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Just short of 12 month defacto requirement


Guest serena+mathew

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Guest serena+mathew

Hi, my partner and I are just about to apply for a defacto visa and are experiencing a current dilema of the 12 month requirement. My current visa expires the same day that we have been living together for 12 months and falls on the Sunday after christmas so we are unable to lodge the application that day. We were planning on lodging it the wednesday before which makes us four days short of the 12 month requirement and the Immigration office said they could not advise us on this and it is up to us to take the risk that we may be denied due to not meeting the 12 month requirement, regardless of the fact that it is only 4 days. Has anyone had this same dilema or have any ideas about it? We have everything else and more than enough evidence for our relationship and just think it would be silly to deny us solely based on four days.

 

Also, the first week I was in Australia with my boyfriend we were traveling so does this affect the 12 months as well because we weren't actually in the house?

 

Thank you so much!

-Serena and Mathew

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Hi Serena,

Have a look at

Australian Immigration Fact Sheet 35. One-Year Relationship Requirement

 

Spouse Visa: Offshore Temporary and Permanent (Subclasses 309 and 100)

 

are you applying in the uk or in oz, if in oz you could apply to have an interview with a migration officer when you lodge your application which may help you situation

all the best

stuju

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Guest serena+mathew

Ya we are applying in oz and we went to the immigration office last week to speak with someone in person rather than over the phone and she said 4 days is no worry and they would rather me apply early than stay past my current visa. She even said applying 2 weeks early would have been fine so no worries! we are putting our application in tomorrow! thanks!

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Guest snow white
Ya we are applying in oz and we went to the immigration office last week to speak with someone in person rather than over the phone and she said 4 days is no worry and they would rather me apply early than stay past my current visa. She even said applying 2 weeks early would have been fine so no worries! we are putting our application in tomorrow! thanks!

if you met up with the immigration officer and they said that they would prefer you to apply now before your visa expires then all should be fine, keep us posted on how things go

all the best lesley x

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