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Discussion Starter · #1 ·
Hi guys, this is a question regarding the de facto status of a relationship when applying for the Partner Visa. Now I completely understand what is written on the Immi website. The couple has to live together for 12 months before DIAC acknowledges that the relationship is committed and genuine.

And I know this is to prevent cases of mail-order brides or people getting PRs under the pretext of marriages that are non-genuine.

Now here's my scenario:

I have been in a long distance relationship for 4 years. In fact I have crossed the 4th year mark. Due to a few unfortunate family matters, my partner and I weren't able to get married but we've been 100% committed throughout these 4 years. I spent 1 month in Oz with my partner in 2009, then spent 3 months in 2010, all under the tourist visa. And before and after these long-stay periods, I have also visited him for periods ranging 1-2 weeks.

Likewise, he visited me for 3 months last year, and the years before that, he's come to see me at least 2 other times for a 2-week period. In fact, we got engaged this February! And I've got this posted on Facebook (and his), with all the congratulatory comments coming in.

And to add on, I have the usual relationship evidence like photos (tons of them), emails, chat conversations, Skype calls, phone bills spanning over the 4-year period. Now for joint assets, with the exception of a joint bank account which doesn't have much in it at all, we don't have joint assets because of our long distance factor. His home is fully paid up for and under his mum's name, hence no home loans. Well same for the family car...it was bought by his brother as a gift to the mum. Utilities are paid for by the mum. So as you can see, there isn't any joint expense between us.

So what I really want to know is, can/will my 4-year relationship, supported with the above evidence, be accepted as a de facto relationship?

Thanks!
 

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Hi guys, this is a question regarding the de facto status of a relationship when applying for the Partner Visa. Now I completely understand what is written on the Immi website. The couple has to live together for 12 months before DIAC acknowledges that the relationship is committed and genuine.

And I know this is to prevent cases of mail-order brides or people getting PRs under the pretext of marriages that are non-genuine.

Now here's my scenario:

I have been in a long distance relationship for 4 years. In fact I have crossed the 4th year mark. Due to a few unfortunate family matters, my partner and I weren't able to get married but we've been 100% committed throughout these 4 years. I spent 1 month in Oz with my partner in 2009, then spent 3 months in 2010, all under the tourist visa. And before and after these long-stay periods, I have also visited him for periods ranging 1-2 weeks.

Likewise, he visited me for 3 months last year, and the years before that, he's come to see me at least 2 other times for a 2-week period. In fact, we got engaged this February! And I've got this posted on Facebook (and his), with all the congratulatory comments coming in.

And to add on, I have the usual relationship evidence like photos (tons of them), emails, chat conversations, Skype calls, phone bills spanning over the 4-year period. Now for joint assets, with the exception of a joint bank account which doesn't have much in it at all, we don't have joint assets because of our long distance factor. His home is fully paid up for and under his mum's name, hence no home loans. Well same for the family car...it was bought by his brother as a gift to the mum. Utilities are paid for by the mum. So as you can see, there isn't any joint expense between us.

So what I really want to know is, can/will my 4-year relationship, supported with the above evidence, be accepted as a de facto relationship?

Thanks!


Hey Miss Swan

Looks quite tricky. As DIAC would want to look at proof that your partner and yourself have not been living apart for a long period of time, and will also want to take a look at how couples share the expenditures, and have shared cost in an asset. You could take a look at the Prospective Marriage Visa, as it seems like it could be the Visa your looking for. Would also be a great idea to talk to a Migration Agent to get a cleared picture.
 

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Discussion Starter · #3 ·
Hey Miss Swan

Looks quite tricky. As DIAC would want to look at proof that your partner and yourself have not been living apart for a long period of time, and will also want to take a look at how couples share the expenditures, and have shared cost in an asset. You could take a look at the Prospective Marriage Visa, as it seems like it could be the Visa your looking for. Would also be a great idea to talk to a Migration Agent to get a cleared picture.
Hi sam_lloyd1881, thanks for your reply. I understand about shared expenditures being an important component of a genuine relationship but at this moment there isn't anything for us to share :( No house loan, no car loan...)

I did ever think of PMV, but I realised I will have to pay double, and submit twice because after the PMV I'll have to apply for a proper Spouse Visa. Doesn't make sense for me to re-do everything.
 

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Hi sam_lloyd1881, thanks for your reply. I understand about shared expenditures being an important component of a genuine relationship but at this moment there isn't anything for us to share :( No house loan, no car loan...)

I did ever think of PMV, but I realised I will have to pay double, and submit twice because after the PMV I'll have to apply for a proper Spouse Visa. Doesn't make sense for me to re-do everything.
Hi Miss Swan,

you could maybe take another look at that path.Cause it looks more certain than the 12 month defacto_Or if you guys are going to tie the knot anytime soon, Spousal Visa. Would you be making the application abroad or in Aussie?
 

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Discussion Starter · #5 ·
Hi Miss Swan,

you could maybe take another look at that path.Cause it looks more certain than the 12 month defacto_Or if you guys are going to tie the knot anytime soon, Spousal Visa. Would you be making the application abroad or in Aussie?
Well I just got off the phone with 2 different agents. Sadly, they don't think de facto would be a good choice because we don't have shared assets or expenses.

sam_lloyd1881, I was planning to do the Spouse Visa but just that it's a little stressful for both of us, as mentioned earlier. Hence I'm trying to explore other options. I only have a week's leave to play around with and putting everything together when I'm only there for a week (in fact, less than that when you include air time) is nail-biting (my partner's not exactly the most organised around), and not to mention, adding financial strain to us.

The application will be offshore :)
 

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Hi Miss Swan,

Hope you are able to get it sorted in the week you are there.
Maybe you could look into the Skilled Migration Path as an option.
 
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