yoda17

Hello all

I have recently returned to the uk after my 4th visit to australia. On my last visit i met an aussie girl early in october and we have been in a relationship ever since. We have decided that we are going to stay together and to try and apply for the defacto relationship visa.

I need some advice as there are a few issues meaning we do not yet qualify for the 12 month relationship requirement.

I left australia on the 18th feb 2011 and can now only return on tourist visa's meaning i can't work and support myself.

As we were in the early part of our relationship we never even considered our visa options until it was too late and my visa was due to expire, so therefore we dont have any real evidence of how long we have been together and our living arrangements. All we have is invitations and photos and i paid for groceries and nights out and things.

She is an australian citizen but also has an irish passport so can come to the uk to live and work but cannot get long leave from work until august 2011 so that will be 6 months until we will be back living together again.

Is there anything we can do to help prove our previous time together and anything we can do to help prove that we are still in a committed relationship even though we will not be together for the next 6 months?

Any insight and advice will be very much appreciated.

thanks

sonlymewalter

Hi mate I've moved this to the Aussie Immigration forum as the posters on there will be able to help

yoda17

thanks mate

sonlymewalter

no probs - you might want to join this thread and ask the question in there mate as everyone in this thread is a spouse visa and usually someone has come across this before and can maybe help - see link here

http://britishexpats.com/forum/showt...=704602&page=9


Also maybe do a search too mate. BE is a mind of information

Voyager 3

You could get statements from friends/relatives about your previous time spent together. If they are written by aussie citizens they are statutory declarations (form 888 on immigration site)

Whilst you spend time apart you need to prove you kept in contact so any emails you send one another you need to keep a copy of, phone bills etc etc

Ideally you need to be living together or if not show that any separation is only temporary
Is your partner thinking of moving here for a considerable amount of time?

yoda17

She is willing to move here but will only be able to stay 6 months at first as she has only recently moved into her own house. That would take our relationship over the 12 months but we wouldnt have lived together for 12 months, would that matter? the only reason i came back to engand is because my visa expired and i couldnt afford to stay there without working.

Shellyj

You can only get round the 12 month relationship requirement when living apart if you are in a dependent relationship and the seperation is unavoidable. Reasons such as work, religion or visas would be ok.

But are you and can you prove you are dependent on each other physically, emotionally and importantly financially during the seperation?

Bermudashorts

I think you need to either find a way to live together for 12 months or this is tenuous to say the least. I would not be submitting a partner visa application on the grounds of a 12 month relationship during which you were apart for nine months or so, no matter how much you evidence you collate over swapped emails and phone calls.

Have you thought about the prospective marriage visa. I know it is very early days, but if you believe you are a real defacto coupe then that would not matter. If you got this visa you would have a 9 month temporary visa and you would need to get married within this time.

yoda17

I guess the only way we would be dependent is if I went back to Australia on a 6 month tourist visa and she would need to support me finacially as I would not be able to work until we pass the 12 month relationship living together.
But I don't think this would be the best way to go about it as it would be a big strain finically over the next year or so.

yoda17

We haven't yet began to apply for a visa this is more of a scouting mission to try and find some advice on what is best for our situation.
I was mainly trying to find a way that may be much more convenient than having to uproot the girlfriend and make her move over here for 6 or 12 months if it wasn't absolutely necessary!

I have looked at the marriage visa but I'm pretty certain that this isn't something that we would be completely happy rushing into at this stage!

GoldCoastMag

Are you eligible for a skilled or working holiday visa?

yoda17

No unfortunately not. I've already done my 2 working holiday visas and I don't have any necessary skills on occupations list!

Bermudashorts

Yes I know you are not applying for it yet, I was simply pointing out that I would not recommend you maintain a distance relationship for a while and then try on the grounds of the separation being enforced.

You have two options; (a) you got to OZ but cannot work or (b) your OH comes to UK and can work.

If you or your OH thinks it is not worth "uprooting" and don't want any inconvenience, then it really doesn't sound like you are a defacto couple. A defacto couple is a married coupld all but for a piece of paper and married couples normally would put up with a bit of inconvenience if it meant living on the same side of the world.

yoda17

Well I guess she had best start packing her bags then!