J&K

Hi everyone,

I've got a question about fulfilling the 12 month cohabitation requirement for a spouse visa under de facto heading.

This is our situation:

We have been together for over 2 years.
We started living together at the start of our relationship.
We have now lived together for a total period of 16 months.
This period is interrupted though.
I have had to enter and leave Australia on short term tourist visas and while outside of Australia have had to work (in order to come back and contribute to the relationship again, mutual finances).
While away my partner couldn't come live with me, because he's a business owner and manager, he has to work 6-7 days a week and can't get away.
We have always maintained a committed and mutually exclusive relationship though, we have huge phone bills, cards to prove this.
So of the 12 months immediately before applying we have physically lived together for 3+3 months and were temporarily apart for the other 3+3 months.

Are we still able to fulfill the 12 months cohabitation requirement?

We have lots of other types of evidence to back up our relationship for the past 2 years. Wills, bills, letters to us both or one of us at the same address, club memberships, stat decs, newspaper photo, joint travel, photos with index prints showing dates etc.

Would an explanatory stat dec be helpful to clearly state the how, why and what of the times spent living temporarily apart against our will?

And for some periods in the relationship we actually haven't got cards, letters etc, because we were living together physically, and like many married couples, this is when you communicate and express love verbally and physically, so we didn't bother with extra lovey-dovey cards then, we told each other how we felt about each other and our relationship.

Would an explanatory stat dec be helpful to clearly state the how, why and what in this case too?

I appreciate any comments or ideas!!!

Thanx!

SteveBannister

There are a few of us going through the De Facto bit. The attached document is exactly what is required by DIMIA. Writing the 'Profile of Your Relationship' was funny.

Good luck.
Just ask if you need any more help.

Steve.

J&K

Thankyou for your reply and the attachment, it is very helpful.

But where did you get the attachment from? From DIMIA in London? Via a migration agent?

I'm in The Netherlands and the instructions I received from the embassy were so vague and incomplete!

Looking on some DIMIA embassy sites (Londen, Paris, Berlin, Moscow) it seems that they tell the applicants for de facto exactly what they want, and it's not the same everywhere!! If only I knew what The Hague is looking for specifically.

At least now I have a guideline.

But I keep reading two conflicting things:

1) we are satisfied with the evidence presented, that for the period of 12 months immediately preceding the date of application of the party relying on the existence of the relationship:
(i) they had a mutual commitment to a shared life as husband and wife to the exclusion of all others; and
(ii) the relationship between them was genuine and continuing; and
(iii) they had:

(A) been living together; or
(B) not been living separately and apart on a permanent basis.

So for the last 12 months you can have interrupted periods of living together (not separately and apart on a permanent basis)!!

But others say: you HAVE TO have lived together for 12 consecutive months immediately before applying.

So which is it?????????????

Hope more light can be shed on the matter!!!

Again, thankyou for the info already given, really appreciate it!!

SteveBannister

The first two pages are actually from DIMIA in Australia. The third page consists of some additional notes from our agent. Perhaps you should give them a call or ask them a question online to put your mind at rest.

http://www.australiamigrate.co.uk/

Sheila and Shirley,
Australian Migration Associates Ltd.,
Carrington Business Park,
Carrington,
Manchester M31 4DD

Phone 0161 776 9839

Good luck.

Steve.

J&K

Thanks Steve,

J&K