# Partner/De-Facto Visa



## MR2012 (Jan 22, 2011)

My boyfriend and I meet all of the requirements aside from one, living together for 12 months. We are unable to do this due to him being in the Australian military and myself attending nursing school in the United States. If we applied for the de-facto visa, how likely will it be granted (i.e. it says the 12 months can be waived if your case is compelling enough) since we really don't have much of a choice on living together.

I called the consulate in my state the other day, and the woman on the phone said it's unlikely since we don't live together, but I was wondering if maybe she didn't understand me correctly. If we COULD live together we WOULD be, it's just virtually impossible at this time.


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## Zultan (Aug 4, 2009)

Hi, from reading other peoples experiences your case would not be seen as compelling. Where people have had the 12 months waivered, it is because living together as an unmarried couple in their home country is illegal.. 

They take the view that if your circumstances are preventing your from living together now, you don't actually need the visa. Otherwise what would be the point in giving you a visa to live in Australia until your course is finished?

Getting married or state registering your relationship (you need to be normally resident in Australia to register) would waiver the 12 month requirement. As would entering Australia on a Prospective Marriage Visa (and then getting married within nine months).


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## MR2012 (Jan 22, 2011)

Zultan said:


> They take the view that if your circumstances are preventing your from living together now, you don't actually need the visa. Otherwise what would be the point in giving you a visa to live in Australia until your course is finished?




I wouldn't be moving out there until my courses are over (i.e. I'd be apply for this visa in the next couple of years, not right now). As soon as I got over there we'd be living together. 

If I apply for a working holiday or a 12 month visitor visa and we lived together during that time, does that fulfill the 12 month requirement? Also, do you just have to be physically living together, or have a house/apartment in BOTH parties' names?


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## Zultan (Aug 4, 2009)

Spending twelve months living together on a working holiday or even a tourist visa for 12 months would meet the requirement. 

Yes, you are physically expected to live together - but I imagine that if your partner were to be regularly away for military duty that would be considered acceptable, providing you can show evidence that you stay in regular contact during his absences (and thus demonstrate that the relationship is ongoing).


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## MR2012 (Jan 22, 2011)

Zultan said:


> Spending twelve months living together on a working holiday or even a tourist visa for 12 months would meet the requirement.
> 
> Yes, you are physically expected to live together - but I imagine that if your partner were to be regularly away for military duty that would be considered acceptable, providing you can show evidence that you stay in regular contact during his absences (and thus demonstrate that the relationship is ongoing).




Ok thanks. So records such as skype chats/calls, phone calls, and text messages would be helpful in obtaining? Would you suggest consulting an immigration lawyer?


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## Zultan (Aug 4, 2009)

Yes. Any evidence you can start collecting now would be great. If you can prove a relationship of three years at the time of application you will be given a PR visa (as opposed to a temporary one that needs to be reviewed after a futher two years).

If you have the money I'd definitely recommend talking to a migration agent. George Lombards name comes up on these forums as a respectable one. Personally I used a company called www.gomatilda.com


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## MR2012 (Jan 22, 2011)

Zultan said:


> Yes. Any evidence you can start collecting now would be great. If you can prove a relationship of three years at the time of application you will be given a PR visa (as opposed to a temporary one that needs to be reviewed after a futher two years).
> 
> If you have the money I'd definitely recommend talking to a migration agent. George Lombards name comes up on these forums as a respectable one. Personally I used a company called Go Matilda - Your Gateway to Australia - Visa, Tax and Financial Planning for Australia


As in, we've been boyfriend/girlfriend etc for three years, even if we haven't lived together?


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## Zultan (Aug 4, 2009)

Three years of living together ideally, but the earlier you can show the relationship started the more likely you are to get the PR visa.


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## MR2012 (Jan 22, 2011)

Zultan said:


> Three years of living together ideally, but the earlier you can show the relationship started the more likely you are to get the PR visa.


Yes, we were planning to apply for the two year temporary partner visa, then they said they review your situation and see if you qualify to get the PR visa.

What all is involved in trying to make a case for the 12 months to be waived (i.e. personal letters from ourselves, other people, etc.)?


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## Zultan (Aug 4, 2009)

This is where speaking to a migration agent is worthwhile. I can only offer you general information based on my own experience and what I've read - expert advice is what you need.


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## MR2012 (Jan 22, 2011)

Zultan said:


> This is where speaking to a migration agent is worthwhile. I can only offer you general information based on my own experience and what I've read - expert advice is what you need.



ok thanks  Do you know if we just have to live in the same house/apartment for 12 months, or does it have to be in both of our names?


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## Zultan (Aug 4, 2009)

It doesn't need to be in both your names, but you need to be able to prove you both lived there. For example, bank statements addressed to each of you, bills, etc (they don't need to be joint).


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## MR2012 (Jan 22, 2011)

Zultan said:


> It doesn't need to be in both your names, but you need to be able to prove you both lived there. For example, bank statements addressed to each of you, bills, etc (they don't need to be joint).


in your blog, you mentioned registering your relationship as de facto. where can you do that (i.e. website, mail, etc)?


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## MR2012 (Jan 22, 2011)

MR2012 said:


> in your blog, you mentioned registering your relationship as de facto. where can you do that (i.e. website, mail, etc)?


And also, would registering your relationship as de facto help with the partner visa process?


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## Zultan (Aug 4, 2009)

Which state are you planning to settle in? (the rules for registering the relationship in each state are slightly different).


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## MR2012 (Jan 22, 2011)

Zultan said:


> Which state are you planning to settle in? (the rules for registering the relationship in each state are slightly different).


Either NSW, VIC, or QLD, depending on where he gets stationed next.


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## Zultan (Aug 4, 2009)

NSW Registry of Births Deaths & Marriages
Victorian Registry of Births, Deaths and Marriages - Relationships

QLD does not yet have a register. I have read that Victoria is the hardest of the two to register a relationship, where one of the partners is not already on a residency visa. In both cases (if this is a route you go down) I'd recommend building evidence to show that you are doing more than holidaying in Australia (joint bills, gym memberships etc).


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