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Discussion Starter · #1 ·
Hi there,

I am new to this forum but I'm always kind of lurking in the background reading up on things. Hah...

My boyfriend (English) and I (Aussie) have been together for nearly 3 years now. We met in Melbourne and then went country hopping together to NZ, Canada and now are residing in London, UK. We are ready to move back to Australia together now and are just starting to get the ball rolling on the De Facto Visa for him.

Do you think it will matter at all that we are living in the UK and not in Australia while the application is being made?

We meet all the requirements, have all the supporting documentation, have the horribly expensive fee it costs. So basically we are just waiting for our friends/family to sign the declarations for us (which can be hard when we are living on the other side of the world lol).

It will be good to keep you updated and also for me to keep updated on everyone elses immigration progress too.

Nice to meet you all! :)
K & N
 
G

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Doesnt matter in the slightest. My hubby is Australian and has never 'lived' in Australia but sponsored me. Its only those who are PR that need to be 'ordinarily resident'
 

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it doesnt matter as long as you can prove that you share co-habitation for 12 months
 
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Actually you do not need to prove cohabitation if it was not possible, against religious or cultural beliefs etc.

The requirement is a '12 month relationship' requirement not a 12 month living together requirement.
 

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Actually you do not need to prove cohabitation if it was not possible, against religious or cultural beliefs etc.

The requirement is a '12 month relationship' requirement not a 12 month living together requirement.
I have a question too.. I didn't apply for my bf neither i showed in my application that i have a bf (mainly because immigration agent that have been using i couldn't trust him with such information while living in pakistan). Now once my case is released by agent (once i get the PR) can i apply myself independently for my bf for de-facto visa? or I am missing out on any thing.. we have been living together for more a year now.. completely monogamous.
 
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He can apply for a spouse visa after you have validated. He will need to prove you have been in an exclusive comitted relationship for 12 months. If you have been living together that should be easy. Proof of mail going to the same address to both or either of you, proof you both share household expences and chores etc. Do your family know about the relationship or friends? Satutory declarations from them and you will need 2 from australians.
 

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He can apply for a spouse visa after you have validated. He will need to prove you have been in an exclusive comitted relationship for 12 months. If you have been living together that should be easy. Proof of mail going to the same address to both or either of you, proof you both share household expences and chores etc. Do your family know about the relationship or friends? Satutory declarations from them and you will need 2 from australians.
Yeah I can get the Bills, and mail. My friends do.. They can easily provide statutory declarations, however family will be a pickle. We cannot discuss it with them (Conservative Society as it is Pakistan).
1. Won't DIAC object that I should have told them earlier in my Form 80 that i am in de facto relation (Cannot ask my agent as i mentioned to add on in my case)? What is the way to clear them that I had concerns living in Pakistan.
2. From 2 Australians? as in I don't know any Australian personally who can give statutory declaration for me. Is the (Australian) person suppose to be a family member or a close friend?
 

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I just checked the fee and all. Is it possible that i once go to australia while my partner is in pakistan, i apply for his visa in couple of months from australia..? or that will nullify the living-together-for-12-months clause? Does Partner has to go through the length Security checks too (normally paki passport holders have to wait for 12-24 months for security checks) which is pretty long time. does that apply to partners of main applicants as well?
 

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Discussion Starter · #9 ·
This forum is so helpful thank you! With regards to the declarations from family and friends , will copies suffice or will we need the originals to be sent to us from Australia and we submit the originals with our application?

Also, with evidence and photographs, how do you prove that a photograph was taken at a certain date? We have lots of photos as we have been travelling a lot in the past 2 years. We also have letters, emails, cards, rental agreements covering the last two years too. Is there anything else you suggest we provide as evidence to support our application?

Thanks so much!
 
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This forum is so helpful thank you! With regards to the declarations from family and friends , will copies suffice or will we need the originals to be sent to us from Australia and we submit the originals with our application?

Also, with evidence and photographs, how do you prove that a photograph was taken at a certain date? We have lots of photos as we have been travelling a lot in the past 2 years. We also have letters, emails, cards, rental agreements covering the last two years too. Is there anything else you suggest we provide as evidence to support our application?

Thanks so much!
You need originals especially the ones from Australian because the signature makes it a legal document.

Send some bills, council tax which should have both your names on or letters from 'official' places like DVLA or benefits etc . Any bill addressed to both or individually but showing the same address.

Photos should show changes, slightly different hair, with each others families etc. But don't go OTT because the other evidence is more important.

Financials are important, if you share a bank or savings account great. If you have joint insurance, benefits claim, loan etc.
If one of you pays the rent the other the bills etc print bank statements showing that. If its a joint account no need.

Any travel documents you have showing names and travelling on the same date.
 
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Yeah I can get the Bills, and mail. My friends do.. They can easily provide statutory declarations, however family will be a pickle. We cannot discuss it with them (Conservative Society as it is Pakistan).
1. Won't DIAC object that I should have told them earlier in my Form 80 that i am in de facto relation (Cannot ask my agent as i mentioned to add on in my case)? What is the way to clear them that I had concerns living in Pakistan.
2. From 2 Australians? as in I don't know any Australian personally who can give statutory declaration for me. Is the (Australian) person suppose to be a family member or a close friend?
Any Australian you know who can confirm they know you have been in a relationship. It could be a doctor, teacher, friend or family.

You may well face issues that you did not declare you were in a relationship and the application will be scrutinised in case it is fake relationship for visa purposes. But if it is genuine they will have ways and means of knowing. They also understand why people would not tell their family but you may have told friends, a colleague, a teacher etc.

The spouse visa will take up to 12 months when applying from Pakistan. The time apart wont effect you because your spouse could not come to Australia because they did not have a visa. Separation is allowed when it can not be avoided.

BUT I would suggest putting in a change of circumstances form.
 

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Yeah I can get the Bills, and mail. My friends do.. They can easily provide statutory declarations, however family will be a pickle. We cannot discuss it with them (Conservative Society as it is Pakistan).
1. Won't DIAC object that I should have told them earlier in my Form 80 that i am in de facto relation (Cannot ask my agent as i mentioned to add on in my case)? What is the way to clear them that I had concerns living in Pakistan.
2. From 2 Australians? as in I don't know any Australian personally who can give statutory declaration for me. Is the (Australian) person suppose to be a family member or a close friend?
Hello bukhari
I am in kind of a similar situation like yours. Would you like sharing how luck turned out in your case? Since i am equally perplexed about he defactor proving thing for people from pakista..
Thanka
 
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bukhari said:
I have a question too.. I didn't apply for my bf neither i showed in my application that i have a bf (mainly because immigration agent that have been using i couldn't trust him with such information while living in pakistan). Now once my case is released by agent (once i get the PR) can i apply myself independently for my bf for de-facto visa? or I am missing out on any thing.. we have been living together for more a year now.. completely monogamous.
can you walk out of the contract with your agent and do it all by yourself? in that way, all the correspondence between you and DIAC would remain confidential and be under your own control.

you can surely get the grant yourself first and then try to get your partner over. but when your application for partner visa is onshore in Australia, it will take much longer time to process. and in addition to that, maybe you two will have to suffer from the separation.

there is a sort of waiver from DIAC website said that: if you can prove that in your country, there is some law against same sex relationship, you don't even need to provide a whole lot of evidence on your de facto relationship.

wish you all the very best.

Sent from my iPhone using ExpatForum
 
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can you walk out of the contract with your agent and do it all by yourself? in that way, all the correspondence between you and DIAC would remain confidential and be under your own control.

you can surely get the grant yourself first and then try to get your partner over. but when your application for partner visa is onshore in Australia, it will take much longer time to process. and in addition to that, maybe you two will have to suffer from the separation.

there is a sort of waiver from DIAC website said that: if you can prove that in your country, there is some law against same sex relationship, you don't even need to provide a whole lot of evidence on your de facto relationship.

wish you all the very best.

Sent from my iPhone using ExpatForum
Thanks for info.. I tried getting my case from agent but he is too adamant on not leaving his client.. So I have decided that I will let the case be and we will apply for him once me move to Aussie land on 176 and he joins me on his education visa for post graduation.. We can live together in Aussie land and get a verified time period for De facto visa
 
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