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Several Offshore 309 Defacto Questions

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I've got a couple of questions about De-facto visas and was hoping for some advice.

Me and my OH are in a genuine committed relationship and have been living together as such for almost 2 years. She is keen to move back to Oz and I think it is a great idea.


I applied for my WHV a while ago and have to activate this before July. I’m considering applying for a de facto spousal visa whilst here in London.


I have a couple of concerns.


The first is whether we would be granted the De-Facto visa. I know we meet the criteria although proving it is a different matter. We have lived together for 2 years. However, for the first 18 months her name wasn’t on the rental agreement. We moved 6 months ago and her name is on the current rental agreement. She has bills and lots of other documents i.e driving license etc to the old address. But does it matter if her name wasn’t on the rental agreement? So frustrating as I never thought it would matter.


If we wait and the de facto gets refused, my WHV will of expired. So can I appeal the decision? Any idea how much that would cost and whether there is any chance of the decision been over turned?


If we decided to go to Oz before applying for the de-facto visa, will the time we’ve been living in Oz be seen as time spent travelling? (the main purpose of the visa is stated as to be travel not to work/live). I don’t want to be 1 year down the line and still not be able to apply for the de-facto visa.


I'm sure that we’ll marry in the future but I’m sure that proceedure will be stressful enough without time constraints.


Also does anyone know if I can take my completed application the High Commission in London and submit the application to a CO in-person?


I appreciate that it is just your opinions and it won’t be any guarantee but would appreciate some advice from people who have a lot more idea than myself.


Thanks in advance


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Guest siamsusie

Hi Ronnie, by the sounds of it you would comply with the 12 month stipulation for a defacto visa and that would be the route I would be taking myself.

The issue regarding the "rent agreement" could be overcome with statements from say old landlords, or family and friends that confirm that you have been living together.

If you enjoy joint bank statements, Wills, Car insurances, joint bills and proof that your sponsor can be totally responsible for you financially for the next 2 years here in Australia then hopefully you should be ok.

Prospective Marriage Visa (Subclass 300) is a visa you could look at if that suited you better


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


Have a look through the check lists and see if you can supply all relevant documentation.


Best wishes and welcome to PIO




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Hi Ronnie,

A Statutory Declaration from your landlord stating that your girlfriend lived there with you from, for example, April 2008 until April 2010 will help as will Stat Decs from others who can confirm that not only did you both live at the same address but that you lived there as a couple. If I were you and concerned about the evidence, I would consider talking this over with an Registered Migration Agent (RMA) to be sure that you have enough to get a successful decision. If you can get supportive Stat Decs I think you probably do have enough but it's best to get an opinion from an expert if in doubt.


You can take your application to London in-person and hand it over along with the fee at the counter.


Best of luck :smile:

“The nitrogen in our DNA, the calcium in our teeth, the iron in our blood, the carbon in our apple pies were made in the interiors of collapsing stars. We are made of star stuff.”

― Carl Sagan, Cosmos

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