# De Facto Relationship Evidence



## redzlord (Sep 30, 2009)

Good day Expat! I need your advise. I have processed/lodged the visa of my de facto partner and 2 kids as secondary applicant to my 457 visa last month and it is now in process. Medical has been finalised too.

I received a mail from case officer that they still need additional documents - this is evidence of de facto relationship. I have provided the following docs that our names are both in the document: 

1. house and car purchased
2. birth certificate of our kids
3. family picture
4. invitation's card to our son's birthday.

I have follow up and the case officer advice that they still need an evidence that we've been for at least 6 months. Are the four documents above not enough?


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## _Sarah_ (Jun 27, 2011)

Hi,

I have attached a list of evidence that is usually for a partner visa, however it might give you some ideas of what you could give.

_
*Financial aspects
*Evidence will be required that you and your partner share financial commitments and responsibilities, including:
• evidence of any joint ownership of real estate or other major assets (for example, cars,
appliances) and any joint liabilities (for example, loans, insurance);
• sharing of finances;
• legal commitments that you and your partner have undertaken as a couple;
• evidence that you and your partner have operated joint bank accounts for a
reasonable period of time; or
• sharing of household bills and expenses.

*The nature of the household*
You will be asked to provide evidence that you and your partner share responsibilities
within your household, including:
• your living arrangements;
• a statement outlining the basis on which responsibility for housework is distributed;
• joint ownership or joint rental of the residence in which you live;
• joint utilities accounts (electricity, gas, telephone);
• joint responsibility for bills for day-to-day living expenses;
• joint responsibility for children; or
• correspondence addressed to both you and your partner at the same address.

*Social context of the relationship*
How your relationship with your partner is seen by your friends and family will be
considered including:
• evidence that you and your partner are generally accepted as a couple socially (for
example, joint invitations, going out together, friends and acquaintances in common);
• the assessment of your friends and acquaintances about the nature of your
relationship (see ‘Statutory declarations’ on page 27);
• evidence that you and your partner have declared your relationship to government
bodies, commercial/public institutions or authorities;
• statutory declarations made by your or your partner’s parents, family members,
relatives and other friends;
• joint membership of organisations or groups;
• evidence of joint participation in sporting, cultural or social activities; or
• joint travel.
Note: Providing only statutory declarations from your and your partner’s parents, family
members, relatives and other friends is not normally sufficient to evidence your
relationship.

*The nature of your commitment to each other*
Factors that could assist in evidencing mutual commitment between you and your
partner include:
• knowledge of each other’s personal circumstances (for example, background and
family situation, which could be established at interview);
• intention that your relationship will be long-term (for example, the extent to which
you have combined your affairs);
• the terms of your wills; or
• correspondence and itemised phone accounts to show that contact was maintained
during any period of separation._


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## redzlord (Sep 30, 2009)

Thanks for your reply Sarah.

From the documents I have provided I think those are enough. We bought house and lot under our name, we bought a car and it's also under our name, I'm sending monthly remittances and of course the birth certificate of our kids stating us as father and mother. I just can't believe why they still need more documents.


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## _Sarah_ (Jun 27, 2011)

redzlord said:


> Thanks for your reply Sarah.
> 
> From the documents I have provided I think those are enough. We bought house and lot under our name, we bought a car and it's also under our name, I'm sending monthly remittances and of course the birth certificate of our kids stating us as father and mother. I just can't believe why they still need more documents.


Be careful, the CO asked for more so you have to give them more or they will not approve your partner and/or refuse the visa. Yes, you bought a house together but does that mean that you were both living in that same house? I know you have, but you need to show the CO this.

It's easy, just give the CO some letters addressed to you and your huband at the same address from the last 6 months to satisfy the requirement. For example, you might have bank statements, bills, information, personal letters sent to you as individuals at that address.

Because you are not married, they want to see that you are living together, this is because the defintion of a de facto couple is that "they do not live separately and apart on a permanent basis".


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## Guest (Aug 11, 2011)

Birth certificates mean nothing. Many people have children and never live together.
You might have bought a house and car together but again it does not mean you are in a defacto relationship living under the same roof.
Photos mean nothing, they can be and frequently are staged in order to get visas.

You need letters, official documents such as things from the government, addressed to either you both individually or as a couple, addressed to the home you both live in. Envelopes don't count. 

Do you have life, home or car insurance naming each other as beneficiaries? Or wills even? 

As Sarah says if your CO says they want it get it regardless of if you think you shouldnt have to or your visa could be refused.


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## BarbaraH (Jan 6, 2012)

*de facto relationship*



_shel said:


> Birth certificates mean nothing. Many people have children and never live together.
> You might have bought a house and car together but again it does not mean you are in a defacto relationship living under the same roof.
> Photos mean nothing, they can be and frequently are staged in order to get visas.
> 
> ...







We plan to lodge an off shore defacto application in Washington DC in the Spring, as just getting all the requirements together first. Two questions....
if I put in the app off shore, am I allowed to apply for just an ETA to come visit Australia and my partner during the app processing time? Also, does age matter when granting a defacto as we are an older couple with previous families?
Thank you!


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## Guest (Jan 6, 2012)

No age does not matter and yes you can apply for a tourist visa and go to Australia. But ensure you let your CO know your plans. You are applying for an offshore visa and you must be offshore when it is granted. If you are onshore it will be invalid and you'd have to apply and pay for the visa again!


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## Stephix26 (Jan 5, 2012)

_Sarah_ said:


> Be careful, the CO asked for more so you have to give them more or they will not approve your partner and/or refuse the visa. Yes, you bought a house together but does that mean that you were both living in that same house? I know you have, but you need to show the CO this.
> 
> It's easy, just give the CO some letters addressed to you and your huband at the same address from the last 6 months to satisfy the requirement. For example, you might have bank statements, bills, information, personal letters sent to you as individuals at that address.
> 
> Because you are not married, they want to see that you are living together, this is because the defintion of a de facto couple is that "they do not live separately and apart on a permanent basis".


Hi, 

I already have permanent residency but I was looking into applying for a partner visa. Is this different to de facto? I am asking because we do not currently live together as I am finishing university. Do you know anything about what documents might be required for a partner visa? 

Many thanks, Stephi


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## Guest (Jan 6, 2012)

Do you mean for your partner? Where do they live if not with you? Are you living in Australia?


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## Stephix26 (Jan 5, 2012)

_shel said:


> Do you mean for your partner? Where do they live if not with you? Are you living in Australia?


We are in the UK but I have permanent residency already for Australia. Me and my partner want to live in Australia so I want to get a visa for my partner. He is in the Royal Air Force so he moves around quite a lot. I am in university accommodation at the moment because he had to move to a new job about 4 hours away from me so we just see each other on the weekends. He wants to transfer to the Royal Australian Air Force and at the moment we are trying to work out the best way of applying... 

We are not sure whether to apply for a partner visa for him or whether it is better for him to apply for permanent residency by transferring from the RAF to the RAAF.


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## Guest (Jan 6, 2012)

Have you ever lived together?


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## Stephix26 (Jan 5, 2012)

Yes but was a couple of years ago now so no recent documentation.


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## Guest (Jan 6, 2012)

Then you'll be hard pushed to convince them you are in a dafacto relationship and not just boyfriend girlfriend! You could sponsor him for a PMV if you plan on getting married. But if his home base is not with you I assume you don't have other evidence such as joint finances etc! 

When did you get your PR as a dependant?


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## Stephix26 (Jan 5, 2012)

Yes I thought it might be a struggle! No joint finances etc. We did have a joint savings account when we lived together but like I said that was a little while ago now and I'm sure one savings account is nowhere near enough!

I originally was issued permanent residency in 2003 and since then I have been issued a Resident Return Visa, which expires beginning of April 2013.


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## Guest (Jan 6, 2012)

Ahh OK, I was concerned it was recent ie could effect your PR or that of your parents if you were not in fact single & dependent.

But your best bet would be to either sponsor him for a PMV Prospective Marriage Visa (Subclass 300) IF you plan on getting married within 9 months of getting to Aus lol

Or him getting PR in his own right and if the RAF is sponsoring it might be a good option. They may even pay some sort of relocation


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## BarbaraH (Jan 6, 2012)

Thank you for your quick reply! I have been told that it takes 3-6 mos to receive an answer. If I report that I am visiting Australia once lodged, do they not start processing until I return, or stop processing until returning? Does anyone know how long it USUALLY takes to receive an answer if you have a complete application? Should I go for the health piece prior to lodging or wait til they tell me to go? 
I am in Australia until March, should I get police clearance here before I leave? I am applying off shore as I have an 8503 on my visa now.


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## Stephix26 (Jan 5, 2012)

LOL! There is really no need to rush into marriage is there! 

Maybe you are right, raf sponsorship may be the best option! I have sent an email to the people that deal with lateral recruitment for more information so I guess just wait and see now...

Thanks for all the good advice!


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## Guest (Jan 6, 2012)

BarbaraH said:


> Thank you for your quick reply! I have been told that it takes 3-6 mos to receive an answer. If I report that I am visiting Australia once lodged, do they not start processing until I return, or stop processing until returning? Does anyone know how long it USUALLY takes to receive an answer if you have a complete application? Should I go for the health piece prior to lodging or wait til they tell me to go?
> I am in Australia until March, should I get police clearance here before I leave? I am applying off shore as I have an 8503 on my visa now.


 I'm not sure how long processing is taking right now, 7 months ish last I heard but then it might ave changed. I waited 9 months!

No they dont stop processing. They'll plod on with it and send you an email when they are ready to grant it telling you to make arrnagements to leave Australia. You then go home, or fly off to New Zealand, fiji or where ever. They grant it whilst you are there, you fly back in with a new visa )

You have an 8503  any reason for it? You sure you'll get granted a tourist visa? I wouldnt get your PCC until asked because just in case it takes forever to grant it could expire!


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