Jump to content
Guest PixieV

Plz Help - Do we fulfill 12 months de facto?

Recommended Posts

Guest PixieV

Hi,

 

I have been with my partner since Oct 2009. We met in a house share and did not share a room until after Christmas, therefore we do not deem ourselves de facto until Jan 2011. We plan to apply for de facto in Feb 2011, just to make sure we are over the 12 month period. However, during this 12 months we will have spent 10 weeks abroad (from mid Aug to end of Oct 2010). All of this time will have been spent together, bar my partner spending an extra wk in sth africa and I will stay an extra 2 wks in the UK. My only concern that although my parents will have been our 'base' during this time, we will have spent 7 weeks travelling in total.

 

Do periods of travelling together go against the 12 month period? Although post etc will still be going to our unit during this time and my partner will be paying rent, due to my WHV coming to an end and my no longer being able to work, I am not contributing to rent during this period, my employed partner is paying for both of us and I will resume payment when I return to Oz. I also wondered if this would pose a problem?

 

Thanks!

Share this post


Link to post
Share on other sites
Guest GeorgeD

Here's some good info from DIAC:

Australian Immigration Fact Sheet 35. One-Year Relationship Requirement

 

From there, specifically, it gives this info about travelling:

 

My partner and I met when we were travelling around the world and realise now that we want to remain together. Does our time travelling together count towards the one year requirement?

When a person applies for a partner visa and are not married to each other, they must be able to provide evidence that for at least 12 months prior to making the application:

 

 

  • they had a mutual commitment to a shared life to the exclusion of all others
  • the relationship between them was genuine and continuing
  • they had been living together or had not been living separately and apart on a permanent basis.

 

If your relationship has been on a more casual basis – eg. you travelled together and shared accommodation, but you each had your own money, paid your own expenses and made no long term plans for your future until recently – you may not be able to meet the one-year relationship requirement.

You may need to establish your relationship for a longer basis before you make the decision to apply for partner migration.

 

 

I would say if you started living together and then went travelling together as a couple then yes you can count it. It's just a holiday after all. Couples go on holiday, so it should be fine if you have proof of bookings of flights/hotels together etc.

 

If you aren't sure you meet the requirements it may be time to enlist the help of an agent.

Share this post


Link to post
Share on other sites
I would say if you started living together and then went travelling together as a couple then yes you can count it. It's just a holiday after all.

 

Not true. This is dangerous misinformation.

 

I have two clients who had the same opinion as you who are now on PMVs having been rejected in the first instance after they self lodged a de facto application trying to count several months together living in a campervan travelling around Australia on an extended holiday as part of the minimum 12 months.


Les Mighalls BDS LLB(Hons) LDS FACLM, MARA Reg. No. 0639714

Migration Assistance Australia

www.migrationassistance.com.au

Share this post


Link to post
Share on other sites
Guest GeorgeD
Not true. This is dangerous misinformation.

 

I have two clients who had the same opinion as you who are now on PMVs having been rejected in the first instance after they self lodged a de facto application trying to count several months together living in a campervan travelling around Australia on an extended holiday as part of the minimum 12 months.

 

I think, like everything, it will depend on the specifics of the situation.

 

As the OP says, they spent a total of 7 weeks travelling in the previous 12 months...if this was a week here, a week there spread throughout the year or it was on a bus tour through the bush of the first seven weeks that they had met and they met on the bus then there might be a different interpretation. Interpretation is the key here, and I think we would all agree that the OP could benefit from much more detailed analysis of the situation from a RMA such as yourself. In either case, evidence of how it was booked/paid for, what you were doing (visiting each other's relatives can be interpreted differently from going to the beach, etc), would no doubt assist in advising on any interpretation.

 

Just wondering, what if people go on holiday together for 2 weeks every 6 months. Does this mean that only 11 of the last 12 months are valid as being in a de facto relationship?

Share this post


Link to post
Share on other sites

Hi, what type of visa are you going for?

 

I was recently granted a 457 for myself and defacto partner. I submitted my application in early August and when I uploaded docs to prove the realtionship I could only find things going back to last October.

 

I had planned on getting statements etc to say how long we have been together (18 months), and digging out old phone bills, but we were never asked for anymore info.

 

I had heard that 457 visa's are less strict on the 12 month requirement but it still was easier than I expected.

Share this post


Link to post
Share on other sites
Guest PixieV

Hi,

 

To clarify our situation, since being together in Oct 2009 (we were not living together in the same room until the end of dec 2009) we have spent a week in Cambodia, and during this trip we will have had a week in NY, 2 in Iceland and 2 in South Africa (with my partner then having an extra week in Sth Africa). Of the ten weeks we are away from Australia, the remainder will be spent at my parents place. All of this trip has been booked together and our bank statements/flights/accommodation bookings show this. Surely to be together as a couple in an ongoing relationship does not mean you live in a house for 12 months and go nowhere else? Also, a big part of this trip was for my partner to get to know my family and friends, as he hasn not had the time with mine that I have had with his.

Share this post


Link to post
Share on other sites
Hi,

 

I have been with my partner since Oct 2009. We met in a house share and did not share a room until after Christmas, therefore we do not deem ourselves de facto until Jan 2011. We plan to apply for de facto in Feb 2011, just to make sure we are over the 12 month period. However, during this 12 months we will have spent 10 weeks abroad (from mid Aug to end of Oct 2010). All of this time will have been spent together, bar my partner spending an extra wk in sth africa and I will stay an extra 2 wks in the UK. My only concern that although my parents will have been our 'base' during this time, we will have spent 7 weeks travelling in total.

 

Do periods of travelling together go against the 12 month period? Although post etc will still be going to our unit during this time and my partner will be paying rent, due to my WHV coming to an end and my no longer being able to work, I am not contributing to rent during this period, my employed partner is paying for both of us and I will resume payment when I return to Oz. I also wondered if this would pose a problem?

 

Thanks!

 

To qualify for a de facto spouse visa there is no legal requirement for 12 months, or any other period, of cohabitation. The relevant criterion is to have been in a genuine, exclusive, mutual, continuing spousal relationship for at least 12 months immediately before lodging a visa application.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

Share this post


Link to post
Share on other sites
Guest nicolew

we were told that if you leave together and return together and have proof of booking flights and bank statements matching up then in accounts as living together . if you were not living togther during a period of time and can state why i.e such as away for work , then that to can be taken into account and classed as living togther .

in my opinion from what we have expirenced and seen you will be fine :)

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×