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Discussion Starter · #1 ·
Hi

I am planning to submit the below documents for evidence of relationship. We are a gay couple from India planning to migrate to Australia.

1) We are staying together for past 2 years and have shared rent agreement in both our names. Is that enough to show evidence of staying together?
2) Call logs for call made to each other
3) Photographs of pics taken together throughout 3 years of our relationship
4) Statutory declaration from my brother , cousins and friends ( around 10 people ) who have known us as a couple
5) Bus and train tickets of trips taken together , common gym membership

We do not have any joint bank accounts as such. How would that impact the application?
Also I have seen many queries similar to our scenario but I have not seen any successful grants till now on the forum. So I have no clue as to how many people in our scenario are successfully granted PR.
Will our application be delayed or some extra checks be conducted to verify our scenario?
 

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Hi

I am planning to submit the below documents for evidence of relationship. We are a gay couple from India planning to migrate to Australia.

1) We are staying together for past 2 years and have shared rent agreement in both our names. Is that enough to show evidence of staying together?
2) Call logs for call made to each other
3) Photographs of pics taken together throughout 3 years of our relationship
4) Statutory declaration from my brother , cousins and friends ( around 10 people ) who have known us as a couple
5) Bus and train tickets of trips taken together , common gym membership

We do not have any joint bank accounts as such. How would that impact the application?
Also I have seen many queries similar to our scenario but I have not seen any successful grants till now on the forum. So I have no clue as to how many people in our scenario are successfully granted PR.
Will our application be delayed or some extra checks be conducted to verify our scenario?

Dont take me otherwise. I respect your relationship, but few questions to you?
How does the above documents prove that you have a relationship rather than just the friendship does the documents have the evidence to show that the relationship stands as a de facto relationship, most of the people have problem showing and proving the nature of the relationship and remember its still taboo from the country where you belong and supreme court even has acts against it.
Most of the accepted cases are from the countries where its valid, Australia will be breaking the law of other nation ( remember its still not valid in OZ too ) and thus this grant will be carefully monitored before actually being granted.
You need to collect more evidences and prove the genuine relationship may be get married in some other nation where it is termed as legal and provide the evidence as a couple rather than de facto status.
Get a agent may be someone from outside India who can understand and help you guys .
Any ways one of the strong evidence here is the Statutory, can you tell me who amongst you has a PR and does the statutory comes from australian citizen.
Best Of Luck
 

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Discussion Starter · #5 ·
Thanks for your reply.
Well I understand the complexity of my situation and hence I posted on the forum.
But just to correct you I dont think Australia will be breaking the law of India. Being gay is not an offense in India, only same sex cohabitation is. So in that sense no body is breaking any law. Infact I have read cases where Australia has provided Refugee visa to gay couples due to fear of prosecution in their homeland.
Also De facto relationships are valid in Australia as well. Only they haven't legalized marriage still.
Well I dont have anybody with Australian PR which can provide statutory declaration. I have only friends and family in India which can provide declaration to us.
Apart from the above evidences I am planning to provide call logs , facebook checkins etc. Infact my partner has my name tattooed on his arm in a different language. Can that count towards evidence? :p
 

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Check out some of the other de facto threads for ideas of relationship evidence. I haven't applied for this type of visa, but some common suggestions I've seen: if no joint accounts, show how you individually contribute to household expenses, e.g. one partner pays the rent and the other pays the utilities; receipts for large joint purchases such as furniture, car, etc; naming each other as beneficiary on wills or other financial accounts; both included on car insurance or other similar things.
 

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Thanks for your reply.
Well I understand the complexity of my situation and hence I posted on the forum.
But just to correct you I dont think Australia will be breaking the law of India. Being gay is not an offense in India, only same sex cohabitation is. So in that sense no body is breaking any law. Infact I have read cases where Australia has provided Refugee visa to gay couples due to fear of prosecution in their homeland.
Also De facto relationships are valid in Australia as well. Only they haven't legalized marriage still.
Well I dont have anybody with Australian PR which can provide statutory declaration. I have only friends and family in India which can provide declaration to us.
Apart from the above evidences I am planning to provide call logs , facebook checkins etc. Infact my partner has my name tattooed on his arm in a different language. Can that count towards evidence? :p
Hi vp,
Like someone else suggested I really think you should take your case through an immigration agent who has experience in dealing immigration for de-facto couples in India. I think the same sex couple may not matter but proving a de-facto relationship in India is difficult.
If both of you are eligible and can apply independently for PR that would be a bit more expensive but an easier option.
 

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This is most commonly available information on web. If you're further doubts, consult a MARA registered consultant, you need not take full service but just consultation on this matter.

To apply for an Australian Defacto Visa as a de facto spouse, you and your partner generally must have been in a de facto relationship for the entire 12 months immediately prior to lodging your Australia Visa application. A de facto relationship is one where you and your partner are in a spouse-like relationship and you have a mutual commitment to a shared life together to the exclusion of all others. You can be of the same or opposite sex to your partner and be aged 18 years or over

Defacto Relationship includes
  • Knowledge of each other's personal circumstances;
  • Joint finances such as any joint ownership of real estate, joint bank accounts or other major assets;
  • The nature of your household, including living arrangements such as joint residential receipts or joint household accounts
  • The social aspects of your relationship, provided in statements (statutory declarations) by parents, family members, relatives, friends and other interested parties;
  • Joint membership of organisations or joint participation in sporting, social or other activities;
  • Joint travel.

Note: Periods of 'dating' would not generally be considered to count towards the 12-month relationship requirement.
 

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Discussion Starter · #9 ·
Check out some of the other de facto threads for ideas of relationship evidence. I haven't applied for this type of visa, but some common suggestions I've seen: if no joint accounts, show how you individually contribute to household expenses, e.g. one partner pays the rent and the other pays the utilities; receipts for large joint purchases such as furniture, car, etc; naming each other as beneficiary on wills or other financial accounts; both included on car insurance or other similar things.
Thanks for your reply.
The problem is that my partner has just finished college and started working. However we have some joint purchases for household stuff such as television , refrigerator , air cooler etc. I suppose we can submit those receipts.
Since he was studying all this while I paid for our rent and other stuff. But how do I show all that. We never kept any receipts for small purchases and most of them didnt have any name on it.
 

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Discussion Starter · #10 ·
Hi vp,
Like someone else suggested I really think you should take your case through an immigration agent who has experience in dealing immigration for de-facto couples in India. I think the same sex couple may not matter but proving a de-facto relationship in India is difficult.
If both of you are eligible and can apply independently for PR that would be a bit more expensive but an easier option.
Hi. Thanks for your reply.
I have already got my ACS assessment done and planning to file EOI in coming months. Yeah we thought of exploring that option but my partner has just finished college and requires atleast 2 years of work experience to get started with the process.
 

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Discussion Starter · #11 ·
This is most commonly available information on web. If you're further doubts, consult a MARA registered consultant, you need not take full service but just consultation on this matter.

To apply for an Australian Defacto Visa as a de facto spouse, you and your partner generally must have been in a de facto relationship for the entire 12 months immediately prior to lodging your Australia Visa application. A de facto relationship is one where you and your partner are in a spouse-like relationship and you have a mutual commitment to a shared life together to the exclusion of all others. You can be of the same or opposite sex to your partner and be aged 18 years or over

Defacto Relationship includes
  • Knowledge of each other's personal circumstances;
  • Joint finances such as any joint ownership of real estate, joint bank accounts or other major assets;
  • The nature of your household, including living arrangements such as joint residential receipts or joint household accounts
  • The social aspects of your relationship, provided in statements (statutory declarations) by parents, family members, relatives, friends and other interested parties;
  • Joint membership of organisations or joint participation in sporting, social or other activities;
  • Joint travel.

Note: Periods of 'dating' would not generally be considered to count towards the 12-month relationship requirement.
Hi Rameshkd
Thanks a lot for your valuable. We satisfy almost all of these criterias and can prove the same.
Can you please share the source of this extract. I found this on DIBP's website which I am sharing in the next post
 

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Discussion Starter · #12 ·
Below is the requirement as per DIBP's website.

The history of the relationship through a signed statement regarding:
how, when and where the couple first met
how the relationship developed
the couple's domestic arrangements, that is, how they support each other financially, physically and emotionally and when this level of commitment began
any periods of separation, when and why the separation occurred, for how long and how the couple maintained their relationship during the period of separation
the couple's future plans.
We can provide this declaration but does it have to be a statutory declaration? Not sure if we can provide statutory declaration due to legal issues

Financial aspects of the relationship, such as:
joint ownership of the house or joint names on a lease
correspondence addressed to the couple at the same address
details of financial commitments including bank statements, and any joint liabilities.
We have joint names on house lease agreement and our passports are on the same address. We don't have any joint bank statements but certain household stuff that we bought together.


The nature of the household, such as:
any joint responsibility for the care and support of any children
the couple's living arrangements including sharing responsibilities within the home.
Yes we share responsibilites but then how to I prove it. using a declaration?

Social context, such as:
evidence that the couple is generally accepted and recognised as a couple socially such as joint invitations
evidence of common friends
assessments by the couple's friends and family of the relationship
joint travel or joint participation in sporting, social or cultural activities.
Yes we can provide evidence of common friends and my family members. We can also provide evidence of joint travel.
But again as someone posted , does the declaration from friends or family have to be only from an Australian PR holder?? In that case we don't know anyone as such.

The couple's commitment to each other, such as:
the duration of the relationship including knowledge of each other
intention to have a long term relationship, for example, through terms of their wills
correspondence and telephone accounts to show that the couple maintained contact during any periods of separation.

We have not thought of wills since we are too young for that at the moment. We have call records to show our contact during entire 3 years of our relationship, including small periods ( 7-8 days) of separation
 

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Discussion Starter · #13 ·
Could someone pls reply. Will my documents suffice.
the declaration from family and friends - does it have to be a statutory declaration?
Is it mandatory to get a declaration from an Australian PR holder?
 

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Could someone pls reply. Will my documents suffice. the declaration from family and friends - does it have to be a statutory declaration? Is it mandatory to get a declaration from an Australian PR holder?
Statutory declarations are only valid in Australia thus your statements do not need to be in this format since they're not legally binding in your country. De facto requirements for same sex couples are the same as for heterosexual couples. The only issue is where cohabitation is not possible due to the legal consequences in the home country, in which case statements from people aware of your relationship, photographic evidence and other documentation such as travel itineraries, letters/emails, financial documentation, wedding invitations to the both of you etc will help establish the legitimacy of the relationship.

You may wish to contact the Gay and Lesbian Immigration Taskforce for some advice on documentation if you're still unsure.
 

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hello there i want to ask you did you got the visa :D and also are these kind of informations enough ? ı am wanting to apply for subclass 476 visa with my partner also :)
 

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hello there i want to ask you did you got the visa :D and also are these kind of informations enough ? ı am wanting to apply for subclass 476 visa with my partner also :)
It’s a 4 year old thread
Don’t expect any response here

Cheers
 
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