# 189 Visa De Facto Application Relationship Registered



## paxesefian (Nov 3, 2014)

Hello all,

I am new here and I got a few questions that needs to be answered. 

I applied for a 189 visa with my partner (Italian and on a working holiday visa). We have been living a bit less than 6 months together, and I would like to know if I have enough proof. The documents that I've supplied for the de facto portion: 

Bank Statement-Opened 3 months after she moved in
Our De Facto Registration (which voids the 12 month living together requirement)
Utilities Statement
Internet Statement
Airplane tickets for FIJI vacation
Hotel Booking to Port Stephen with her Italian card statement showing she made purchases at the same time and location
Emergency work contact showing each other as dependent
A couple of 888 form
Pictures

I've applied in September, and my partner's visa expires at the end of January. If our visa is refused for whatever reason after January, then we won't be able to apply together inside Australia since she will have to leave. I can cancel my current application, pay another time the $5,250.00 and reapply in December. 
The additional information that I would have: 

Car insurance with both our name
Another trip with me and her to Melbourne 
More utilities and bank statement proof

Should I reapply later with the additional proof?


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## _shel (Mar 2, 2014)

You don't qualify. You need 12 months defacto relationship, living together or marriage. Registered relationships dont count because neither of you are citizens or PR


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## paxesefian (Nov 3, 2014)

From immi website, the 12 month requirement is waived if the relationship is registered. It is also mentioned that this 12 month requirement is for anyone applying for a skilled visa or a permanent visa, which I am. 

There is no mention that one of the parties need to be a citizen or a PR. Do you have any links that proves your point?


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## espresso (Nov 2, 2012)

Fact Sheet 35 does not mention that the waiver only applies if one applicant is an Australian citizen/PR holder. This does not mean that this restriction does not exist - it could be buried somewhere in the official legislative documents. 

Even if the 12-month relationship requirement is waived, you still need to demonstrate that you have _"a mutual commitment to a shared life to the exclusion of all others"_, going above and beyond a girlfriend-boyfriend commitment. Good evidence includes wills in each others names, joint (long-term) financial commitments (loans, property), life insurances where the partner is the beneficiary, kids etc.

If you'd been living together for a year, your evidence would be plenty. However, in your situation I'm not sure whether it will be enough. If you are really committed, why not get married? That would resolve the issue...


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## paxesefian (Nov 3, 2014)

Thanks for the answer espresso. From that link, it mentions: "The one year de facto relationship requirement is a criterion that must be met by applicants for the following visas who claim to be in a de facto relationship: a general skilled migration visa". On the same page, it mentions the waiver for 12 month if the relationship is registered, so hopefully this means that the waiver is applicable for 189 visa applicants. 

I'm afraid to provide wills in each other names as it woudn't seem natural (for a couple in their mid-20s to think about) and the rest is not applicable since we are quite young. 

If I reapply in January before her visa expires, then we would have 8 months living together, not sure if that makes such a huge difference.


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## _shel (Mar 2, 2014)

I think those extra months will make a huge difference. Whilst adjustments have been made to the relationship requirements for registered relationships it was more aimed at spouse visas but couldnt only be applied to such, it had to be applied to all. 

They are well aware that there are people who would register a relationship out of convenience, the better option than marriage, so are wary of people far from meeting the requirements otherwise unless one is citizen or PR who can be held accountable undet the Law.


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## espresso (Nov 2, 2012)

She might be able to extend her stay via a second work holiday visa, if she completed 3 months of specified work in regional Australia (e.g. in the plant and animal cultivation, fishing and pearling, tree farming and felling, mining or construction industries). See the 417 visa page (_Visa applicants_ tab, _Specified work_ section) for details. If she has not done specified work yet, it's unfortunately too late to start now... 



> I'm afraid to provide wills in each other names as it woudn't seem natural (for a couple in their mid-20s to think about) and the rest is not applicable since we are quite young.


Yes, but that's why it's really hard to argue that you are in a de facto relationship. "De facto" means a marriage-like relationship in all but name after all. You can add a partner (de facto or married spouse) at any time until the 189 visa grant. If you got married you could just change her status to "wife" and the application has a high chance of approval. However, if you feel you are not ready for that kind of commitment, I'm not sure that your current application is strong enough to get her included in your visa. 

*Worst case scenario:* If the CO rules that your relationship does not fulfil the de facto requirements, you might be able to switch her status to *non-migrating* dependent, get your (and her) medicals and PCC and get your 189 visa. Afterwards you have to think about visa options to get her to Australia, which might entail flying back to Italy for a while. Options depend on her current education, work experience and future plans (e.g. Would studying be an option?).


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## paxesefian (Nov 3, 2014)

Hello all,

I got some updates for my application. My CO asked for the medicals and police check for both me and my partner. What’s a bit surprising is that he asked for my FBI background check, but that’s no big issue. We’ve already done my medical, I’m just waiting for my Canadian and American police check. 

I hope all this is good news. The CO didn’t ask any additional documentation for the De facto. 

Cheers!


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## paxesefian (Nov 3, 2014)

Hey guys,

Visa granted! No emails no nothing, it was just granted to me and my partner. It seems that the proof we've submitted were enough for our defacto, even though we were only together for less than 6 months. 

Good luck everyone!


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## tinaozzie (Nov 3, 2014)

Congratulations probably you are granted on the ground of registered relationship which avoid 12 months living together.


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## ozbound12 (Mar 23, 2012)

Congratulations and thanks for updating us on your visa progress. This is certainly useful information to anyone applying as a de facto couple in states where registration of such relationships is currently permissible (at this point only QLD, NSW, VIC, ACT and TAS).


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## leoleo_reis (May 1, 2016)

*De Facto Registration*

"Our De Facto Registration (which voids the 12 month living together requirement)"

Hi paxesefian,

Me and my boyfriend are also trying to apply for a 189 visa. We would like to know what is the De Facto registration, and how we can get it. Is it an Australian document, or one from your home country? 

Thanks in advance for your help!!


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