Katrina123450 Posted February 4, 2015 Share Posted February 4, 2015 I applied for a 820/801 in May 2014 and immigration contacted me on Monday requesting more supporting evidence! I have pulled together as much as I can, but am now worried it may be declined.... Any ideas what options are available if it is declined? Thanks Kat Link to comment Share on other sites More sharing options...
blossom Posted February 4, 2015 Share Posted February 4, 2015 Why do you think it might be declined? Link to comment Share on other sites More sharing options...
Nemesis Posted February 4, 2015 Share Posted February 4, 2015 I applied for a 820/801 in May 2014 and immigration contacted me on Monday requesting more supporting evidence! I have pulled together as much as I can, but am now worried it may be declined.... Any ideas what options are available if it is declined? Thanks Kat Can I ask if they just said 'we want more evidence' or did they ask for specific things? Fingers firmly crossed for you. Link to comment Share on other sites More sharing options...
redderdevil Posted February 4, 2015 Share Posted February 4, 2015 Hi Kat, From my experience when applying, they usually contact you if things are moving ahead. I'd suggest they need more evidence before you commence the next stage. I remember its a very nerve wracking experience and each day the post arrives you're wondering what it may hold, but I believe they only ask for additional information if you've a strong application to start with. Hope it goes well for you, all the best Link to comment Share on other sites More sharing options...
Katrina123450 Posted February 4, 2015 Author Share Posted February 4, 2015 Blossom79 - I am worried that becasue we werent living together for a year we may get declined - we were attempting to purchase a house at the time so have submitted lots of evidence and expalined this as our reasoning but who know it may not be enough Nemesis - I was asked to provide more evidence to support our relationship the year prior to applying and the evidence from the date of applying until the present day. We have heaps from the application to present day but not much that we hadnt already submitted for the year prior to application. Thanks for the good look wishes! Its so nerve wracking isnt it!!! Redderdevil - Great that makes me feel a lot better! Lets hope then that I am in that category or progressing to the next stage, do you know what the next stage is? Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 4, 2015 Share Posted February 4, 2015 When did you start living together? Link to comment Share on other sites More sharing options...
Katrina123450 Posted February 4, 2015 Author Share Posted February 4, 2015 When did you start living together? Not until the October Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 4, 2015 Share Posted February 4, 2015 If that's October 2013 and if you didn't register your relationship before you applied in May 2014, I think you could have a problem. Interestingly (and surprisingly) though, the CO has asked for evidence of living together from the date of applying until the present. That sounds like they might be considering taking evidence of cohabitation after the application into account though I've ever heard of that before. Link to comment Share on other sites More sharing options...
Katrina123450 Posted February 4, 2015 Author Share Posted February 4, 2015 Its not an option to register our relationship here in WA so I am unable to do this to exempt me from the 12 month criteria. Yea well we can only hope so, I will keep you posted to satisfy your curiosity Link to comment Share on other sites More sharing options...
blossom Posted February 4, 2015 Share Posted February 4, 2015 Its not an option to register our relationship here in WA so I am unable to do this to exempt me from the 12 month criteria. Yea well we can only hope so, I will keep you posted to satisfy your curiosity Ohhhh dear. Good luck! Link to comment Share on other sites More sharing options...
engaus Posted February 4, 2015 Share Posted February 4, 2015 Ohh dear. Have just read this after posting in your other thread. In theory your visa shouldn't be granted because you didn't' meet the 12 month requirement (living together is a time of application requirement) and from what you have said you don't have any compelling or compassionate reasons for not being able to meet the 12 months. You could have got married and this would have waived the 12 month requirement. Send as much information as possible! Search a few forums for ideas, because I know when I applied I had information I dind't even think could be used as evidence that I found other people using! Best of luck + let us know how you go! Link to comment Share on other sites More sharing options...
Katrina123450 Posted February 4, 2015 Author Share Posted February 4, 2015 You dont have to be living together for 12 months to be in a De facto relationship, we looked and looked and looked until the cows came home before applying. We have submitted reasons as to why we werent, i guess its just a case of hoping its good enough! its so hard to research what happens if it is declined though, I think i may go see a migration expert if it does! Link to comment Share on other sites More sharing options...
engaus Posted February 4, 2015 Share Posted February 4, 2015 They only count your defacto relationship from the point you start living together. A few agents have mentioned this and there was a recent court ruling on it according to WRussel (MARA agent). From IMMI site: To satisfy this requirement, the couple must demonstrate that they have been in a de facto relationship for at least 12 months before the visa application is made. For migration purposes, a person is in a de facto relationship with another person if they: are not married to each other have a mutual commitment to a shared life to the exclusion of all others are in a genuine and continuing relationship live together or do not live separately and apart on a permanent basis are not related by family. Link to comment Share on other sites More sharing options...
Katrina123450 Posted February 4, 2015 Author Share Posted February 4, 2015 Living together is regarded as a common element in most on-going relationships. It is recognised that, for various reasons, couples may sometimes have to live apart. Provided the separation is temporary and the couple had, at some point since commencement of the relationship lived together, their relationship might still satisfy the requirements of a de facto relationship. For this reason, the one year relationship criterion does not require the couple to have physically lived together for the entire 12 months, but rather to have been in a de facto relationship for that period. Partners who are currently not living together may be required to provide additional evidence that they are not living separately and apart on a permanent basis in order to satisfy the requirements of a de facto relationship. any tips you have for evidence will be wildly appreciated! Link to comment Share on other sites More sharing options...
engaus Posted February 4, 2015 Share Posted February 4, 2015 So when you sent in your application you had proof of being in a de facto relationship prior to living together? Obviously they think your application has merit otherwise they would have refused it by now. Gave my suggestions on the other thread, but as I said use the search function on this website and you will find hundreds of posts showing people giving lists of their evidence. Link to comment Share on other sites More sharing options...
NicF Posted February 4, 2015 Share Posted February 4, 2015 I think the point is you only become a de facto couple once you start living together and then if you have to live seperately after that point you are still considered de facto. You may get rejected because you do not meet the 12 month criteria as you did not live together at the beginning of the 12 months. Assuming for a minute that your living arrangements are not going to get your visa rejected ideas for other evidence of de facto could be things like having each other as named drivers on your car insurance, being joint members of a club or similar, having each other named as beneficiaries on your super, sharing bills (not likely if you don't live together but you never know). Basically anything that shows you do things as a couple rather than as individuals will help. There are loads of threads on here about what evidence people have submitted. Go through some of those to see if you can get some ideas. Link to comment Share on other sites More sharing options...
Katrina123450 Posted February 4, 2015 Author Share Posted February 4, 2015 Yea, perhaps I'm in a maybe pile, like you say I too think I woulda been declined by now if it was a clear cut no! I will get researching thanks Link to comment Share on other sites More sharing options...
engaus Posted February 4, 2015 Share Posted February 4, 2015 I think the point is you only become a de facto couple once you start living together and then if you have to live seperately after that point you are still considered de facto. You may get rejected because you do not meet the 12 month criteria as you did not live together at the beginning of the 12 months. Yeah exactly haha! That was the point I was attempting to make Link to comment Share on other sites More sharing options...
Katrina123450 Posted February 4, 2015 Author Share Posted February 4, 2015 I see your point now, ah we'll I guess I'm guinea pig! Link to comment Share on other sites More sharing options...
engaus Posted February 4, 2015 Share Posted February 4, 2015 Keep us updated and stay positive! Smother them with evidence!! Link to comment Share on other sites More sharing options...
MaggieMay24 Posted February 4, 2015 Share Posted February 4, 2015 From everything I've read, the temporary separation needs to have occurred AFTER you began living together not something preventing you from starting to live together. Good luck and hopefully they'll decide in your favour. Link to comment Share on other sites More sharing options...
blossom Posted February 4, 2015 Share Posted February 4, 2015 Yep, there have been people come through the forum who have been refused for it being less than a year, even with no separation. Fingers crossed you have a generous co. Link to comment Share on other sites More sharing options...
Katrina123450 Posted February 10, 2015 Author Share Posted February 10, 2015 well thats it folks - second batch of evidence just submitted, and now we wait again! Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 10, 2015 Share Posted February 10, 2015 well thats it folks - second batch of evidence just submitted, and now we wait again! Good luck! Let us know how you get on. Link to comment Share on other sites More sharing options...
Que Sera Sera Posted February 10, 2015 Share Posted February 10, 2015 well thats it folks - second batch of evidence just submitted, and now we wait again! Fingers & toes crossed for you. Link to comment Share on other sites More sharing options...
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