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Guest tomatoes revenge

Defacto Visa Complicated,Pls help!!

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Guest tomatoes revenge

Hi all,

I have been lurking a while and read alot of posts in the forum, but cant find anything to match my dilemma.Am so confused.

 

Me and my bf lived together for 2yrs.after that we split although we maintained contact and spent time together like bf gf.we then split completely and have been apart for one and a half years.We always stayed in touch during this time through a variety of methods,and took a holiday together a few months ago to see if we could reconcile.

 

My point is this, we have decided for me to move to Sydney where he lives and I think the defacto visa is the right one.But with their 12 month living together, because we have been apart, will this affect my application.

 

If so, what can we do to resolve this or is there another approach we could use.

 

Thank you for reading this.

 

Confused tomato

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Since getting back together have you resumed your relationship as a de facto couple? If so you will need to provide evidence of this for each of the 12 months immediately prior to applying for the de facto partner visa. There are other ways of proving a de facto relationship for those who have not been living together for past 12 months and they do understand periods of separation but as you were split up I think you will likely be looking at counting the 12 months from the date you reconciled. What you will need to do is look at what evidence you do have and please do talk to an RMA to be sure.

 

If you don't qualify at this stage there are other ways to get the 12 months of evidence you need such as a working holiday visa if you are under the age of 30.

 

Best of luck for the future. :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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Guest tomatoes revenge

Hi

yes we have, but we are in the dilemma of being apart and not living together,we have plenty of evidence and can get family and friend statements.We dont qualify for WHV.

 

But i was thinking that maybe I could go for a 12 month holiday visa and then apply?But would they reject the application if I said I was going there to visit my bf.Soooo confused

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As long as you are going there on the understanding that it's a holiday (for the purpose of being with your other half of course) and not for work, I don't see why they would reject it on those grounds alone. The only downside being that you will almost certain have to apply for your de facto visa offshore because 12 month holiday visas nearly always come with the 'no further stay' condition so you will need to save quite a bit of money for not just the trip, the visa and the costs that entails but any extra flights.

 

I think it's worth talking to an RMA in any event but if the long-stay visitor visa turns out to be the most practical option do take the time to read through the list of evidence you need now and start saving everything so that you have lots of evidence to back up your application for the partner visa later on.

 

The [offshore] 309 partner visa: http://www.immi.gov.au/migrants/partners/partner/309-100/

The checklist: http://www.immi.gov.au/migrants/_pdf/309-100-checklist.pdf

The Partner Migration booklet: http://www.immi.gov.au/allforms/booklets/1127.pdf

 

It sounds like a LOT and it is but it's not impossible. All the best :hug:


“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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Guest Forester83

Hi confused tomato,

 

when I read your post for a second I thought my partner had written in. We're in pretty much the same situ as you. My partner and I got together in Nov 2005, then split for a while last year. He was offered 457 sponsorship in Brisbane, and in Feb this year he asked me to come out. We've been back together since then, and I've been here on a tourist visa.

 

I'm going home mid-aug when my visa expires, and am planning to apply as his defacto partner off-shore. Everywhere insists on the importance of having been in a defacto relatiohship for 6 months (for 457) or 12 (for PR) priod to application, but cos of the glitch last year we won't have had that. We've got loads of evidence from the few years before the split, as well as our family and friends who will do stat decs. It's so stressful isn't it?!

 

I couldn't find anyone else in the same situation, so it was a relief to come across your post. If you fancy a whinge/rant to someone in a similar situation then it'd great to hear from you, so we can swap stories/moaning, etc.

 

Good luck with it all!

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