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-   -   De-facto spouse evidence (https://britishexpats.com/forum/australia-54/de-facto-spouse-evidence-279456/)

conra1e Jan 23rd 2005 6:34 pm

De-facto spouse evidence
 
Hi,
I have just applied for a de-facto spouse visa. I've been through the medical and police check, however, my partner and I are worried that we will be turned down because of a lack of evidence for our relationship. We have been living together for nearly three years, but all the bills have been either in mine or our flatmates names, we have no joint bank accounts, and as we have rented privaty no rental contract that includes our names. We have provided telephone records showing calls made to each other over the past three years, photos, travel documents and signed declarations by four australians stating the nature of our relationship (including one from my partners parents saying we can stay with them when we arrive). However, we are still very worried that we will be turned down and will have spent our money and gone through all this stress for nothing. Can anybody tell me what they think our chances are? Should go against our principals and
just get married? My boyfriend is desperate to get out of england and go home, please someone, give me advice!!!!!!

bondipom Jan 23rd 2005 8:30 pm

Re: De-facto spouse evidence
 

Originally Posted by conra1e
Hi,
I have just applied for a de-facto spouse visa. I've been through the medical and police check, however, my partner and I are worried that we will be turned down because of a lack of evidence for our relationship. We have been living together for nearly three years, but all the bills have been either in mine or our flatmates names, we have no joint bank accounts, and as we have rented privaty no rental contract that includes our names. We have provided telephone records showing calls made to each other over the past three years, photos, travel documents and signed declarations by four australians stating the nature of our relationship (including one from my partners parents saying we can stay with them when we arrive). However, we are still very worried that we will be turned down and will have spent our money and gone through all this stress for nothing. Can anybody tell me what they think our chances are? Should go against our principals and
just get married? My boyfriend is desperate to get out of england and go home, please someone, give me advice!!!!!!

DIMIA seem to ask for more information rather then reject an application for not enough evidence. Evidence does not have to be in both names but must show both of you living in the same place at the same time. It seems that you have plenty of stuff in your name but just have to dig out stuff in his name. Joint bank accounts are also evidence of joint financial committment. Have you paid any large amounts for him or made any joint purchases? Getting married and then applying for a visa can ring DIMIA alarm bells and is no guaranteed method of getting a visa.

If he truly wants to be with you he can wait.

Merlot Jan 23rd 2005 10:14 pm

Re: De-facto spouse evidence
 
When I applied in Australia in 1998 it was just before me and hubby got wed. I was in Oz on a Working Holiday Visa and met him there.

We had only known each other for 10 months when we got married, so we were prime candiates to be rejected, we weren't thankfully.

We really worked very hard with evidence, you sound like you have done your homework too. The parents bit is great too as is a good yard stick. Parents on a whole would not say something that was not true as they don't want to see their child in trouble, so tends to be more honest.

We are about to celebrate 7 years of marriage in April and they said it would never last.

Incidently, Immigration never requested to meet my other half but probably had a few belly laughs reading our more private letters!

Best of luck
Merlot :)

moneypenny20 Jan 23rd 2005 11:29 pm

Re: De-facto spouse evidence
 

Originally Posted by conra1e
Hi,
I have just applied for a de-facto spouse visa. I've been through the medical and police check, however, my partner and I are worried that we will be turned down because of a lack of evidence for our relationship. We have been living together for nearly three years, but all the bills have been either in mine or our flatmates names, we have no joint bank accounts, and as we have rented privaty no rental contract that includes our names. We have provided telephone records showing calls made to each other over the past three years, photos, travel documents and signed declarations by four australians stating the nature of our relationship (including one from my partners parents saying we can stay with them when we arrive). However, we are still very worried that we will be turned down and will have spent our money and gone through all this stress for nothing. Can anybody tell me what they think our chances are? Should go against our principals and
just get married? My boyfriend is desperate to get out of england and go home, please someone, give me advice!!!!!!

I wouldn't worry too much, you won't get rejected, they will just ask you to find more proof and you will be amazed at what you can find. Does your other half not have any mail addressed to your address over the past few years? Some English stat decs from friends, from flat mates, more photos, etc. Relax. Don't start getting married now, it will really ring alarm bells at DIMIA.

mlbonner Jan 24th 2005 12:34 am

Re: De-facto spouse evidence
 
Don't get married!! Someone applied recently, and as they'd been married less than a year, they were still asked for the 12months de facto proof. Your evidence is similar to mine, I got my visa. I was asked for more info also, like others have said, its amazing what you can find. Have a good think about it, even envelopes putting you both at the same address count :)

cyclemark Jan 24th 2005 12:50 am

Re: De-facto spouse evidence
 
Don't get married just to apply for the vis - it makes no difference at all, you still have to provide the same evidence anyway.

As it happens I sponsored my wife, when we began the process we were not married but we did get married part way through & just sent them a copy of our marriage certificate

I wouldn't worry - sounds like you'll be fine.

juzzer Jan 25th 2005 7:31 am

Re: De-facto spouse evidence
 

Originally Posted by conra1e
Hi,
I have just applied for a de-facto spouse visa. I've been through the medical and police check, however, my partner and I are worried that we will be turned down because of a lack of evidence for our relationship. We have been living together for nearly three years, but all the bills have been either in mine or our flatmates names, we have no joint bank accounts, and as we have rented privaty no rental contract that includes our names. We have provided telephone records showing calls made to each other over the past three years, photos, travel documents and signed declarations by four australians stating the nature of our relationship (including one from my partners parents saying we can stay with them when we arrive). However, we are still very worried that we will be turned down and will have spent our money and gone through all this stress for nothing. Can anybody tell me what they think our chances are? Should go against our principals and
just get married? My boyfriend is desperate to get out of england and go home, please someone, give me advice!!!!!!


When we applied for a defacto spouse visa, we had a joint mortgage and bank account etc, so no problem with temp residency, but when my partner applied for permanent residency we had an interview with DIMIA and all we had as evidence was statements of separate bank accounts but with the same address for a few years, and this was enough for them, permanent visa granted there and then.

SteveBannister Jan 25th 2005 8:51 am

Re: De-facto spouse evidence
 
1 Attachment(s)

Originally Posted by conra1e
Hi,
I have just applied for a de-facto spouse visa. I've been through the medical and police check, however, my partner and I are worried that we will be turned down because of a lack of evidence for our relationship. We have been living together for nearly three years, but all the bills have been either in mine or our flatmates names, we have no joint bank accounts, and as we have rented privaty no rental contract that includes our names. We have provided telephone records showing calls made to each other over the past three years, photos, travel documents and signed declarations by four australians stating the nature of our relationship (including one from my partners parents saying we can stay with them when we arrive). However, we are still very worried that we will be turned down and will have spent our money and gone through all this stress for nothing. Can anybody tell me what they think our chances are? Should go against our principals and
just get married? My boyfriend is desperate to get out of england and go home, please someone, give me advice!!!!!!



Try reading the paperwork that I've attached.

wattle Jan 25th 2005 11:28 am

Re: De-facto spouse evidence
 
just hypothetical!

What if you were living with someone for over a year and the australian partner wanted to return to australia but the Uk partner wasnt sure. Could you apply for the uk partners visa say whilst he were on a holiday visa to Australia? or does it all need to be done before anyone left uk!

mlbonner Jan 25th 2005 11:30 am

Re: De-facto spouse evidence
 

Originally Posted by wattle
just hypothetical!

What if you were living with someone for over a year and the australian partner wanted to return to australia but the Uk partner wasnt sure. Could you apply for the uk partners visa say whilst he were on a holiday visa to Australia? or does it all need to be done before anyone left uk!

The 12 months need to be immediately prior to application. If they're not, there needs to be a very good reason.

wattle Jan 25th 2005 12:25 pm

Re: De-facto spouse evidence
 

Originally Posted by mlbonner
The 12 months need to be immediately prior to application. If they're not, there needs to be a very good reason.

so do you think it would be possible to lodge the application and then the asutralian partner go to australia whilst the uk partner stays and waits? or will it not go down well?

bondipom Jan 25th 2005 10:25 pm

Re: De-facto spouse evidence
 

Originally Posted by wattle
so do you think it would be possible to lodge the application and then the asutralian partner go to australia whilst the uk partner stays and waits? or will it not go down well?

There are 2 parts to the visa application. The second part is 2 years from date of application in the UK and you will have to provide cohab evidence for those 2 years. If you have been apart DIMIA will wonder why. De Facto partners are those who live together as though husband and wife. The Australian partner may go ahead but if DIMIA need to contact the partner for more info the separation will attract questions.

Once the visa applicant obtains the visa they have to enter oz within the earlier of 12 months from the medical and PCC.

wattle Jan 26th 2005 11:01 am

Re: De-facto spouse evidence
 

Originally Posted by bondipom
There are 2 parts to the visa application. The second part is 2 years from date of application in the UK and you will have to provide cohab evidence for those 2 years. If you have been apart DIMIA will wonder why. De Facto partners are those who live together as though husband and wife. The Australian partner may go ahead but if DIMIA need to contact the partner for more info the separation will attract questions.

Once the visa applicant obtains the visa they have to enter oz within the earlier of 12 months from the medical and PCC.

Hi thanks for that - the reason i ask is that i have alive in bf of 18 months. I have for the past year been telling him i want to go back to australia as i have citizenship but he has done nothing in the past year to sort things out really... but is now hinting that he wants to come. Our house is rented and in my name, we dont have joint bank account and i think it will take forver for us to get 'documented' evidence other than from family and friends to get sorted out... so just wondered if there would be a way around it where i could go as i have planned to at the end of march and he follow me out later... but anyway he has had a year to sort this stuff out and not bothered so i am not going to bend over backwards now and delay my return as i just need to leave this country that im so unhappy in!

bondipom Jan 26th 2005 8:41 pm

Re: De-facto spouse evidence
 

Originally Posted by wattle
Hi thanks for that - the reason i ask is that i have alive in bf of 18 months. I have for the past year been telling him i want to go back to australia as i have citizenship but he has done nothing in the past year to sort things out really... but is now hinting that he wants to come. Our house is rented and in my name, we dont have joint bank account and i think it will take forver for us to get 'documented' evidence other than from family and friends to get sorted out... so just wondered if there would be a way around it where i could go as i have planned to at the end of march and he follow me out later... but anyway he has had a year to sort this stuff out and not bothered so i am not going to bend over backwards now and delay my return as i just need to leave this country that im so unhappy in!

I'd work out what evidence that you do have first. There is no way around the evidence. An application with little evidence is more likely to require an interview. You can sponsor from Australia but you will have to provide evidence of contact and reasons for why you are apart.

My advice is to get him started on the police checks and meds as they take a while when compared to the timeline of a front end loaded partner visa. All around this site are lists of evidence that may help. Jointly named evidence can be got around by showing correspendance addressed and date to you at the same place and time. You have to show a years co-habitation. Joint bank accounts show joint financial committment. This can be proved in other ways.

I hope you find happiness.


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