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Immigration Forum / Australia and NZ / May 2005



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Proving defacto from opposite sides of the world

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McG - 23 May 2005 07:56 GMT
Question - I'm Australian, in Australia.  Partner-to-be is in the USA
(British citizen).  We haven't any shared bills, contact is almost
entirely online - just IMs or VoIP.  Am I able to sponsor him in on a
de facto basis?  I'm just a little unsure how on earth I can prove the
existence of a relationship.

Advice welcome.
BKate - 23 May 2005 09:29 GMT
> Question - I'm Australian, in Australia.  Partner-to-be is in the USA
> (British citizen).  We haven't any shared bills, contact is almost
[quoted text clipped - 3 lines]
>
> Advice welcome.

This is want you have to meet to apply for a defacto visa. Have a look
at the link for some other options.

http://www.immi.gov.au/migration/family/partners/index.htm

12-month relationship requirement

If you are applying for a Spouse visa on the basis of a de facto
relationship, or if you are applying for an Interdependency visa, you
must be able to show that you have been in that de facto or
interdependent relationship with your partner for at least the entire 12
months before the date of your visa application.

A de facto relationship is one where the couple have a mutual commitment
to a shared life as husband and wife to the exclusion of all others even
though they are not formally married, the relationship between them is
genuine and continuing, and they live together, or do not live
separately and apart on a permanent basis.

In assessing a de facto spouse or interdependent relationship, the
department normally looks at evidence of such things as living together
full-time, sharing important financial and social commitments, setting
up a household separately from other people.
Note: Periods of 'dating' would not generally be considered to count
     towards the 12-month relationship requirement.

Good Luck :)
McG - 23 May 2005 09:54 GMT
>Good Luck :)

Thanks - looks like we have to marry in order to get a chance to even
live together.  All seems rather back to front but so be it.
Pollyana - 23 May 2005 10:46 GMT
> Question - I'm Australian, in Australia.  Partner-to-be is in the USA
> (British citizen).  We haven't any shared bills, contact is almost
[quoted text clipped - 3 lines]
>
> Advice welcome.

If your contact is almost all online there is no way you can prove a de
facto rel'ship, where you have to have 12 months of living together.
Have you considered a Prospective Marriage (fiance) visa? Depends
whether you plan on getting married though, or just living together. .
McG - 24 May 2005 07:21 GMT
>If your contact is almost all online there is no way you can prove a de
>facto rel'ship, where you have to have 12 months of living together.
>Have you considered a Prospective Marriage (fiance) visa? Depends
>whether you plan on getting married though, or just living together. .

Hi - thanks for posting.  Well ultimately married all going well -
we'd like to just live together to check we get on as well as we think
we do first up.  Looks like we have 9 months to decide via the
prospective visa route.  Alternatively, he'll have to come in on his
ITskills, independently of me.  Just strikes me that it's a whole lot
more complicated that route - but I'm sure we can figure it out.

Thanks for the help.
VintageKitten - 30 May 2005 12:01 GMT
> >If your contact is almost all online there is no way you can prove
> >a de
[quoted text clipped - 12 lines]
>
> Thanks for the help.

This is the way I did it: I kept coming over to Australia to live with
my boyfriend for 6 month stretches (by coming over on an ETA visa, then
extending it once I'm here), until I had enough time with him to
qualify. THis meant giving up my job, and living on an extremely tight
budget (plane tickets here sure don't come cheap!). It's been pretty
hard, since I'm not allowed to work here on a vacation visa - my
partner sure has been great about having to pay for everything...this
is a very hard route to take, but if you're not ready to get married,
it's an option.
Pollyana - 30 May 2005 15:29 GMT
> This is the way I did it: I kept coming over to Australia to live with
> my boyfriend for 6 month stretches (by coming over on an ETA visa,
[quoted text clipped - 5 lines]
> is a very hard route to take, but if you're not ready to get married,
> it's an option.

Its not a strcitly legal option though, rather risky, and may involve
telling lies to immigration - as you posted on another thread,
Vintagekitten?
VintageKitten - 31 May 2005 23:50 GMT
> Its not a strcitly legal option though, rather risky, and may involve
> telling lies to immigration - as you posted on another thread,
> Vintagekitten?

Very true - although I honestly can't see any other way of doing it if
you are over the age of 30 (not eligeble for the working holiday if over
30), unless you're lucky enough to have a sponsored work visa...the only
visa left is the vacation visa. So I really don't have much choice....:(
I'm not sure how they expect adults over 30 to rack up the time
"legally", other than the sponsored work visa - there really is no other
way! (other than getting married, that is)
 
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