Mwilliamson1 Posted December 29, 2014 Share Posted December 29, 2014 Hello! Just curious if anyone will be able to answer a question for me regarding the de facto partner visa....me and my partner have been together for more than 12 months but are currently not living together as I am going to uni just outside of London and he works in the city. Does anyone know if we could still get approved for the de facto visa even though we aren't and haven't lived together??? Link to comment Share on other sites More sharing options...
vickyplum Posted December 29, 2014 Share Posted December 29, 2014 Hello! Just curious if anyone will be able to answer a question for me regarding the de facto partner visa....me and my partner have been together for more than 12 months but are currently not living together as I am going to uni just outside of London and he works in the city. Does anyone know if we could still get approved for the de facto visa even though we aren't and haven't lived together??? If you read post number 6 and 8 of this thread, that will answer your question. Most people are living together when they apply, but if you can demonstrate how you share your lives together and maintain your relationship, despite not being under the same roof, you can still apply. Look for visa 309/100 guidance booklet on the Internet and have a good read through it. If you think you can satisfy the requirements, then you are half way there. It's a lot of paperwork but not particularly difficult (in my opinion). http://www.immi.gov.au/Visas/Pages/309-100.aspx Link to comment Share on other sites More sharing options...
Mwilliamson1 Posted December 29, 2014 Author Share Posted December 29, 2014 Hey Vicky, I did read those posts, but it seemed as if it was implied that those two had lived together for some period of time (3 months) whereas my partner and I have never lived together. I have also already read through those booklets online but they don't specify whether you can get approved without having lived together at all. I will call the Australian embassy in London tomorrow to try and get some more information/set up an appointment to discuss the specifics of our situation. Thanks for the help! If anyone has any experience with an issue similar to mine feel free to let me know! Link to comment Share on other sites More sharing options...
wrussell Posted December 31, 2014 Share Posted December 31, 2014 The Federal Court recently decided that cohabitation is requirement. The reason for the decision (in paraphrase) was that de facto applicants must be cohabiting or have good reasons for periods of separation, but they cannot have good reasons for separation if they were never together. In my reading of the judgment, a period of living together is required before a de facto relationship is established. There is no Australian embassy in the UK, but to take your point, the most recent legal variations might not have filtered down to staff at the Australian High Commission. You might be able to teach them something. Best of luck and a Happy NY Link to comment Share on other sites More sharing options...
CollegeGirl Posted December 31, 2014 Share Posted December 31, 2014 ^That's consistent with the way we've seen them approve/deny de facto applications on another forum in my last couple of years there, IMO. If a couple lived together, was separated briefly, then lived together again within the last 12 months, it was no problem getting an approval (as long as there was evidence of continuing support and communication during the period apart). But those who tried to claim they were de facto before they were actually living together, and didn't have 12 months living together in addition to that time weren't usually approved. Neither were those who tried to claim they were de facto but had never actually lived together. Of course there are exceptions to every rule, but generally that's what we've seen. Link to comment Share on other sites More sharing options...
wrussell Posted December 31, 2014 Share Posted December 31, 2014 ^That's consistent with the way we've seen them approve/deny de facto applications on another forum in my last couple of years there, IMO. If a couple lived together, was separated briefly, then lived together again within the last 12 months, it was no problem getting an approval (as long as there was evidence of continuing support and communication during the period apart). But those who tried to claim they were de facto before they were actually living together, and didn't have 12 months living together in addition to that time weren't usually approved. Neither were those who tried to claim they were de facto but had never actually lived together. Of course there are exceptions to every rule, but generally that's what we've seen. I successfully represented clients who lived together for 6 weeks and had not seen each other for 18 months at the date of visa application. We received a first instance refusal, but won it in the MRT. Link to comment Share on other sites More sharing options...
Mwilliamson1 Posted December 31, 2014 Author Share Posted December 31, 2014 Thank you all so much for this information! Not exactly what I was hoping to hear, but you have all been very helpful. I will keep you updated on my application process. Link to comment Share on other sites More sharing options...
Marisawright Posted January 1, 2015 Share Posted January 1, 2015 Hello! Just curious if anyone will be able to answer a question for me regarding the de facto partner visa....me and my partner have been together for more than 12 months but are currently not living together as I am going to uni just outside of London and he works in the city. Does anyone know if we could still get approved for the de facto visa even though we aren't and haven't lived together??? I think you're misunderstanding what de facto means. It means that you're living exactly like a married couple, except that you haven't had the legal ceremony. It doesn't just mean that you're having sex, or that you're engaged! It sounds to me as though you're still boyfriend and girlfriend as you haven't taken any steps, yet, to set up home together. As others have posted, it becomes a totally different situation if you HAVE moved in together, but then have to live separately to complete a course of study/work etc. Link to comment Share on other sites More sharing options...
Ken Posted January 1, 2015 Share Posted January 1, 2015 You always have the option of getting married - it gets round many of the paperwork and red tape problems of the de facto visa. If your response to that is you're not ready to get married then you clearly don't qualify for a de facto visa because it's a visa for people who are married in spirit but merely lack a marriage certificate. Link to comment Share on other sites More sharing options...
Mwilliamson1 Posted January 1, 2015 Author Share Posted January 1, 2015 Yep that is our plan. We are going to apply for the prospective marriage visa. I am completing a veterinary degree that requires me to work long hours at a hospital outside of London, and my boyfriend works at the opposite end of London towards Heathrow, and it would be about an hour and a half commute which isn't plausible since I am on call frequently and must be able to get there within 20 minutes. He got promoted 6 months ago so it wouldn't be smart for him to leave his job either. Of course we very much want to live together, but it is just not something either of us can do at the moment. I am very clear on the definition of a de facto couple, we do share finances and I stay with him for 3 week periods when I am completing externships in the city, but I wasn't sure that qualified for "living together" as I don't pay rent when I stay with him. Link to comment Share on other sites More sharing options...
VERYSTORMY Posted January 1, 2015 Share Posted January 1, 2015 I would ensure you use a good agent in your application - as wrussel (a very highly regarded agent) has already become familiar with your case, I would suggest you contact him direct. Link to comment Share on other sites More sharing options...
Marisawright Posted January 1, 2015 Share Posted January 1, 2015 That's a different story, then. If you can prove the share finances, that would be excellent evidence of your commitment. Nominate his place as your "primary residence", even if you're not there most of the time - it's the place you share, and it doesn't matter whether you're paying rent or not. It would be ideal if your name was on the lease too, but that can't be helped now! Keep a diary of all the days you stay there, even weekends. Get statutory declarations from friends witnessing to the fact that you're in a permanent relationship and that you live together when you can. Link to comment Share on other sites More sharing options...
Quinkla Posted January 1, 2015 Share Posted January 1, 2015 I am still not quite clear about what you are trying to do. Is one or other of you Australian? If so, then an option would be for the Australian to return home and the other one apply for a prospective marriage visa. If you are already living apart then this would be no hardship. But given that you both seem to have commitments in the UK, why is there any imperative to move to Australia anyway? Wouldn't the goal be to create a better living arrangement in the UK that allows you to study and your boyfriend to continue up the career ladder? Then, when you have been living together, you would be able to apply for a partner visa without any problems if that were still what you wanted to do. Link to comment Share on other sites More sharing options...
Mwilliamson1 Posted January 1, 2015 Author Share Posted January 1, 2015 I am still not quite clear about what you are trying to do. Is one or other of you Australian? If so, then an option would be for the Australian to return home and the other one apply for a prospective marriage visa. If you are already living apart then this would be no hardship. But given that you both seem to have commitments in the UK, why is there any imperative to move to Australia anyway? Wouldn't the goal be to create a better living arrangement in the UK that allows you to study and your boyfriend to continue up the career ladder? Then, when you have been living together, you would be able to apply for a partner visa without any problems if that were still what you wanted to do. I am American and I have been in the UK studying for 4 years, but my student visa runs out at the end of my degree, which is 5 years. After that I will have to return to the US. I like the UK, but don't want to continue living here, as it is very expensive and the career opportunities in terms of salary for my degree are much less than in other countries. My boyfriend is Australian and has a British passport so he can stay here as long as he wants, but he doesn't love the UK either and London is quite expensive and doesn't really allow for him to save up to put money towards buying a house in the future, etc. Of course we could move to a smaller city in the UK, but since neither of us have family here, there is not a lot of reason to stay. We are living apart but see each other on a weekly basis. Him moving to Australia and me moving back to the States would absolutely be considered a hardship in my opinion. Link to comment Share on other sites More sharing options...
Quinkla Posted January 1, 2015 Share Posted January 1, 2015 Could you apply for a partner visa for the UK so that when your degree ends, you can live together and then apply for an Australian visa in a more leisurely fashion. Or how about him moving to the US? I think partner visas for the US are much faster and more straightforward - although might require a marriage certificate? Link to comment Share on other sites More sharing options...
Mwilliamson1 Posted January 2, 2015 Author Share Posted January 2, 2015 Could you apply for a partner visa for the UK so that when your degree ends, you can live together and then apply for an Australian visa in a more leisurely fashion. Or how about him moving to the US? I think partner visas for the US are much faster and more straightforward - although might require a marriage certificate? I could apply for another visa to stay in the UK but neither of us are keen to stay. He could move to the US and that is another option, but we would have to get married. At this point we are weighing the options between a fiancé K1 visa for the US and the prospective marriage visa for Australia. Link to comment Share on other sites More sharing options...
Quinkla Posted January 2, 2015 Share Posted January 2, 2015 The Prospective Marriage Visa for Australia could work out quite well. As an Australian citizen, you don't have to be resident in Australia to sponsor for it; and if it is granted at roughly the time your visa in the UK is up, you could both travel to Australia together. Link to comment Share on other sites More sharing options...
wrussell Posted January 2, 2015 Share Posted January 2, 2015 My boyfriend is Australian Your de facto partner is an Australian. You have Australian visa options, other than applying for a PMV. May I suggest that you consult a registered migration agent for advice about strategy? Any of the RMAs who regularly post on this forum are OK. Link to comment Share on other sites More sharing options...
Marisawright Posted January 2, 2015 Share Posted January 2, 2015 My boyfriend is Australian and has a British passport If your boyfriend is Australian, you're making things unnecessarily difficult by applying for the wrong visa! Link to comment Share on other sites More sharing options...
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