as soon as the relationship has been formally registered. You still need to provide substantial relationship evidence though - simply being in a registered relationship isn't enough in itself.

http://www.immi.gov.au/media/fact-sheets/35relationship.htm The One-Year Relationship Requirement - see 'Exemptions from the one year relationship requirement'

[Guest]

As above.

 

Its all in the partner migration booklet. Page 20 covers the waiver conditions iirc

 

http://www.immi.gov.au/allforms/pdf/1127.pdf

[goni 10]

thanks everyone.

i read the booklet and of course know the demands.

however, ive heard "scary stories" of people that were registered but were denied.

so I just want to hear some good stories about people that were together for less than 12 months and their application was approved..

[ramot 5,045]

My daughter did. She and partner had been living together for 6 months, when they registered as de facto in NSW, then lodged partner visa 3 months later when they had been a couple for 12 months, just defacto as living together for 9 months.

There was no problem, hope it works out for you.

[WeegieDave 1,694]

If you are in WA I'm pretty sure that you can't register a relationship here so it just depends on what state you are in.

[blossom 3,079]

You can't in sa either.

 

I haven't heard of anyone being refused with having registered their relationship. The problem comes sometimes when they can't register due to state or the state rules not being met.

[CollegeGirl 262]

Or if you registered but didn't provide any evidence at all of combining finances or households... you still want to have lived together for a little while and have evidence of that, even if you register. I've seen RMAs recommend six months of living together when possible for people who have registered.

[Aussieshamrock 10]

My partner and I have registered our relationship and we lodged our application 22/10/13. We had only been able to live together for 6 months before he had to return home due to his work visa expiring. We were given a estimated time frame for f 8-9months processing time so we are currently at 8months and 11 days so it hopefully won't be far away now :-).

[wrussell 2,143]

As above.

 

Its all in the partner migration booklet. Page 20 covers the waiver conditions iirc

 

http://www.immi.gov.au/allforms/pdf/1127.pdf

 

Those who rely on information published in DIBP booklets do so at their peril.

 

Read the relevant regulations, not DIBP commentary on them.

[wrussell 2,143]

Or if you registered but didn't provide any evidence at all of combining finances or households... you still want to have lived together for a little while and have evidence of that, even if you register. I've seen RMAs recommend six months of living together when possible for people who have registered.

 

Under policy 6 months cohabitation is taken as strong (but not conclusive) evidence that a relationship is genuine.

[wrussell 2,143]

Under policy 6 months cohabitation is taken as strong (but not conclusive) evidence that a relationship is genuine.

 

To perhaps be clearer:

 

I successfully represented clients who had lived together for only 6 weeks and had not seen each other for 18 months at the date of visa application, but they were in an exclusive, genuine, continuing de facto relationship.

Edited July 5, 2014 by wrussell

[sarahdrumahoe 10]

Me and my partner lodged out application for defacto 6 months ago and are still waiting. Our agent said that the time spent waiting counts towards evidence of being together so if you apply before the 12 months by the time they view your application you will have been together over the 12 months maybe even longer. Iv been told I may have to wait a further 6 months before we here anything so that time all adds up. Just keep every bit of post with your name, date and address. Get loads of joint things like joint car ownership, joint gym membership, joint bank account, joint phone bill even mobile (were joint with telstra) we also got our tax return as a joint tax return which states we are defacto which our agent was pleased with. Hope this helps

[Guest]

]Me and my partner lodged out application for defacto 6 months ago and are still waiting. Our agent said that the time spent waiting counts towards evidence of being together so if you apply before the 12 months by the time they view your application you will have been together over the 12 months maybe even longer[/b]. Iv been told I may have to wait a further 6 months before we here anything so that time all adds up. Just keep every bit of post with your name' date=' date and address. Get loads of joint things like joint car ownership, joint gym membership, joint bank account, joint phone bill even mobile (were joint with telstra) we also got our tax return as a joint tax return which states we are defacto which our agent was pleased with. Hope this helps [/quote']

 

Pretty sure this is totally wrong. They base the decision on the date you submitted the application, is what I always understood.

 

It may count towards your 801 but it won't count towards evidence of being a couple.

[Parley 5,273]

I wonder how many of these couples have since split up.

[Guest]

I wonder how many of these couples have since split up.

 

Who cares, we stopped the boats!

[sarahdrumahoe 10]

I've been with my partner for over two years so perhaps it is wrong I have met people on my travels when looking into the defacto and met two couples who applied before they were together for 12 months and both got it. Perhaps they lied. Who knows? All my evidence I submitted has been for two years living together etc etc. Still nervous as it's been 6 months since applying and I've heard nothing. . . Stressful times