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| Defacto partner visa; how did you get your 12 months? | |
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| Topic Started: Nov 24 2010, 04:58:15 PM (1,419 Views) | |
| bubbles | Nov 24 2010, 04:58:15 PM Post #1 |
True Blue Mate
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Just wondering if anyone was interested in sharing how they acheived their required 12 months of living with their partner before they applied for the defacto visa. What visa did you come here with, did you return 'home' and come back on another, was there a no further stay applied, did you apply offshore/onshore? Any help would be appreciated, im trying to figure out the best 'combo' of visas to get to the 12 months, thanks! |
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| KimInMellie | Nov 24 2010, 05:37:31 PM Post #2 |
True Blue Mate
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Hi Bubbles, I came here on a visitor ETA (12-month eligibility but with the condition that you have to stay no longer than 3 months at a time). I stayed for about 2 months, then left for two weeks back to the US & came back. On my return, I applied for a student visa and was here on that until I applied for my partner visa. (The student visa worked for me b/c I needed additional qualifications to work in my field here.) While on the student visa, there were two more trips back to the US: one with my husband for 2 weeks, and one by myself for another 2 weeks. I had no problems with my partner application, and no 'no further stay' stamps in my passport. Best of luck to you! 
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 Go that way really, really fast. If something gets in your way, turn. -- Charles De Mar | |
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| Judy | Nov 25 2010, 12:10:55 AM Post #3 |
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True Blue Mate
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Friends of mine are currently waiting for the partner visa (for the American half). She came to Australia on an ETA, after three months they travelled together to the US for two or three weeks, they returned to Australia with another ETA (or perhaps the same ETA as I'm not sure how they work), after three months they went on a cruise for a couple of weeks, they returned to Australia with another ETA, and by that time they'd been together for 12 months including the travelling so they applied for the partner visa onshore and now have a bridging visa.
Edited by Judy, Nov 25 2010, 12:11:47 AM.
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| sunshine | Nov 25 2010, 09:59:06 AM Post #4 |
True Blue Mate
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I met my partner while I was already on a working holiday visa in Australia, so that option was a no-go for me. I arrived in Australia on an ETA right after Christmas last year, stayed for three months, and then spent most of this year with my partner in New Zealand. We're going back to Australia next month for six weeks, and then going to the US at the end of January. I'll be submitting my residency application then, offshore. It's a bit confusing, but I think it will work out all right. That's not a plan I would recommend for everyone, but I was eager to do the working holiday thing again anyway
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| Steph | |
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| Chocolate | Nov 29 2010, 02:36:38 PM Post #5 |
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Piker
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I could be wrong but I think for the defacto visa, you don't have to live with your partner for the whole twelve months but you do have to have proof that you were in a solid relationship for that long. I just entered in my defacto application last week but I guess I lucked out because I landed here on a work and holiday visa (which guarantees me living w/ him for the 12 months) after me and my partner were going steady in the US, so we were into our relationship for 3 months before I finally made it to Australia. I'm currently still on my work and holiday visa, however when that visa ends, I'll will go straight onto my bridging visa which allows me to avoid having to leave the country. |
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| TerritorianTori | Nov 29 2010, 03:29:05 PM Post #6 |
It couldn't happen here
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No, unfortunately they're really strict about that cohabiting requirement on the defacto visa - simply being in a relationship doesn't cut it. You must be able to prove that you were actually living together at the same address for at least 12 months before your application, not a day less. There are some exceptions - like, unavoidable absences (where you were already living together beforehand)... or having children together. But not many. Unfortunately, I've seen a few sad stories from people who were knocked back because they only had 11 months. It can be hard. 
Edited by TerritorianTori, Nov 29 2010, 03:30:59 PM.
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 South Texas to the Northern Territory - since 2004 I'm a huge fan of... Angry Video Game Nerd | The Big Bang Theory | Doctor Who | Pet Shop Boys | Yanks Down Under ~ Americans living in Australia Avatar by Sketch Shop Boys I don't do Facebook, sorry. | |
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| CynicalCountess | Nov 29 2010, 11:46:54 PM Post #7 |
True Blue Mate
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Some states have a de facto registration that will bypass the 12 month requirement; I'm not sure if they have it in Vic. |
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| TerritorianTori | Nov 30 2010, 12:29:40 AM Post #8 |
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It couldn't happen here
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Yes, you can register your relationship in VIC (and NSW, ACT, and TAS) http://www.bdm.vic.gov.au/CA2574F700805DE7/page/Relationships?OpenDocument&1=30-Relationships~&2=~&3=~ ... so that's definitely another exception to the 12-month rule, provided you qualify and so forth (e.g. same as for a dejure marriage, you must be free-and-clear, all divorces final...)
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South Texas to the Northern Territory - since 2004 I'm a huge fan of... Angry Video Game Nerd | The Big Bang Theory | Doctor Who | Pet Shop Boys | Yanks Down Under ~ Americans living in Australia Avatar by Sketch Shop Boys I don't do Facebook, sorry. | |
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| waitingwaiting | Nov 30 2010, 05:51:17 PM Post #9 |
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True Blue Mate
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Wish they had that 'register your relationship' deal when we applied!! We spent three months in Australia, went to Fiji, came back, left again travelling for seven months and then I came back to Australia and applied. |
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| Zander | Dec 20 2010, 12:43:38 PM Post #10 |
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Anklebiter
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(First post!) I'm actually concerned about this myself. I have been in a relationship with my partner for over 2 years, and we'd been living together for over a year before we applied. However the first place we stayed together was an apartment that he was leasing and we were only there for 6 weeks before we moved into a place he'd bought. As I'm not on any lease or mortgage for that stuff, I'm worried they will say no even though I've provided plenty of evidence of us being in solid relationship for ages, not to mention our joint bank account, both of us being on utility bills, etc. It's pretty crazy to think that just a couple of weeks of not having evidence could really make the difference, I'm totally anxious but waiting for my case officer to get back to me so we can talk through it. (And yes, that thing about registering our relationship would have been awesome, but if it was available I didn't know about it.) Edited by Zander, Dec 20 2010, 12:44:43 PM.
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| shylady | Dec 20 2010, 03:12:34 PM Post #11 |
oldYank
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They consider all the evidence, and any cards or mail addressed to both of you at that address. My partner owned our home outright for years before our relationship and I've never had my name on a mortgage/lease or utility bills and there was no problem proving we're living together. Good luck, Zander, and nice to meet you!  Lisa |
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"I could’ve turned a different corner, I could’ve gone another place... " ku,'09 | |
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| Zander | Dec 21 2010, 03:29:28 PM Post #12 |
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Anklebiter
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Thanks for that, good to meet you too. As I'm the worrying/paranoid type, I'm already thinking of a backup plan just in case! Will be sure to provide an update on how it all goes. |
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| AmbroseChick | Jan 8 2011, 09:24:03 AM Post #13 |
True Blue Mate
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Does anyone have the link for registering a defacto relationship in NSW? I've looked and I can't seem to find it - I have friends who could use it! Thanks! |
| Check it out! Facebook page: Americans Living in Queensland | |
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| AmbroseChick | Jan 8 2011, 09:24:51 AM Post #14 |
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True Blue Mate
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Never mind! DUH found it... just was looking in the wrong place on the site! Here it is for future reference: http://www.bdm.nsw.gov.au/Relationships.htm |
| Check it out! Facebook page: Americans Living in Queensland | |
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| mciancia | Jan 9 2011, 01:39:05 PM Post #15 |
Yacker
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My (Australian) boyfriend and I started living together in Vancouver, BC in April 2009. {We met in Belfast in 2007} He (along with so many other Aussies) got a big fat work visa for Canada, so while he was living there I went to live with him for a 5 months, then we had 2 months apart (I had to get back to the US to make money since I couldn't work in Canada!!) before we went traveling for 2 more months. We made it to Australia in December 2009 and lived with his parents for 4 months in Tassie, did a giant Australian road trip for a month or so, then began living on the Sunshine Coast together in May 2010. I came back to NJ in November 2010, now we are apart at the moment (temporarily). Planning on seeing each other again in March 2011 (through hell or high water!). Thats at least 12 months, right? Edited by mciancia, Jan 9 2011, 01:45:06 PM.
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| shylady | Jan 9 2011, 02:55:16 PM Post #16 |
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oldYank
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Sure is! You just need to document it. And the fact that you ARE still in a relationship while living apart. 
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"I could’ve turned a different corner, I could’ve gone another place... " ku,'09 | |
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| mciancia | Jan 10 2011, 03:51:27 PM Post #17 |
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Yacker
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I think we can prove it OK, but filling out Form 47SP is proving tricky. How do I answer the "Current Country of Residence"? Technically I am here in America, but my name is on our lease at the apartment in Australia, but the visa I was living in Australia with has expired, so I can't technically be living in Australia. I'm trying to tell them that our seperation is only temporary - but my address has to be different than my boyfriends'?? Is this normal for Offshore partner visas? |
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| shylady | Jan 10 2011, 05:12:12 PM Post #18 |
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oldYank
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Yes, you're offshore and applying @ Wash DC so you use your US address. In your statement about your relationship you do the explaining about being temporarily apart. |
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"I could’ve turned a different corner, I could’ve gone another place... " ku,'09 | |
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| mciancia | Jan 11 2011, 05:49:47 AM Post #19 |
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Yacker
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Got it, thanks. Its nice to hear that I'm not crazy. I'm so worried I'm going to get something wrong. Thanks again! |
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| Zander | Feb 11 2011, 10:54:20 AM Post #20 |
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Anklebiter
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Argh, update on my de facto application. They asked me for a few additional things a couple of months ago, and I sent them in. Just got a letter yesterday saying that they still aren't sure we meet the 1 year requirement (we don't have solid documentation for maybe the first month we were living together), and when I called my case officer she said that some of the information wasn't consistent. So now we have an appointment to go talk to her in person next week, she said maybe we can explain the inconsistency. That makes me feel a bit better, as all the mail correspondence is stressful when all they can send you is form letters and the like, but I'm still nervous that some address or something doesn't match up and our explanation won't be sufficient. Has anyone else had to go through this? If they decide that it's not good enough, can I withdraw that application and re-apply without leaving the country? (Obviously I will ask my case officer all of this as she seems helpful and understanding, but any other input is appreciated!) |
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