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Guest LycheeMartini

De Facto Partner Visa 100/309 (without joint financial commitments)

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Guest LycheeMartini

Hi all, my partner is an Australian citizen and I am preparing the documents needed for my De Facto Partner visa application. However, we do not have any evidence of joint bank account, tenancy agreements or any other joint financial commitments, as we have been quite financially independent during the course of living together. We lived together for a bit over 12 months and during this time, we had all our bills sent to the same address. The apartment that we rented was under his name as he first rented it before we even met, and I moved in after we started dating.

 

My partner had to move back to OZ in Aug last year as his mom was diagnosed with terminal cancer. I am still in my home country. As such, we have been maintaining our relationship long distance via daily phone calls (Skype, Whatsapp) and monthly visits. I even stayed in OZ for a month last December to be with him. Evidence-wise, we have 4 statutory witnesses - his mom, cousin & mates, photographs, correspondences sent to one address, wedding invitation cards addressed to both of us, air tickets and our own statement of history and future plans.

 

Did anyone here have the same experience, and if so what are my chances if I am not able to show financial commitments with my partner? Will the stated documents be sufficient?

 

Thank you in advance for your advices, we really appreciate it.

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You don't have to have joint bank accounts, the key is in proving that you have lived together for 12 months. Official communications at the same address, even if separate, will help with that.

 

You do need to consider how to present the separation since August. Clearly you can prove the relationship was ongoing but I would also be thinking of how to explain this separation and perhaps why you have not applied sooner. Married couples do not generally live apart for seven months without a plan and you need to show that you are married all but got the ceremony.

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Guest LycheeMartini

Hi Pumpkin, thanks for your advice! Yup, that's my main concern - if " Official communications at the same address, even if separate" will be sufficient to prove that we did live together for 12 months prior to our current situation. Other than this, we also have photographs to prove that we are in a genuine long-term relationship. I hope that the embassy will recognise this.

 

We took our time to apply for the visa as I am still in the midst of finishing my graduate studies and couldn't move to OZ to be with my partner sooner. We looked at the cost of finishing my studies there but it is way above our budget so we had to make do with doing long distance for the time being till I finish my studies here in my home country.

 

May I also know what do you mean by "you need to show that you are married all but got the ceremony"? We are currently not married nor engaged, that's why I am applying for de-facto visa instead.

 

Thanks heaps!

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Photocopy all of your bills, phone, TV licence, Sky, gas, electric, water, house or car insurance etc to prove you both lived at the same address. if you have bills in either or both of your names it should be OK. we had some bills in my name, some in OH and some joint.

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Guest LycheeMartini

Hi Boganbear, thanks for your advice. We do have bills sent to the same address with separate names. Hopefully the "financial evidence" of the approval process will not be our stumbling block.

 

Cheers!

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Guest LycheeMartini

Also, does anyone know if the 12-month requirement does take into account the period of separation (ie. 7 months from Aug'10 to Feb'11)? This is because I might not have enough evidence for the first few months of us living together as I was still in contract with my own landlord and could only officially move in to my partner's apartment in the beginning of last year, even though I was staying with him everyday since Oct'09 and only went back to my apartment once a fortnight to collect my mails. If 8 months of separation is included in the 12-month requirement, then I would have more than exceeded 12 months.

 

I'm so confused and couldnt find the answer to this question in the booklet. Please advise? Thanks so much :wubclub:

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Hi Pumpkin, thanks for your advice! Yup, that's my main concern - if " Official communications at the same address, even if separate" will be sufficient to prove that we did live together for 12 months prior to our current situation. Other than this, we also have photographs to prove that we are in a genuine long-term relationship. I hope that the embassy will recognise this.

 

We took our time to apply for the visa as I am still in the midst if finishing my graduate studies and couldn't move to OZ to be with my partner sooner. We looked at the cost of finishing my studies there but it is way above our budget so we had to make do with doing long distance for the time being till I finish my studies here in my home country.

 

May I also know what do you mean by "you need to show that you are married all but got the ceremony"? We are currently not married nor engaged, that's why I am applying for de-facto visa instead.

 

Thanks heaps!

 

Wel there is no such thing as a defacto visa, there is a partner visa and it is the same one for married and unmarried couples.

By married al but for a piece of paper, well I mean just that really that you are more than girlfriend and boyfriend, that you intend to spend your lives together to exclusion of all others etc. That is why you would needto take care how you present this gap, as it is not something matured couples commonly do.

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Guest LycheeMartini

Hi Pumpkin, thanks for your clarification. Yup, we are talking about the same Partner Visa here. I'm applying based on de facto partner basis so I called it de facto visa (was typing in a rush) :) Sorry for the confusion.

 

Anyway, I am now pondering about the timeline, ie. if I am able to include the temporary period of separation (since Aug'10 till now) into the 12-month requirement as we were constantly in touch and we meet every month, even though it's for a short visit (my longest visit being one month in Dec last year).

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"Anyway, I am now pondering about the timeline, ie. if I am able to include the temporary period of separation (since Aug'10 till now) into the 12-month requirement as we were constantly in touch and we meet every month, even though it's for a short visit (my longest visit being one month in Dec last year)."

 

After reading that I'd say it may be safest to wait until you have the 12 months as the 12 month requirement is more about living together as partners. Certianly add all of this to your statement to show how your relationship started, overcome a problem in your relationship (ie not being able to live together) to show how you were committed to each other.

 

Remember, they are not trying to catch you out but just want proof you are in a relationship. They know things like this happen and your honesty in mentioning it I think will help anyway. If you have things like photos of this time when you saw each other will help too. Even send credit card/bank statements, highlight specific items and write what it was for - eg, train ticket fares, petrol, cash from the ATM.

 

Another peice of evidece - do you have a form at work naming your partner as an emergency contact or beneficiary for death in service benefit. I got my HR dept to send and a photocopy as another thing to add Every little helps! If you send your application early it might be rejected but you only have to wait 6 months to be certain and hopefully you can save more money too.

 

You are lucky with a partner visa compared to other visa types that you wont have to go through the hassle of occupation assessments etc and you just have to show you are in a relationship. I'm glad I didnt have to go through all of that and the process was pretty easy. although you do wonder if you have not sent enough evidence. I suppose it is very strange having to justify and prove your life to a faceless bureaucrat!

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