de facto spouse visa

[Guest starsky]

Hello,

 

My partner has been in Oz since May and due to the housing crisis (we cant sell) it has taken till now for me to apply for the de facto spouse visa. Do you think the gap from her leaving till me applying will go against us?

 

Also as i am doing this myself any advice on how to complete the forms and anything that i have missed would help a great deal.

 

Has anyone who has done this visa got a list of what they did/sent?

 

I have completed forms: -

 

47sp

40sp

got 2 declarations from partners family

got 3 decalrations 1 from each of my parents and 1 from her parent who lives in britain

have both written a letter sayinghow we met, how we share living expenses and how we help each other through things.

 

I have letters showing a joint mortgage and a joint bank account and also a letter from her work in Oz showing income and how we can afford to live.

 

Police check arrived in november with one conviction but from 12years ago and i have written a letter explaining how i was stupid and that it was a childish thing to do ( i was 20 at the time)

 

Meds are booked for January.

 

My partner arrives back for a 3 week holiday in February and we are hoping that this visa will be granted so we can leave together.

 

Any help or advice would certainly help me reduce panic and stress.

 

thanks for taking the time to read

 

S

[Guest wendersinoz]

Hi Starsky, I'm not much help with the time you lived apart - we did live apart for about a month and it was never raised but not sure if that's much help to you! One thing I noticed you don't have on your list is statements from you both saying how you met, memorable times together etc. This was something we were asked to provide.

Hope it all goes well for you!!!

Wendy

[Guest Bexta]

Hi Starsky,

 

Yep all those docs are right, but as the above poster said make sure you include lots of information showing you are a loving couple and committed to a life together. Some of the information my OH and I sent included bills, gym memberships together, phone call lists, tickets and itinerary from hols together, rental agreements etc. Plus photos and we sent about 5 stat decs from friends and fam. (Mainly from my side as I am the Oz)

 

I am a little concerned about your plan to apply for a De Facto visa now after you have not been living together for 7 months (you said your OH went back to Oz in May right?). I'm not sure Immi will grant you a Spouse visa easily as the main requirement is that you have been living together for a minimum of 12 months immediately prior to the application of the Visa. How long have you been together altogether? Do you have any kids together? I think only being able to show a seriously long relationship (eg 7-10 years plus) or having kids together will probably be the "compassionate & compelling" reasons they will need to have to approve your Visa if you have been apart for 7 months.

 

I don't mean to be a killjoy on this, but Immi are naturally sceptical of any applicants that have a significant period of being apart. My OH and I had 3 months apart at the end of last year and we applied for our Spouse Visa in September this year, but we almost didn't get it as she considered our time apart meant we had not lived together for the 12 months previous to applying (check out oher posts by me as you'll see the whole drama explained there). Basically we had to then provide "compassionate and compelling" reasons as to why I we had been apart for 3 months (my job was keeping me back in Oz) so I'm not sure if they will accept having to sell a house as a reason for being apart for 7 months, is all?? The thing is that they come to look at each application with a good amount of cynicism so they may well say, maybe they broke up for 7 months and have decided to get back together again in Oz? (Not saying this is what happened obviously! But it just may be the view Immi take unfortunately!)

 

Is there any way you can go out to Oz on a tourist Visa or soemthing to make ensure you have lived together for a year before applying onshore? Or maybe consult an Agent before you apply by yourself, they will give you a free intial consult before you have to make any decisions? I really feel like this post has been a bit depressing for you, I don't want to be the negative-nelly but I just want to make sure you have the bext chance of getting your Visa approved when you apply, as I know all the stress and heartache that my OH and I went through while we were getting ours approved.

 

Mind you, I guess at the end of the day, ours was approved, so there is definitely hope for you too. It may not be all bad! :confusedxmas:

[Guest lesleyc73]

Hi Bexta,

Your insights on the 12-month relationship requirement has sparked a question in my mind. When the authorities refer to a minimum 12-month requirement how do they count? For example, if the couple began living together from 15 July 2007, would they have reached 12 months on the same day the following year ie. 15 July 2008? Or does it have to be 15 August 2008 before it is counted as 12 full calendar months?

 

Appreciate your advice as from reading your various posts you have experience on this.

 

Thanks.

[Guest Bexta]

Hi Bexta,

Your insights on the 12-month relationship requirement has sparked a question in my mind. When the authorities refer to a minimum 12-month requirement how do they count? For example, if the couple began living together from 15 July 2007, would they have reached 12 months on the same day the following year ie. 15 July 2008? Or does it have to be 15 August 2008 before it is counted as 12 full calendar months?

 

Appreciate your advice as from reading your various posts you have experience on this.

 

Thanks.

 

I've replied to you on this in one of your other posts!

You'll be fine Lesley, don't stress hon.

:yes: