cynthiarios91 Posted August 17, 2016 Share Posted August 17, 2016 Hi!!!! I'm really hoping that someone can help answer my questions So I was living in Australia on a work and holiday visa from the United States, California specifically, from July 2015-2016. Well in my last month and a half living in Australia, I met and fell wildly in love with a kiwi.... great timing, right. We are both crazy about each other and were heartbroken about me having to leave the country. He was talking to some of his friends and they suggested we get the 461 partner/family visa to bring me over. We want to live together and have already talked about getting married in the future. Well, while going through the paperwork, I noticed there are only options for de facto, married, or engaged. And as our relationship has been short and with the nature of my visa, there was absolutely no possibility that we could have lived together for 12 months in order to qualify as de facto. I am not sure what to do at this point, we cannot prove that we have lived together for a year, because we have not, but we are a legitimate couple and have proof of that fact. So my question is, is there anything we can do. Online searches have been discouraging but I feel like there must be a way. People fall in love quickly all the time and all over, so the visa terms do not make much sense to me. Any advice, knowledge about this would be GREATLY APPRECIATED. thanks in advance for your time Sincerely, Cynthia Rios Link to comment Share on other sites More sharing options...
Bungo Posted August 17, 2016 Share Posted August 17, 2016 ... Link to comment Share on other sites More sharing options...
cynthiarios91 Posted August 17, 2016 Author Share Posted August 17, 2016 great help, thanks Link to comment Share on other sites More sharing options...
ricco56 Posted August 17, 2016 Share Posted August 17, 2016 And as our relationship has been short and with the nature of my visa, there was absolutely no possibility that we could have lived together for 12 months in order to qualify as de facto. I am not sure what to do at this point, we cannot prove that we have lived together for a year, because we have not, but we are a legitimate couple and have proof of that fact. So my question is, is there anything we can do. Congratulations on falling in love with your New Zealander. The 12 month minimum relationship length applies to de facto partner applicants for permanent visas and some selected temporary visas (including Partner 309/100 or 820/801). The 461 is a long term (5 year) Temporary visa and as a consequence the 12 month qualifying period does not apply. Therefore if you can establish that you are in a defacto relationship with your eligible NZ partner (and hence are a member of their family unit) you are eligible to apply for the 461 without having to wait 12 months. The 461 provides 5 years of temporary residency in Australia, and can be renewed, thus giving you ample time to learner the finer points of Australian and New Zealand culture (including the Laws of Cricket). Link to comment Share on other sites More sharing options...
cynthiarios91 Posted August 17, 2016 Author Share Posted August 17, 2016 Hi, Thank you very much for reply. Just had a question still... so we can apply as de facto without living together? I googled the definition to be that it meant living together for a minimum of 12 months. Can we be a de facto couple by just being a couple? Sorry, its just someone else replied to my post as well saying that I am not eligible for the 461. So I am a little confused on why the conclusions are differing. Thanks again for your time!!! I really appreciate it Link to comment Share on other sites More sharing options...
Raul Senise Posted August 17, 2016 Share Posted August 17, 2016 Hi,Thank you very much for reply. Just had a question still... so we can apply as de facto without living together? I googled the definition to be that it meant living together for a minimum of 12 months. Can we be a de facto couple by just being a couple? Sorry, its just someone else replied to my post as well saying that I am not eligible for the 461. So I am a little confused on why the conclusions are differing. Thanks again for your time!!! I really appreciate it There are differing Regulations and Policy as to what constitutes a "de facto relationship" based on a number of factors, including the type of visa that is being applied for. Trying to obtain the answer to an often complex legal definition of a term and how it relates to Immigration Regulations and Policy, in your specific circumstances is not recommended. You have been given a possible option based on the limited information to hand. You are unlikely to get more detailed "correct" advice on your very specific circumstances on a public forum. Some professional advice relevant to your situation may be advisable. Link to comment Share on other sites More sharing options...
ricco56 Posted August 18, 2016 Share Posted August 18, 2016 Hi,Thank you very much for reply. Just had a question still... so we can apply as de facto without living together? I googled the definition to be that it meant living together for a minimum of 12 months. Can we be a de facto couple by just being a couple? Sorry, its just someone else replied to my post as well saying that I am not eligible for the 461. So I am a little confused on why the conclusions are differing. Thanks again for your time!!! I really appreciate it As I stated in my original post the 12 month qualifying period only applies for applications for certain visas. For other visas (eg 461) you must establish that you are de facto partner but you don't have to have been defacto for any pre-determined period. Nevertheless to be defined as de facto you need to meet the legislative requirements and if you don't have a history of living together, nor made a commitment to a shared life together by having combined financial, administrative and household arrangements then it is unlikely that you would be considered a de facto couple. So to answer your question: No you cannot be considered a de facto couple just by being a couple. Being a de facto couple means you are 'family'. Link to comment Share on other sites More sharing options...
ricco56 Posted August 18, 2016 Share Posted August 18, 2016 Nevertheless to be defined as de facto you need to meet the legislative requirements and if you don't have a history of living together, nor made a commitment to a shared life together by having combined financial, administrative and household arrangements then it is unlikely that you would be considered a de facto couple. Although (for 461 applicants) there is no minimum period specified in the Legislation to qualify as a de facto partner, policy documents suggest that relationships of less than 6 months would be difficult to classify as genuine de facto relationships. Link to comment Share on other sites More sharing options...
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