ppomsinoz Posted March 21, 2012 Share Posted March 21, 2012 Who is a defacto in the view of immigration and what documents will immigration ask to prove defacto relationship? is it hard to prove defacto relationship if we are living in different countries. Link to comment Share on other sites More sharing options...
Petals Posted March 21, 2012 Share Posted March 21, 2012 http://www.immi.gov.au/media/fact-sheets/35relationship.htm Its not a walk in the park for a lot of people, easier if been together living under same roof for a considerable time. Link to comment Share on other sites More sharing options...
RockDr Posted March 21, 2012 Share Posted March 21, 2012 From the DIAC booklet 1: For the purposes of a Partner visa application, a person is in ade facto relationship with another person if:• they are not married • they are not related by family; • they both must be aged at least 18 years at the time the application is made; • they have a mutual commitment to a shared life to the exclusion of all others; • the relationship between them is genuine and continuing; • they live together or do not live separately and apart on a permanent basis; and • the relationship has continued for the period of 12 months immediately preceding the date of application. Living in different countries is generally ok provided you've actually lived in the same country at some point in the past, otherwise it becomes quite hard (though not necessarily impossible) to prove that you're DeFacto rather than just "Dating". Which visa are you thinking of applying for? Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted March 21, 2012 Share Posted March 21, 2012 is it hard to prove defacto relationship if we are living in different countries. The answer is yes, it is hard...but not impossible. You will need to prove you are essentially the same as a married couple who have not got married. You will need to show joint commitments, for example a joint mortgage, joint lease, joint loans, financial transactions between each other, etc. It's not going to be easy. My wife and I lived in opposite countries both before and after we got married, so we had the same issue. The only difference between a defacto married application is that married couples don't need to prove they have been in a relationship for 12 months prior...they still need to prove it is genuine and ongoing and they are only apart on a temporary basis. Ultimately I went to Oz on a tourist visa after I applied for my 309 visa. While there myw ife moved house and the letting agent allowed me to sign the lease as a joint tenannt. This showed a joint financial commitment in the future. This was probably our most important piece of evidence. If you live in different countries and and have never lived together then documentary evidence can be difficult to find. It's not necessarily the fact you live apart which is the issue, just the lack of evidence of your relationship that this may entail. Link to comment Share on other sites More sharing options...
ppomsinoz Posted March 21, 2012 Author Share Posted March 21, 2012 I am going to apply for a spouse visa after we get married in May this year but i want to prove that we have been in a defacto relationship for more than 2 yrs, basically i want her to get the permanent visa and not the temporary, wait 2yrs and get permanent. we both have lived in the same country, we both studied at the same uni but we have never lived under the same roof. Link to comment Share on other sites More sharing options...
RockDr Posted March 21, 2012 Share Posted March 21, 2012 If you weren't living together when you were in the same city, pretty sure DIAC would generally regard that as "dating". Regardless, you have to have been in a relationship for three years before they'll give you the PR visa straight away. 2yrs only applies if there are children of the relationship. Link to comment Share on other sites More sharing options...
ppomsinoz Posted March 21, 2012 Author Share Posted March 21, 2012 its like we have been apart for 6yrs but since 2007 I have traveled and visited her, the culture in the country she lives does not allow unmarried couples to live together, so even though I have traveled to visit her and our relationship is genuine and we have never lived at same address or had a joint account. so I am worried how I am gonna show that we had joined financial commitment and show our relationship is genuine and continuing Link to comment Share on other sites More sharing options...
ppomsinoz Posted March 21, 2012 Author Share Posted March 21, 2012 Hi Rock Dr is not like she will be granted subclass 309 first which is temporary and then subclass 100 which is permanent. Link to comment Share on other sites More sharing options...
RockDr Posted March 21, 2012 Share Posted March 21, 2012 easy things for you to get while she's still abroad are: - add her name to your car insurance (doesn't have to be as a named driver) - get wills made up naming each other as beneficiaries - If you have super with a death benefit component, get her listed as the recipient of that. - get her to sign up to frequent flyer clubs, with your address - transfer money between your accounts to pay for something, e.g. get her to pay for your flight. It sounds like you won't have a problem getting a visa, but honestly, you're going to struggle to get her PR straight away. Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted March 21, 2012 Share Posted March 21, 2012 easy things for you to get while she's still abroad are:- add her name to your car insurance (doesn't have to be as a named driver) - get wills made up naming each other as beneficiaries - If you have super with a death benefit component, get her listed as the recipient of that. - get her to sign up to frequent flyer clubs, with your address - transfer money between your accounts to pay for something, e.g. get her to pay for your flight. It sounds like you won't have a problem getting a visa, but honestly, you're going to struggle to get her PR straight away. We did the first two after we got married (and still lived in different countries) We had a couple of money transfers, but not much,. You can definitely get the 309 visa if you dig for more evidence once you are married. Start creating it now, get the wills done if you don't have them already, same with car insurance even if you are never going to be in each other's country to even drive, doesn't matter! The cultural aspect is an interesting one and is maybe significant enough to justify the situation. You may be best to speak to an agent about the best way to present your situation. Having said all of this, the temporary spouse visa isn't the end of the world! Link to comment Share on other sites More sharing options...
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