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De-Facto Visa, can we apply if not livjng together but been together for over 2 years


Lucysdream

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Hi All,

 

My partner and I wnat to move to Australia together, his job is on the skills list so he would be main visa apllicator. We have been together for over two years now, but don't offically live together. I live with my parents and he lives ina shared house, however I stay at his house every night but not on the rent agreement and my address is family home on my bills/driving licence etc... I can prove we have been together from thousands of photo's, joint invitations, money transfers from his account to mine, we been on 2 foreign holiday's together(including Australia-amazing!) which we have booking information for, e-mails,family and friend's could also write statements, bithday/christmas and valentine cards, we also have receipts for rings we brought each other, the ring have insurance from jewellers and the other persons details on the ring, so his ring has my details and my ring his details. Would nay of this help or be enought?

 

Thanks for reading.

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Hi All,

 

My partner and I wnat to move to Australia together, his job is on the skills list so he would be main visa apllicator. We have been together for over two years now, but don't offically live together. I live with my parents and he lives ina shared house, however I stay at his house every night but not on the rent agreement and my address is family home on my bills/driving licence etc... I can prove we have been together from thousands of photo's, joint invitations, money transfers from his account to mine, we been on 2 foreign holiday's together(including Australia-amazing!) which we have booking information for, e-mails,family and friend's could also write statements, bithday/christmas and valentine cards, we also have receipts for rings we brought each other, the ring have insurance from jewellers and the other persons details on the ring, so his ring has my details and my ring his details. Would nay of this help or be enought?

 

Thanks for reading.

 

Hi Lucy, all the evidence you have is great, but unfortunately you do need to prove living at the same address for over a year, and perhaps joint bank account and bills for a year too.

Im sure someone else will confirm this for you, but this is what we had to do...

Maybe your parents can say that he has been living at theirs for a year ( not sure).

 

Anyway, just letting you know about our experience.

Good luck !!!

 

Tina and Scott

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Thanks for your reply.

Yes my mum said before she didn't mind saying he lived with us that way. He could always change his address to ours for bank account, driving licence etc..... But might be a bit dodgy. I will open up a joint bank account, I know we can get a cash account for starters. At the moment we don't really have any bills as we both live paying rent only.Maybe he can add me to his mobile phone contract or something, I am not too sure. I could always add him as a card holder to my credit card account or something... I have looked into us moving into a cheap flat, but even if we moved in there would have to wait 12 months before we can even start applying? Unless we say we lived at my parents before our own flat. Its trickly situation!!

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Thanks for your reply.

Yes my mum said before she didn't mind saying he lived with us that way. He could always change his address to ours for bank account, driving licence etc..... But might be a bit dodgy. I will open up a joint bank account, I know we can get a cash account for starters. At the moment we don't really have any bills as we both live paying rent only.Maybe he can add me to his mobile phone contract or something, I am not too sure. I could always add him as a card holder to my credit card account or something... I have looked into us moving into a cheap flat, but even if we moved in there would have to wait 12 months before we can even start applying? Unless we say we lived at my parents before our own flat. Its trickly situation!!

 

Your right it is a bit dodgy, we had to have our joint bank account for a year before application, and other bits and pieces proving " the whole year" together, its a nightmare i know. You are best off talking to an agent, there are some good ones on here...

Im sure they will come along and give you some advice soon.

Best of luck

Tina

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Defacto visas / applications are for people who are as good as married all but for a piece of legal paper. Married couple live together. You don't live together. You are dating and I am sure you are very serious, but you are not defacto.

 

What you are suggesting is visa fraud. I don't think I would want to risk it. I also don't think that a letter from mum, or getting a secondary credit card, is going to be good enough to convince DIAC anyway. They would also surely be able to tell when you open this joint bank account / get secondary credit card etc. so you still won't be able to prove 12 months.

 

If you want to apply for a visa on this basis, perhaps it is time to take the next step in your relationship. Or you could of course apply for a visa independently.

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Thank you for your reply pumpkin. We are looking at flats at the moment, its just a case of finding one within our budget. I wouldn't say we were only dating, we do live together as I stay at his everyday of the week, its just a case of the fact we don't have joint bills etc... as he lives in a bill inclusive home. We have been together for more then 2 years and have been living like that since the beginning. We wanted to do it as a defacto as his job is on the skills shortage list. I would think its would be best to apply together rather then him going alone and me going on student/holiday working visa etc.... as I think that would be harder to proof we are a couple if we didn't apply together to begin with. We were planning on doing a holiday working visa whist waiting for a perm visa. I think it be best we try move in somewhere together asap, then after 12 months we can apply, and the we could always go on our working holiday visa whist waiting, I take it while we are on that we can still be counted as being de-facto??? It's just trickly situation, we live the way we do so we can save money to do this kind of thing, but then it can go against us, catch 22.

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The 12 month requirement doesn't apply if you're married. Not saying you should do that but if it was a plan for the not too distant future anyway, you could consider that option.

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Guest hevloc00

Hi lucy,

Like everyone has said its not worth the risk applying for a defacto visa when you guys dont 'officially' live together...the DIAC would not even look at your application if you dont have bills, joint accounts etc going to the same address for the past 12months.

Why do you try speaking to a migration agent to see what visa you would qualify for? I rekon that would be your best bet then you know for sure.

 

Good luck

Heather

 

309 Defacto spouse visa submitted 12/11/09 granted 10/12/09 flying out to sydney 10/2/10

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Thanks all for your replies. As we are planning on going on a working holiday visa together, do you think that can be counted towards a de-facto visa? If we live together whist travelling, and get a joint account. We have enough evidence as I told you in my first post to prove we are a couple dating back a couple years. We probably would go on working holiday visa next year, but would be by next year as partner will be 28 then, so need to do it before his 31st birthday, plus we were plannin on doing new zealand as well as you can do up to 23 months on working holiday visa. I think our best bet is to move into somewhere together where we can get bills set up jointly, even if it is going to be a more expensive way of living then the way we do it now. At least if we move in together soon we can have 12 months evidence of living together before going on working holiday visa. I was going to open up a joint bank account last year when looking into this so might get that sorted asap, as that might help having us financlly connected. Just a shame we would wait 12 months before applying after moving in, as I believe the process takes 2 years, so we were wanting to apply now and then go on working holiday visa whist waiting, assume you can do that? But we could always apply after 12 months of living together and then go on working holiday visa after, if that is acceptable as a de-facto relationship. If we can't get a place together again do you think working holiday visa together would count?

 

Thanks to all for you kind replys all very helpful. Any further comments on my above post would be great. Thanks Cimbom for marriage idea, we has thought of that but think I would rather get married when we can afford to have a wedding we want, not that I'm sure on what that is yet!!! lol.

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