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De-facto,Partner (Provisional) visa (subclass 309)


Aussiechris

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Hey,

Im an Aussie in the UK with 5 months left on my VISA..... me and my partner have want to prove we are in a de-facto relationship and get back to Australia..... we have been living with his mum for the last year and have mail to the address photos etc...but not joint bank accounts or anything financial or legally binding with both our names on it.. boarding with his mum has just been a verbal contract... what are the odds of us actually getting this Partner (Provisional) visa (subclass 309) has anyone else gone through the same? is it really hard to get? we are in love and don't want to lose each other.. i need some reassurance that we will be ok... or some brutal honesty..

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Hi

 

Get supporting statements from friends & family. Show what things you have done together - holidays, family events, etc. Ask his mum to do a statutory declaration stating you are part of the family and have been living at hers for a year. Your partner can do exactly the same for his friends and family in Australia. You will see you don't always need joint bank accounts etc but it is better and there is nothing stopping you setting something up now.

 

I am not sure why you have left if so late to check? There is absolutely tons of information on this site and other sites for you, especially of other couples in similar positions.

 

I strongly suggest you read the Immigration web site again and again. Or go to the Immigration office in London. Once you've gone through that, then you know what are the real questions you should be asking.

 

Brutal honesty: start reading, researching, collecting and saving money now.You both have to work together on this. PIOs will be happy to advise - we're always here!

 

 

BEGal

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Thank you for your reply,

The immigration websites is just hard to get my head around... theres so many links and conditions etc.. we are collecting as much as possible.. we mainly have photo evidence.. of trips abroad, birthdays etc.. i think everybody's situation is a little bit different when it comes to this visa.. thank you for a little bit of piece of mind...

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Photo evidence won't cut it. It's not evidence at all and the partner visa blurb says to only include a small amount of pics if you must send them. Pics don't really prove anything g other than you are in a picture together. Please do not think these are evidence, they are window dressing only.

 

You need a stat dec from his mum stating you have lived together as a couple in her home. If you've paid rent or contributed to bills she should say so.

 

You don't need a joint bank account. Separate bank accounts are fine. So long as the statements etc are going to the same address. And if you can show money transferred between your accounts, even better.

 

Are you named in his car insurance? Do you have any tax stuff being sent to the address? To either of you there? Mobile phone bills? Those are the sort of things you need. Again, to either of you but at the same address. Anything official like NI, tax, phone bill, drivers licence, car insurance, named on the council tax...

 

Stop reading the immi website and download and read the partner visa migration booklet. That is what you should be referring to. It gives you everything you need re what sort of supporting evidence, stat decs etc you need to provide.

 

Read it through, cross out anything that does not apply, or PMV and make notes. Print off a copy of the application form and sponsor form, have a read of them, see what it entails.

 

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

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You say that you have photo's from holidays, do you still have the booking confirmations or ticket stubs etc? I am assuming that he is British and therefore wont have stamps to match but at least with confirmation emails or e-tickets it would state that you both have traveled together.

 

It is important to just be honest, if there is a lack of evidence explain why. But include anything and everything you can, as snifter said it doesn't have to be in joint names just being delivered to the same address in the same time frame, etc.

 

Given that you only have 5 months remaining on your visa you may need to consider applying for a UK Partner Visa if you want to stay together while your Aus Visa is being processed (approx 15 months). I made the call to extend my UK Partner Visa for another 2 years as I didn't want to leave him behind. Once approved you can then also use this as evidence towards your Aus visa. The processing times on the UKBA side of things are MUCH shorter.

 

GOOD LUCK!!

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