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Hi everyone,

Yet again I have struggled to find answers online and am turning to you for help!

I recently lodged my 190 visa application and I'm worried that I made a mistake concerning my relationship status... I'm in a relationship with an Australian, we've been officially together since March 2019 and we started living together November 2019. When I did my EOI in January, after some online research I put that I was in a de facto relationship as we were living together and all the definitions of being in a genuine, domestic and continuing relationship etc applied to us. It seemed that the 12 month rule was applied to people applying for partner visas, i.e. they had to have been in a de facto relationship for at least 12 months. I got the same amount of points for this as I would have done if I had put single, so I figured that it didn't matter too much about time-frames as it's not like I get extra points for having an Aussie partner... it seemed more that they wanted an accurate picture of my situation...

When I completed my application, I was again asked about my relationship status, so I put de facto, as nothing had changed since I did my EOI. This time I was asked for the start date of the relationship, so I just put the start of our actual relationship, March 2019. Now I'm looking back on it and panicking that I should have put November when we actually moved in together and became de facto. My partner is adamant that I'm overthinking it and says that I answered the question that I was asked... he also said that as he's not an applicant that it shouldn't matter as I'd have the same points if I was single etc... and it's not like my visa depends on how long we've been together anyway...  Now I'm starting to question whether I should have even put de facto as we haven't lived together to 12 months and I've seen some things that say that you're not considered de facto until 2 years. Sigh. I'm just very unsure and wondering whether I should contact them to say that I made a mistake... I'm not even sure how I'd do this anyway. I'm not trying to deceive anyone or lie, just trying to be honest but it's so confusing! Maybe I'm just a battler. 

Does anyone have any advice?? I know that single points/ Aussie partner points are new since Nov last year, so I can't find loads about it! 

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You are considered de facto as soon as you move in together.  

You can't apply for a de facto visa until you've been together a year.    If you break up,  you're not covered by the laws of de facto relationships until you've been together 2 years.  I think you may be thinking of one of those.  

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9 minutes ago, Marisawright said:

You are considered de facto as soon as you move in together.  

You can't apply for a de facto visa until you've been together a year.    If you break up,  you're not covered by the laws of de facto relationships until you've been together 2 years.  I think you may be thinking of one of those.  

Thanks so much for clarifying this! Yeah I think it was under family law or something, the two year one!

Do you think it matters about the date that I put in? Should I have put when we moved in together rather than the day we became a couple? 

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12 hours ago, sophieb92 said:

Thanks so much for clarifying this! Yeah I think it was under family law or something, the two year one!

Do you think it matters about the date that I put in? Should I have put when we moved in together rather than the day we became a couple? 

"De facto" means a relationship that's the equivalent of marriage, you just haven't gone through a ceremony.  Dating, even committed dating, doesn't count.  So you have made an incorrect statement.  I have no idea how vital the exact date is in these particular circumstances, sorry.

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1 hour ago, Marisawright said:

"De facto" means a relationship that's the equivalent of marriage, you just haven't gone through a ceremony.  Dating, even committed dating, doesn't count.  So you have made an incorrect statement.  I have no idea how vital the exact date is in these particular circumstances, sorry.

Yeah thats What I thought... I don’t know how I’d change it now though, or inform them that I made a mistake... 

Surely a lot of people must answer this question incorrectly.. because it just says “when did the relationship start?”, there almost needs to be two questions... one for the start of the relationship, and one for when did it become de facto 😔

Thanks for you help though! 

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