Defacto partner visa

[Jonp1985]

Hello,

 

 

So, after hours of unsuccessfully trying to find an official I could talk to about visa applications, I came across this place. I'm looking to apply for a partner visa, but our situation is a little tricky to describe and none of these silly online forms allows me to convey it properly.

 

Here's our deal.

 

Before we met, my fiancee came over to the UK on a two year working visa in May 2014. We met in November that year. In September the following year we moved in together, and we have proof, bills and tenancy agreements and all that. In May this year, her visa expired so she had to return to Aus. I went with her on an ETA and came back last week. We got engaged towards the end of July and are looking to get married in April 2018. She is currently living in Australia and I am in the UK. I would like to move out there in January next year, but I was wondering if the time we've had to spend apart is going to affect our application for a partner defacto visa.

 

I know they prefer that you have been living together for 12 months, but obviously due to our circumstances it's not been possible. What other evidence can we provide?

 

 

Many thanks!

[Marisawright]

If you can provide clear evidence that you were forced to live apart, and would've stayed together if it was possible, then it's OK I believe.

[Nemesis]

Hello,

 

 

So, after hours of unsuccessfully trying to find an official I could talk to about visa applications, I came across this place. I'm looking to apply for a partner visa, but our situation is a little tricky to describe and none of these silly online forms allows me to convey it properly.

 

Here's our deal.

 

Before we met, my fiancee came over to the UK on a two year working visa in May 2014. We met in November that year. In September the following year we moved in together, and we have proof, bills and tenancy agreements and all that. In May this year, her visa expired so she had to return to Aus. I went with her on an ETA and came back last week. We got engaged towards the end of July and are looking to get married in April 2018. She is currently living in Australia and I am in the UK. I would like to move out there in January next year, but I was wondering if the time we've had to spend apart is going to affect our application for a partner defacto visa.

 

I know they prefer that you have been living together for 12 months, but obviously due to our circumstances it's not been possible. What other evidence can we provide?

 

 

Many thanks!

Include every scrap of evidence you have showing how you kept in touch while apart and how you kept the relationship going - cards, emails, letters, social media, financial ties, joint memberships, plans for when you can be together again, anything registered at each other's address, anything that maintains you as a couple while living apart.

 

And hope you don't get the case officer we had.

 

Good luck

[MaggieMay24]

Your relationship needs to have been at a de facto level during the 12 months before you apply, which doesn't necessarily mean you must have lived together during the whole time or even at all although this obviously makes things a whole lot easier. If you started living together at least 12 months before applying, and any time apart was considered to have been temporary, you're probably in quite good shape as long as you have the normal sort of evidence and can also prove how you maintained your relationship during your time apart.

[Guest]

I'd run your case past a reputable MARA registered migration agent and see what they think. Its a lot of money to apply and lose if it doesn't get approved for some reason.

 

While de facto applications now allow for couples to live apart it will require the same level of evidence as those that live together. So keeping up the commitment you had when living together. Shared life, financials etc. You lived together and started de facto from Sept 2015 from what I can tell. And in May 2016 your partner had to return to Aus. You don't say much about your level of commitment on paper to each other since the move back to Aus for your partner. Have you kept all those things going? If not, then why not? A CO is going to want to know all that.

 

Have you done things like named each other in life insurance policies, written wills naming the other, set up say a savings account in both your names that you both continue to pay into while apart? Transfer funds between your bank accounts for things still (ie saving for the wedding or something)? Its no good going from living together to then being like a couple doing long distance dating, you need to keep the commitment up and be able to prove it. I don't think emails and chat messages between you would be enough. Couples that live apart that I recall provided official evidence also to back up their application.

 

Having said all that, seeing as you are engaged and not planning to marry till 2018, if an agent doesn't think you've a strong case for de facto, you would be fine for a PMV I'd say (barring medical and police checks etc). You could go that route and gain the PMV and then apply for the partner visa after marrying. Would be that bit extra cost of course but if you really don't have the continual evidence to support the partner visa application then it would be pretty much the only option open to you. I'd be more inclined to explore that if your de facto evidence is a bit shaky.

 

Don't forget, if you are claiming de facto from Sept 2015 they will want to see proof of this in some shape or form to help you case. Yes the 12 months prior to lodging are required and in full (so evidence to cover every month of that 12 months, ie bills, life insurance, bank /savings accounts connecting you both etc) but if you are saying you started de facto from Sept 2015 then showing evidence to support this from the start is also good and wise to include as it shows you actually living together etc.

 

ETA - Moving out in January next year may well not be possible as its doubtful a partner visa would be granted so quick as to be valid for then. Same with a PMV. Can you not use an Aus WHV or are you too old?