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| Same-sex (and other de facto) couples | |
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| Topic Started: Mar 4 2011, 03:41:27 PM (1,235 Views) | |
| sguimera | Mar 4 2011, 03:41:27 PM Post #1 |
Chinwagger
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I'd love to hear about your experiences navigating the de facto visa process. My fiancee and I have been together for almost a year (waiting until later this year to apply), but we've been living apart for most of the time due to our jobs. Has anyone had success proving 12+ months together without having lived together for the full time? If so, how did you do it and what kinds of things (documents, pictures, etc) are they looking for? Thanks! Stephanie |
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Stephanie www.facebook.com/sguimera www.twitter.com/sguimera | |
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| sunshine | Mar 4 2011, 10:25:56 PM Post #2 |
True Blue Mate
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Welcome, and good luck with everything! I'm waiting on a de facto visa application myself, after spending most of this year on a working holiday in New Zealand. We were fortunate enough to swing the 12-month cohabitation requirement, though it did involve bouncing between NZ and Australia. Among other things, they want to see commitment on a financial/legal level, as well as ties to the same residence. ("Not living separately and apart on a permanent basis.") Do you have any joint finances? Have you ever sent money back and forth? If your partner is renting, can you be put on her lease? In the immigration application, you'll have to put down the date that you "officially" commenced a de facto relationship, which can be tricky to determine if you're not on a state registry. I went with the day I moved to Australia, since we got a joint bank account that week. Solid proof of you both staying with one another in the past could help. Bank statements showing you or your partner was around and helping with groceries, joint invites or tickets to events, mail addressed to either of you overseas, that sort of thing. This organization may be of interest: http://www.glitf.org.au There is a Victoria branch, check under their links. One of the members on this board spoke highly of registering with them. Edited by sunshine, Mar 23 2011, 08:13:21 PM.
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| Judy | Mar 5 2011, 02:13:30 AM Post #3 |
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True Blue Mate
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Hi, my partner and I were successful in getting her an interdependency visa at the beginning of 2009 (just before interdependency visas were phased out in favour of de facto visas for all unmarried couples regardless of gender), even though we had not lived together for a consecutive period of 12 months. We had been in a relationship for almost six years at the time we applied for the visa, and had spent up to four months together each calendar year during that time. We had extensive evidence of our relationship, including joint bank accounts, photos of us together in various locations at various times of the year, lots of emails, cards, and phone call records, and flight itineraries showing our trips to and from Australia and the US plus itineraries and other evidence of trips we had made together in both countries. We were able to show that although we were not living together permanently, we were prevented from doing so by visa requirements. I saw in your other thread that you will be looking into getting your Australian partner a visa for the US. The only way to do this as a same sex couple will be if she qualifies for a work visa or a student visa. There is no way to bring her in to the US as your partner, and you need to be very careful about revealing your relationship to anybody in immigration at the border. |
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| TerritorianTori | Mar 5 2011, 12:54:48 PM Post #4 |
It couldn't happen here
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This thread really belongs in the Immigration & Visas section, so I'm going to move it there...   with everything everyone else has said, and especially Judy's last paragraph - you need to be super-extra-careful on that front. Another org you may be interested in: http://www.out4immigration.org/immigration/homepage.html |
 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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| sguimera | Mar 5 2011, 03:22:35 PM Post #5 |
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Chinwagger
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Big thanks to everyone for their input! I also found this website, in case anyone is in a similar boat: http://www.glitf.org.au Tori, sorry for posting it in the wrong place. |
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Stephanie www.facebook.com/sguimera www.twitter.com/sguimera | |
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| TerritorianTori | Mar 5 2011, 03:36:00 PM Post #6 |
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It couldn't happen here
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Oh, no worries! I was just letting you know so you wouldn't wonder why it was moved.
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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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| blarg | Mar 6 2011, 06:25:05 PM Post #7 |
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True Blue Mate
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Hi Stephanie, I'm currently living in Australia on a same sex partner visa. I'd definitely get in touch with GLITF. They're fantastic. They were talking about a case they had helped with where the Australian partner was an international flight attendant for Qantas, so he was only home a few days a month. He still had all of his mail going there and friends and family knew that he was living there, and their visa was granted because were it not for his job, he'd be living there 100% of the time. They'll be able to talk with you about your specific circumstances and what would be best for you guys. |
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| TerritorianTori | Mar 6 2011, 08:11:44 PM Post #8 |
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It couldn't happen here
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Welcome back, blarg. 
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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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| sguimera | Mar 6 2011, 10:00:51 PM Post #9 |
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Chinwagger
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Hi blarg, thanks for the info. I think we're going to try to get to one of their general meetings and see what the story is. I'm still looking into filing a Registered Domestic Partnership as well; the form seems to imply that both people need to be permanent residents, but apparently someone else here was going to apply for one without being a permanent resident. Tori, do you happen to know offhand if that application was successful? I might just walk into the BDM office and see if I can talk to someone about it. Or maybe the GLITF people will know. |
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Stephanie www.facebook.com/sguimera www.twitter.com/sguimera | |
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| TerritorianTori | Mar 7 2011, 09:16:09 AM Post #10 |
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It couldn't happen here
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I'm pretty sure it was. edit... Relationship approved for State of VIC Either way, the GLITF folks will be able to tell you for sure. 
Edited by TerritorianTori, Mar 7 2011, 09:20:24 AM.
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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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| sguimera | Mar 7 2011, 09:42:30 AM Post #11 |
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Chinwagger
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Tori, I said it before and I'll say it again, you're a lifesaver! Thank you! |
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Stephanie www.facebook.com/sguimera www.twitter.com/sguimera | |
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| shylady | Mar 9 2011, 02:13:05 PM Post #12 |
oldYank
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I agree, howdy big fella! 
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"I could’ve turned a different corner, I could’ve gone another place... " ku,'09 | |
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| blarg | Mar 9 2011, 11:20:33 PM Post #13 |
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True Blue Mate
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Hehe, didn't mean to hijack the thread. Thanks guys. You definitely don't need to both be permanent residents. Immigration specifically waves the 1 year requirement for people who are registered, but you do still need to have some other evidence such as Form 888s from friends/family etc. GLITF will really clarify the process for you, and if you want to know what I did on my application (2 years ago) I'd be happy to help. |
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| sguimera | Mar 10 2011, 05:17:43 AM Post #14 |
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Chinwagger
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I really appreciate it, blarg. I just might come running back once we figure out exactly what the game plan is. :D And I'll join the bandwagon too: welcome back! lol |
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Stephanie www.facebook.com/sguimera www.twitter.com/sguimera | |
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| Zander | Mar 23 2011, 10:05:38 AM Post #15 |
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Anklebiter
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My case officer was concerned that my partner and I didn't have enough information to prove that we'd been living together for a year (despite the fact that we had been, plus had been in a relationship for almost a year before that), and ended up just wanting stuff that proved we were in a committed relationship. Things that she really appreciated included joint invites to weddings and christenings, and proof of us booking flights together when traveling to various places. She said that could be considered as us already being in a relationship. Wasn't as good as having our names on a joint lease for a year of course, but put it all together and it was good enough. As for the Relationship Register, it was implemented after we had applied, however the one in NSW says that only one person needs to be a resident of the state, and that you don't even need to be living together! |
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| sguimera | Mar 23 2011, 11:07:50 AM Post #16 |
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Chinwagger
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Hmm, all good to know. We've definitely got the pictures, IM history, travel documentation, holiday cards, mail at each other's addresses, all of that... and I'm still thinking we might give the register a shot in VIC. I've heard people say they don't actually need parties to be permanent residents, so maybe we'll see if we can jump in on that. Aaah, so much paperwork! Thanks Zander.
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Stephanie www.facebook.com/sguimera www.twitter.com/sguimera | |
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| sunshine | Mar 23 2011, 04:49:11 PM Post #17 |
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True Blue Mate
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On the invites: my boyfriend and I didn't get any paper invites to major events like weddings, but I did print out screenshots of Facebook events where we're both listed as attending. Stuff like birthday parties and Australia Day barbecues, where the shared social circle is obvious. Hopefully those will suffice. Zander - congrats on your visa grant! |
| Steph | |
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| melharris24 | Mar 30 2011, 08:57:00 PM Post #18 |
Chinwagger
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hey hey that was me Yes it was approved! I did get an extra call from someone in the department before they granted it and they asked me to write a statement about our relationship and what our plans were for the future, (such as we planned to get married but not for a while) they also asked me outright if I only wanted to register the relationship to stay in the country. Which of course I didn't, if I did I would have filed for a partner visa right away. I am actually applying next week! I was waiting on some family and friends to get me my stat decs but I have them now! If you have any questions about the registration feel free to ask. I will try and check the site daily.
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| sguimera | Mar 30 2011, 09:26:50 PM Post #19 |
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Chinwagger
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Thanks mel! (And congrats!) Since you offered so kindly, how did you file your application for registration? Online, or mailed, or in person? I was thinking it might be "easier" doing it in person, but who knows when it comes to all the paperwork. Best of luck with the partner visa! Keep us posted on how it goes! |
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Stephanie www.facebook.com/sguimera www.twitter.com/sguimera | |
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| melharris24 | Mar 31 2011, 08:44:18 AM Post #20 |
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Chinwagger
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We have a branch here in my little town so we lodged and paid in person but all they did was mail it to Melbourne for us lol It was fairly easy really. I will have to look at the form but if you read through it ALL there is something that says what you will need if one partner isn't an aussie citizen. I think what I provided was my US passport, my VIC drivers licence, and my birth certificate from the US. Then we needed some utility bills that were in my name to show that I was at that address ect. I also had our joint bank account statement printed out and ceritfied to be sent. (everything has to be a certified copy) when I get home this evening I will look through the paperwork and see if I can find the specifics for you. Good luck to you as well!! |
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5:54 PM May 22