Jump to content
Guest misslou

De facto visa query

Recommended Posts

Guest misslou

Hey everyone, just a quick question-I have done various searches on this and I still cant get an answer so if any one can shed some light on this i'd be very grateful!!! :)

 

Me and my aussie bf are wanting to apply for a defacto visa, we were going to live here in the UK for 6 months before going back to Oz for good. But as you all know the job market here is awful and after a few months of searching he cant find a job and he has run out f money. So he has to head home. He's thinking for 6 months, save some money so we can afford to apply for the visa. But im concerned this 6 month apart will not look good to immigration and it'll cost us another 6 months on top.

 

Were thinking of keeping al emails, texts etc as proof but also a joint bank account to show we are committed but realistically is it going to be any good?

Any additional advice welcome.

 

Thanks in advance

Share this post


Link to post
Share on other sites
Guest littlesarah

How long have you been together up to this point? Do you currently live together, and if so do you have evidence of that?

 

I don't know too much about this type of visa (having not migrated on a spouse visa), but I'm sure others who do will be along to help.

 

Good luck.

 

Sarah

Share this post


Link to post
Share on other sites
Guest Guest31881

You have to have been in a loving and real relationship (to the exclusion of all others ) for 12 months before you can apply, Normally this would entail living together and sharing costs. If this is going to be interrupted by a visit to Australia to earn money, Then I would suggest you run it past good migration agent to see what your options are. i do not think it kills the visa stone dead, but you may need a professional to know the full ins and outs of this type of application, and how to word your application.

Share this post


Link to post
Share on other sites

Doesn't sound like it will be a problem, but would definitely recommend talking to a registered migration agent to figure out how to present your case.

Share this post


Link to post
Share on other sites

As long as you can prove that you are still in a genuine relationship with your partner you will have no probs. Keep copies of all emails, skype calls, mobile phone bills to show that you remained in contact.

 

Emma


Lang may yer lum reek!

Share this post


Link to post
Share on other sites
Guest misslou

Sorry for the delay everyone in my reply!!! Stupid week lol

 

Ok great thank you all for your advice. Yes I agree we need to speak to a professional about this to get the proper facts.

 

Well we met last year in Brisbane in April so it's been about 1 year 7 months but we haven't been together the whole time, he's been off most this year travelling. We've been in touch the whole time but not together in the same country....so not being negative but realistically it doesn't seem to me that it will stand too strong to migration....?

 

Maybe we need to think of another route?

 

Again any advice/opinions welcome. I promise to et back quicker this time! :)

Share this post


Link to post
Share on other sites
Hey everyone, just a quick question-I have done various searches on this and I still cant get an answer so if any one can shed some light on this i'd be very grateful!!! :)

 

Me and my aussie bf are wanting to apply for a defacto visa, we were going to live here in the UK for 6 months before going back to Oz for good. But as you all know the job market here is awful and after a few months of searching he cant find a job and he has run out f money. So he has to head home. He's thinking for 6 months, save some money so we can afford to apply for the visa. But im concerned this 6 month apart will not look good to immigration and it'll cost us another 6 months on top.

 

Were thinking of keeping al emails, texts etc as proof but also a joint bank account to show we are committed but realistically is it going to be any good?

Any additional advice welcome.

 

Thanks in advance

 

Hi Misslou,

 

the thing is it's not just proving to the immigration authorities you're in genuine and long-term relationship, you actually have to have evidence in all 4 categories; I suggest you check out Partner migration booklet, here's the link: http://www.immi.gov.au/allforms/booklets/1127.pdf

 

Unfortunately, there haven't been many posts on this forum from people who got their partner application denied. On the other forums I've read the posts from people, who were de-facto and thought they gave all the evidence needed and were still denied.

 

I suggest you check all possible threads on this topic, perhaps talk to a migration agent and then decide.

 

Perhaps better options would be:

WHV and later 820,

PMV.

 

Kind greetings,

bma

Share this post


Link to post
Share on other sites
Guest misslou

Thats great thank you for your advice.

I will check out that link and some other posts. There really doesn't seem to be many posts around on the de facto visas.

 

Unfortunatly I was over in oz last year on a WHV so I'm not entitled to another so I'm not really sure where we go from here.

 

I personally thought the best idea would have been to have stayed here for a few more months or even in another country and then we could have got on with gaining lots of evidence but due to many factors is not possible at this stage.

 

Again I need to try and find someone to speak to but looking at the options we may have to wait for him to finish up in oz and start again somewhere else and try gain evidence.

I just hope the rules don't change too much during this time as I know they can move the goal posts, so fingers crossed. :unsure:

Share this post


Link to post
Share on other sites
Thats great thank you for your advice.

I will check out that link and some other posts. There really doesn't seem to be many posts around on the de facto visas.

 

Unfortunatly I was over in oz last year on a WHV so I'm not entitled to another so I'm not really sure where we go from here.

 

I personally thought the best idea would have been to have stayed here for a few more months or even in another country and then we could have got on with gaining lots of evidence but due to many factors is not possible at this stage.

 

Again I need to try and find someone to speak to but looking at the options we may have to wait for him to finish up in oz and start again somewhere else and try gain evidence.

I just hope the rules don't change too much during this time as I know they can move the goal posts, so fingers crossed. :unsure:

 

:)

 

Although there are migration agents on this forum who claim you don't have to necessary live together for a de-facto partner application, it seems like the immigration authorities are following that rule (12 months of living together). Seems only short-time separations are "allowed", with a good reason.

 

You say: "we may have to wait for him to finish up in oz and start again somewhere"

Did you two decide where do you want to live? My impression was you wanted to settle in Australia, but if that's not the case, perhaps it's better to postpone applying for the visa?

 

I know marriage sounds like a big step, but have you thought about it?

 

I'm afraid your months of separation wouldn't count towards your relationship and after six months you would have to start from scratch; that means you'd accumulate 12 months of the relationship in the middle of 2013.

 

My opinion is based on my research and on posts on a couple of forums, I am no migration agent or an expert...

 

Good luck with the research and everything! :)

Share this post


Link to post
Share on other sites
Guest littlesarah

As I understand it the phrase 'de facto spouse' refers to a relationship that is, for all intents and purposes, the same as one that has been legally formalised by marriage. So whatever tests DIAC apply, they would be to assess the intention of both parties and the likelihood of the relationship continuing.

 

One of my friends, who met the man she now has 2 kids with whilst here on a WHV, obtained a de facto spouse visa, and I seem to recall that they had to provide stat decs from family and friends about how they met, and that they were in a genuine relationship, etc, etc. I have to admit that the process seemed to me much more difficult than applying for a skills assessment, etc, and is one of the reasons why I decided against a spouse visa.

 

However, only you know your circumstances, and I really hope you are able to sort things out.

 

Good luck.

Share this post


Link to post
Share on other sites
Guest Tralaah

Hi

 

I have just applied for a defacto visa, I used a great agent who was able to sort out all my queries, my partner and I had not been able to live together due to visa restrictions, so since August 2010 (when I arrived in Australia) to October 2011 when we applied for the de facto visa, my partner and I have spent 9 months apart, living in different countries. Our Lawyer went through the paperwork with us and as long as we could prove that we were in an exclusive relationship for 12 months prior to putting in the application, then we had a valid claim. He sent off our paperwork and two weeks later we had a letter stating that we had a valid claim and my partner was put on to a bridging visa and therefore did not have to go back to the UK. A couple of weeks later my Lawyer applied for working rights for my partner and this has subsequently been granted. We showed mobile phone records, landline phone records, emails, postcards, everything we could think of to show that although we were apart, we were still together if you see what I mean? I hope this helps? If you would like details of the person I used, just let me know, I am really pleased with the help our Lawyer has given us, it has meant that my partner is still with me without having to leave the country and come backwards and forwards on a holiday visa

!

Thats great thank you for your advice.

I will check out that link and some other posts. There really doesn't seem to be many posts around on the de facto visas.

 

Unfortunatly I was over in oz last year on a WHV so I'm not entitled to another so I'm not really sure where we go from here.

 

I personally thought the best idea would have been to have stayed here for a few more months or even in another country and then we could have got on with gaining lots of evidence but due to many factors is not possible at this stage.

 

Again I need to try and find someone to speak to but looking at the options we may have to wait for him to finish up in oz and start again somewhere else and try gain evidence.

I just hope the rules don't change too much during this time as I know they can move the goal posts, so fingers crossed. :unsure:

Share this post


Link to post
Share on other sites
Hi

 

I have just applied for a defacto visa, I used a great agent who was able to sort out all my queries, my partner and I had not been able to live together due to visa restrictions, so since August 2010 (when I arrived in Australia) to October 2011 when we applied for the de facto visa, my partner and I have spent 9 months apart, living in different countries. Our Lawyer went through the paperwork with us and as long as we could prove that we were in an exclusive relationship for 12 months prior to putting in the application, then we had a valid claim. He sent off our paperwork and two weeks later we had a letter stating that we had a valid claim and my partner was put on to a bridging visa and therefore did not have to go back to the UK. A couple of weeks later my Lawyer applied for working rights for my partner and this has subsequently been granted. We showed mobile phone records, landline phone records, emails, postcards, everything we could think of to show that although we were apart, we were still together if you see what I mean? I hope this helps? If you would like details of the person I used, just let me know, I am really pleased with the help our Lawyer has given us, it has meant that my partner is still with me without having to leave the country and come backwards and forwards on a holiday visa

!

 

Hi Tralaah,

thank you very much for your post, finally a post that explains this matter in detail.

May I ask who is your agent? He seems to know what he's doing, I'm thinking of contacting him as well, at least to double check the situation and the plan. May I ask how much do you pay for his service? In a long term, you probably even saved some money because your partner doesn't have to exit and re-enter Australia on a holiday visa...

Good luck with your visa application and thanks for sharing the info.

Share this post


Link to post
Share on other sites
Guest Tralaah

Hi, I've sent you a PM with all the details.

 

 

Hi Tralaah,

thank you very much for your post, finally a post that explains this matter in detail.

May I ask who is your agent? He seems to know what he's doing, I'm thinking of contacting him as well, at least to double check the situation and the plan. May I ask how much do you pay for his service? In a long term, you probably even saved some money because your partner doesn't have to exit and re-enter Australia on a holiday visa...

Good luck with your visa application and thanks for sharing the info.

Share this post


Link to post
Share on other sites
Guest JonnyNI

Hi Everyone,

 

I have read through quite a few threads relating to de facto evidence and I haven't seen any reference to form 888. It is mentioned in the list of acceptable evidence that I was given after submitting my online 1276 but after reading through it it seems to be more suited to the type of visa that may be granted to a partner if their significant other were an Australian Citizen (we are both British).

 

Can someone who had provided Stat decs from friends/family based in the UK let me know if you did so on form 888 and if not how did you present it.

 

Thanks, Jonny

Share this post


Link to post
Share on other sites

Form 888 only needs to be used for Stat Decs made in Australia - as it is not a legally binding document offshore.

 

For my stat decs we just submitted typed letters addressed to whom it may concern...

Share this post


Link to post
Share on other sites
Guest JonnyNI
Form 888 only needs to be used for Stat Decs made in Australia - as it is not a legally binding document offshore.

 

For my stat decs we just submitted typed letters addressed to whom it may concern...

 

Thanks Peach,

 

Can you let me know how recently this was, if they were for evidence of a defacto relationship and if they were sworn in front of anyone or countersigned by solicitor etc.

 

Sorry for all the questions - just want to make sure I get it right first time!!

 

Jonny

Share this post


Link to post
Share on other sites

Don't forget that this thread is primarily about spouse visas (where one of the partners in the relationship is an Ausse or PR and is sponsoring the other for a visa), so the requirements may different. I have been with my partner over a decade, have kids and a joint mortgage - so whether or not my friends were aware of our relationship mean't little to our evidence. As a result I didn't bother getting them witnessed or sworn - it was never questioned.

 

My advice to you, would be to look at the overall weight of the other evidence you are submitting? Is it hard - lots of financial ties, joint rental agreement, council tax, bills, accounts, insurance etc or are you relying of soft evidence - stat decs, photos, skype logs. If it is the latter I would do everything to present that evidence as strongly as possible. Meaning I would get it witnessed.

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

×