theorm

Hi,

This question was asked on the forum a couple of years ago. I would like to check that it's still true.

I'm going to send an application for a Skilled-Independent visa soon, and still in doubts whether to include my de-facto partner in it or not.
May the visa be refused to both of us if DIMA are not satisfied with de-facto relationship evidences? Or it will be refused only to my partner?

An option to avoid refusal for both of us is to mention my partner in 47sk form as "going later" and then apply for De-facto spouse visa from Australia.

Thanks in advance!
Roman

welshtony

They would only refuse the secondary applicant if not satisfied with the de-facto relationship. If you have some doubt e.g. only solid eveidence for last 6 years, mention de-facto in the application but do not include in the application. You can then add de-facto to the application 6 months into your application and then they look at the evidence of the claimed 12 months relationship from the date of addition to the application.

Regards


Tony Coates
MARN 0635896

theorm

Tony, thanks for reply!
We have been living together for slightly more than a year and can prove this. There are not that much evidence for the first 6 month except the rental contract and friends declarations. As of the second 6 month it should be OK.

I'll add my spouse to the application as the second applicant and in case of request for additional evidence, we'll try to collect and send them extra evidence.

Thanks,
-R

welshtony

You have to prove minimum of 12 months prior to date of visa application - so would be much stronger if you add your spouse to your application 6 months after you apply - is a judgement call depending on what evidence you have.

Regards


Tony Coates
MARN 0635896

theorm

So, 12 months as a mandatory might not be enough?

I hope that a good evidence of our relationship would be the fact that we have a temporary residentship in the Netherlands which was granted on a basis of skilled migrant program for me and my partner (as my spouse). So we had a similar migration process before, though it was much simpler than australian. We have lots of paperwork evidencing this fact.

welshtony

If the Temp res as a couple for Netherlands was 12 months before you apply for your Australian visa, then it sounds like you would be able to adequately prove that you are in a de-facto relationship at least 12 months - I am just suggesting a way that you could strengthen your evidence, without delaying the making of your visa application

e.g.

If when you are ready to lodge the visa application, you have been living together for say 15 months, but not much evidence except for last 9 months when you went to Netherlands, then it may be an idea not to add your spouse from teh start, but add her 3 months later when you then have really solid evidence throughout the required 12 month period.

Regards


Tony Coates
MARN 0635896

theorm

I'm going to lodge the application ASAP to let it be at ASPC before 1 September changes.
Could you answer a couple of question regarding adding spouse later?

Does it influence the time of processing of the application (if it will be longer in this case)?
Is it 1022 and 80 forms that should be sent later with spouse' details? And if so, is it enough to write in 47sk something like "I'm going to include my de-facto spouse as soon as we have enough evidence of 12 months of genuine relationship.", or it should be a more detailed explanation?
And the last question, is it allowed to send the form about changes in circumstances before CO is assigned?

Sorry for asking (maybe) obvious things

Thanks!

welshtony

Fill out 47SK with just one applicant, yourself. Q18, you put your marital status as de-facto since whenever you first started living together.

Fill in all your spouse details on the form 47SK but only you sign it. Attach a note that you plan to add your spouse to the application in about 4 months time as, eventhough you have been in a de-facto spouse relationship for over 12 months, you only have solid evidence for the last 8 months.

To add spouse to application later, you need to put in writing that you wish to add Josephine Bloggs to your application and that Josephine Bloggs is your spouse. Can be done anytime after you apply but before a decision is made on your case. Is good to then also lodge a Form 80 from your spouse so that she signes all the necessary health and character statements.

Regards


Tony Coates
MARN 0635896

theorm

Tony, many thanks for your suggestions!
This is the way we will go with our application.

Regards,
Roman

makido

Hello,

I hope someone could give me the answer: what happens if I am married and they the DIAC doesn't believe that my marriage is genuine? My partner and I have been in a relationship for 5 years, but we are not living together since it is not a custom in my country. I have applied for a visa and we plan to add him in three months to my application.
What happens if the DIAC doesn't believe that my marriage is genuine? We have plenty of photos, joint bank account, he has the authorization for my bank savings account, we traveled together (stamps in our passports with the same date), phone calls records and we can get stat declarations from family and friend when we get married. Is this enough???
Thnaks in advance!

makido

P.S. We are going to get married in November or October.

makido

Thank you, Pollyana, a lot!

We won't have a wedding ceremony with family and friends in November when we get married, just two of us, marriage celebrant and marriage witnesses. Would it be OK with DIAC? It's because of the financial situation right now.
We just wanted to include him in my application at that time and to have a real party with family and friends next summer.