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Defacto advice pls


Suem8

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Hi hopefully some help for me on here.

im lucky enough to have Australian passport but been living back in the Uk for 3 years been dating a guy fir nearly 2 years who's English.

im ready to move back to Australia he's in his 50s do we apply here or once I'm back in oz and does he stay in the uk.

i don't live with him but I spend 4-5 nights a week at his.

Do I need a job in Oz before we apply?

any help would be great thanks.

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I do wonder if right now you meet the requirement for de facto for a partner visa.

 

Have you read all the info on it and the requirements?

 

https://www.border.gov.au/Trav/Brin/Part

 

There is on shore (apply in Aus) and off shore (apply outside of Aus). The cost the same, however, on shore takes 12-15 months, off shore about 10-14. For both you have to show de facto for the year directly preceeding his application. You say you have been 'dating' for 2 years. This is probably not enough for a partner visa, that is just boyfriend/girlfriend sort of thing. You need to be sharing a life, able to show evidence of this. Can you do that? Outside of taking a holiday together, going to the cinema, attending a wedding sort of scenario? All those things can be done when dating, de facto is something else.

 

I read recently the de facto living together ruling had changed but just because that has doesn't mean the rest of the supporting and required evidence has. You can read about the ruling here http://www.pomsinoz.com/forum/migration-issues/242111-new-de-facto-ruling.html.

 

They will still want to see proof you share a life together (the list of things, evidence, stat decs etc to include with the application is quite long), shared bills or payments, perhaps wills, named on life insurance policy, transactions between accounts, named on car insurance. There is a heap of hoops to jump through provide evidence your relationship is de facto and ongoing. We lived together for quite a long time (and were married) but had to provide a heap of evidence to show we were a couple for the visa application.

 

If you are in any doubt I'd contact a reputable MARA registered migration agent for advice. Some good ones post on here fwiw.

 

[h=3]De facto partner[/h]A person is the de facto partner of another person (whether of the same sex or a different sex) if:

 

 

  • they have a mutual commitment to a shared life to the exclusion of all others
  • the relationship between them is genuine and continuing
  • they live together or do not live separately and apart on a permanent basis
  • they are not related by family.

 

For an application for a permanent, Business Skills (Provisional), Student (Temporary), Partner (Provisional), Partner (Temporary), or a General Skilled Migration visa the de facto relationship must have existed for at least 12 months immediately preceding the date of application.

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