Toolz3101

My girlfriend and I are looking at applying for the partner visa 820 (801) and are trying to waive the 12 month defacto status as my current visa runs out at the end of September and she is an Australian citizen. We are registering our relationship with Queensland state as it states that the 12 month living together period can be waived under those circumstances. What we are trying to find out, without going to a lawyer, is how much time will be waived from the 12 month minimum as the footnotes on the immigration website do not state a timeframe? Thank you in advance.

Bermudashorts

Can you provide a bit more background? When did you meet, when did you start living together, what visa do you have now, where are you living now. September is a long way off, you might not need to seek any waiver.. but it is hard to say on such limited information.

Toolz3101

We are in Cairns, Queensland Australia and have been living together since the 1st of December, last month. I have changed my address, been put on the electricity, etc to add to the evidence we need.

I am on an English year working visa which runs out on the 27th of September when I entered Australia last year. Our worry is the visa states a 12 month together period which we will not have matched in September. The notes for the visa however do state the 12 month will be waived if we Register our relationship with the state (which we are about to get signed by a justice of the peace and set off for). It states it in the link below.

http://www.immi.gov.au/media/fact-sh...tionship.htm#d

I guess what I am trying to understand is what the minimum time a couple needs to be together is if they successfully register a relationship if the 12 month minimum is waived.

RURUS

Zero.

You still have to provide evidence that your relationship is exclusive, genuine and continuing.

Under policy, 6 months living together is taken as strong evidence that a relationship is genuine.

Happy NY

Toolz3101

Thanks for your replies. That has made me and my partner rather happy chappies. Happy New year :-)

Jilliebee

Can you apply for a second WHV - that would definitely give you the time required x

Bermudashorts

Well it was nice reading, but it is normally 12 months not 6 as you initially thought..

Pollyana

A regustered relationsh is treated as a marriage. IE you do not need to prove the 12 months living together which is normally required for a de facto Spouse Visa ( and it is 12 not 6, regardless of other misleading info posted here)

Once you have registered your relationship you can apply for the Spouse Visa, providing all the usual proof of relationship and other documents

See Page 18 http://www.immi.gov.au/allforms/booklets/1127.pdf

Pollyana

For a de facto visa 12 months is requried. For married/registered couples no time living together is required.

RURUS

The information was not misleading, unless it was misread. If the relationship is registered no period of 'living together' is required. In fact no period of living together is require for any de facto relationship. The requirement is 12 months in a de facto relationship.

The six months living together I mentioned went to the issue of whether a relationship is genuine. This is not conclusive and it is not necessary, but it is taken as 'strong evidence". I trust I have now made this clear enough.

Pollyana

That is a lot clearer, thank you. However I am sure you will agree that without exceptional circumstances such as religious reasons, one is expected to be able to prove 12 months cohabitation in order to gain a De Facto Visa, as per my earlier link to the Partner booklet.

RURUS

There is no requirement to prove cohabitation for 12 months, or any other period. The requirement is to be in a 'spousal relationship' for at least the 12 months immediately preceding a visa application. If a couple are not living together, they have to explain why and provide evidence of how they they have kept in touch during periods of separation. This applies to married, registered and other partner relationships.

Bermudashorts

Yes and the best way to prove that it is a genuine spousal relationship is to be living together. Because that is what spouses do. Otherwise it would need to be a pretty compelling case and not having lived together because the couple were dating and had just not got round to it isn't going to cut it.

Would you be prepared to stump up for the application fee if the OP was denied a visa on grounds of not having enough defacto evidence? If not, I think you should stop gambling with other people's money. I find your posts very irresponsible.

teza

Agreed

spouse of scouse

Yes, the immi website specifically states that "time spent dating does not count towards a de facto relationship".