de Facto spouse visa - advice needed!!!

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Old Feb 1st 2004, 3:19 pm
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Default de Facto spouse visa - advice needed!!!

Dear BEs!!!

I´ve already posted few times on the subject, but now i really need some advice myself (even maybe a pro suggestion on the subject).
Ok, don´t wanna bother with the story all the time, but i suppose it is neccessary to put it down in facts once more.
It will get a bit longwinded, but i still hope some of you will take the effort to get through that "mega-post" and maybe have some advice for me, i also do hope, that one of the pro´s would have their go and give me their opinion (give it a go or helpless case).


I´m German living in Germany, my boyfriend´s Australian, living in Australia. We know each other since nearly 3 years now (March 2001) and went in a serious relationship in May 2001, when i came over to Australia to spend time with him (3 1/2 weeks).

My b/f then decided to come over to Germany few months after, gave up his job and arrived in Oct. 2001. We lived together at my app. (no joint rent agreement, but a housekeeper who could state that). The idea was to find a job for him and then to see what happened. By that time it was clear, that he would go back for his bro´s wedding (he´d been best man) by the end of Aug. 2002.
When we went to the office to extend his visa (June 2002), we found out, that he got the wrong visa from the embassy in Australia and that he needed to registrate earlier on. End of story was, that they changed the visatype, he got the extension, i had to write a statement as sponsor and he got registrated with my address. Good, one might say, but those excellent official proofs aren´t showing the whole times on them, only from June on... (not Oct 2001 - Aug. 2002).
Anyway, he went back to Oz in the end of Aug. 2002 for the wedding preps (Best Man) and i went over from Sept - Oct 2002 ( ca. 6 weeks) to be with him, to join his bros wedding and to do a joint travel to visit his mum in QLD.

After that we didn´t see each other for quite a while, because of several circumstances (my dad died out of a sudden, serious problems at my work/closing down of business, which actually took until just now to get sorted out with redundancy and stuff, my b/f only has found work back in Australia by that time after had been unemployed for a while/no money, no way for him to go back to G.&find work, because of the german economy being on the rocks) but we always kept in touch via e-mail, posts, phone, textmessaging, netmeeting, etc.

I eventually got the ok from my boss for holidays in Sept. 2003 and went straight over to be with him again (3 weeks, no allowance for more...). We decided to try the other way round to be together for good and eventually.

Have asked an agent in Sydney for chances (in Sept. 2003), and told the story above, they assured me, that b/f and me would be eligible to get the visa on de facto spouse grounds and there wouldn´t be anything to worry about. Also, b/f rang the australian embassy and got that sort of answer.


But now after have been reading the posts regarding the spouse visa&their requirements i´m getting more and more concerned:

1. Meeting the requirement of 1 year cohabitation
Oz embassy and agent said, the requirement can also be met by addition of times spent together at the same address (that would mean, we would reach it). We have 3 1/2 weeks+10 months+6 weeks+3 weeks.
Worrying now, whether they are right with that statement or not???

2. Long periods of absence - how to put down at best?
There are two long periods of absence for me and b/f - but they had been of serious reasons and b/f and me agreed to get things (e.g. work & money) sorted first place and have always supported each other emotional. Question is, how to put down best ways that they don´t turn the whole case down

3. Regarding the post of Mairi&Chris - application in Berlin
The need of the joint registration form to keep a spouse visa application vital and get it granted is yet to be checked (couldn´t reach the Oz Embassy in Berlin on Frid.) - but anyway, a general question on all the other proofs: What is the value of StatDecs written by family&close friends (we do have 5 StatDecs each from family and close friends + 1 of my housekeeper), mail from family to both under 1 address, joint invitations, phonebills and lots of photos, pressies (e.g. a ring for bday, no engagement yet but sort of an unspoken promise)???

We decided to do the appl. on our own, because it looked so much straight forward but i´m not sure anymore whether our chances are high with doing so. Still hope,there is a way to do without but .... any advice would greatly be appreciated!!!!

Anyway, sry again for a somewhat looong post, hard for me to keep it simple sometimes and i´m getting very desperate the longer it takes ..

Thank you in advance again for lending me an ear and maybe having an answer on my case/quests

Kind regards,
Sonja
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Old Feb 1st 2004, 3:38 pm
  #2  
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Default Re: de Facto spouse visa - advice needed!!!

Originally posted by speissi
Dear BEs!!!

I´ve already posted few times on the subject, but now i really need some advice myself (even maybe a pro suggestion on the subject).
Ok, don´t wanna bother with the story all the time, but i suppose it is neccessary to put it down in facts once more.
It will get a bit longwinded, but i still hope some of you will take the effort to get through that "mega-post" and maybe have some advice for me, i also do hope, that one of the pro´s would have their go and give me their opinion (give it a go or helpless case).


I´m German living in Germany, my boyfriend´s Australian, living in Australia. We know each other since nearly 3 years now (March 2001) and went in a serious relationship in May 2001, when i came over to Australia to spend time with him (3 1/2 weeks).

My b/f then decided to come over to Germany few months after, gave up his job and arrived in Oct. 2001. We lived together at my app. (no joint rent agreement, but a housekeeper who could state that). The idea was to find a job for him and then to see what happened. By that time it was clear, that he would go back for his bro´s wedding (he´d been best man) by the end of Aug. 2002.
When we went to the office to extend his visa (June 2002), we found out, that he got the wrong visa from the embassy in Australia and that he needed to registrate earlier on. End of story was, that they changed the visatype, he got the extension, i had to write a statement as sponsor and he got registrated with my address. Good, one might say, but those excellent official proofs aren´t showing the whole times on them, only from June on... (not Oct 2001 - Aug. 2002).
Anyway, he went back to Oz in the end of Aug. 2002 for the wedding preps (Best Man) and i went over from Sept - Oct 2002 ( ca. 6 weeks) to be with him, to join his bros wedding and to do a joint travel to visit his mum in QLD.

After that we didn´t see each other for quite a while, because of several circumstances (my dad died out of a sudden, serious problems at my work/closing down of business, which actually took until just now to get sorted out with redundancy and stuff, my b/f only has found work back in Australia by that time after had been unemployed for a while/no money, no way for him to go back to G.&find work, because of the german economy being on the rocks) but we always kept in touch via e-mail, posts, phone, textmessaging, netmeeting, etc.

I eventually got the ok from my boss for holidays in Sept. 2003 and went straight over to be with him again (3 weeks, no allowance for more...). We decided to try the other way round to be together for good and eventually.

Have asked an agent in Sydney for chances (in Sept. 2003), and told the story above, they assured me, that b/f and me would be eligible to get the visa on de facto spouse grounds and there wouldn´t be anything to worry about. Also, b/f rang the australian embassy and got that sort of answer.


But now after have been reading the posts regarding the spouse visa&their requirements i´m getting more and more concerned:

1. Meeting the requirement of 1 year cohabitation
Oz embassy and agent said, the requirement can also be met by addition of times spent together at the same address (that would mean, we would reach it). We have 3 1/2 weeks+10 months+6 weeks+3 weeks.
Worrying now, whether they are right with that statement or not???

2. Long periods of absence - how to put down at best?
There are two long periods of absence for me and b/f - but they had been of serious reasons and b/f and me agreed to get things (e.g. work & money) sorted first place and have always supported each other emotional. Question is, how to put down best ways that they don´t turn the whole case down

3. Regarding the post of Mairi&Chris - application in Berlin
The need of the joint registration form to keep a spouse visa application vital and get it granted is yet to be checked (couldn´t reach the Oz Embassy in Berlin on Frid.) - but anyway, a general question on all the other proofs: What is the value of StatDecs written by family&close friends (we do have 5 StatDecs each from family and close friends + 1 of my housekeeper), mail from family to both under 1 address, joint invitations, phonebills and lots of photos, pressies (e.g. a ring for bday, no engagement yet but sort of an unspoken promise)???

We decided to do the appl. on our own, because it looked so much straight forward but i´m not sure anymore whether our chances are high with doing so. Still hope,there is a way to do without but .... any advice would greatly be appreciated!!!!

Anyway, sry again for a somewhat looong post, hard for me to keep it simple sometimes and i´m getting very desperate the longer it takes ..

Thank you in advance again for lending me an ear and maybe having an answer on my case/quests

Kind regards,
Sonja
Hi,

Goodness! I can try and answer to my knowledge some of it. Try this link it will help you with things to proof your relationship. http://www.australia.org.uk/VTI/FORM...rpretation.pdf
definitly worth getting as many Stat decs as possible from both countries family, friends, people who knew you lived together and know about your dad, it all helps to explain.
This is another good link about de facto visas http://www.iarc.asn.au/cis/pdf/cis04.pdf.

Hopefully someone else get help with the other questions. Hope that helps
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Old Feb 1st 2004, 3:40 pm
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Default Re: de Facto spouse visa - advice needed!!!

Originally posted by BKate
Hi,

Goodness! I can try and answer to my knowledge some of it. Try this link it will help you with things to proof your relationship. http://www.australia.org.uk/VTI/FORM...rpretation.pdf
definitly worth getting as many Stat decs as possible from both countries family, friends, people who knew you lived together and know about your dad, it all helps to explain.
This is another good link about de facto visas http://www.iarc.asn.au/cis/pdf/cis04.pdf.

Hopefully someone else get help with the other questions. Hope that helps
Just to add this explains the one year rule. http://www.immi.gov.au/facts/35relationship.htm
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Old Feb 1st 2004, 3:51 pm
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Default Re: de Facto spouse visa - advice needed!!!

Originally posted by BKate
Just to add this explains the one year rule. http://www.immi.gov.au/facts/35relationship.htm

Hello BKate,

many thanks to you for have taken the effort!!!
i know that´s hard stuff, the more i appreciated your answers!

Already went through the last of your links and it looks a little bit brighter now though not all happiness.

May i ask, what sort of visa you are going for? Or are you already on the "lucky" side?



P.S.:
Also hope for some answers to my other questions/worries!!
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Old Feb 1st 2004, 4:59 pm
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Default Re: de Facto spouse visa - advice needed!!!

Hi Speissi,

thanks for your reply to my post the other day. I wish I could answer some of your questions as I know how frustrating this can all be.

Just to let you know as I have come across a number of nasty complications I am now using an agent for just part of my application. I think I am using one of the better ones on here and he has agreed to charge me per hour as opposed to a fixed fee. He seems to think the area I am having trouble with will take him 1 - 2 hours to sort out for me so I think it will be money well spent.

Thought I'd let you know in case you want to do likewise. If you would like to know which agent I am using please send me a PM and I will let you know.

Keep your chin up, I'm sure it will all be fine!

Regards

ST
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Old Feb 1st 2004, 6:34 pm
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Default Re: de Facto spouse visa - advice needed!!!

Originally posted by swiss tony
Hi Speissi,

thanks for your reply to my post the other day. I wish I could answer some of your questions as I know how frustrating this can all be.

Just to let you know as I have come across a number of nasty complications I am now using an agent for just part of my application. I think I am using one of the better ones on here and he has agreed to charge me per hour as opposed to a fixed fee. He seems to think the area I am having trouble with will take him 1 - 2 hours to sort out for me so I think it will be money well spent.

Thought I'd let you know in case you want to do likewise. If you would like to know which agent I am using please send me a PM and I will let you know.

Keep your chin up, I'm sure it will all be fine!

Glad the links were useful, haven't applied yet prospective spouse visa later in the year but have been collecting as much info as possible just to be on the safe side! Alan Collett seems to be a good agent maybe you could email him and have an initial consultation, then he can say whether you have major issues or not. [email protected]

Hope it works out for you

ST
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Old Feb 1st 2004, 6:36 pm
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Default Re: de Facto spouse visa - advice needed!!!

Originally posted by BKate
That didn't work! Glad the links were useful, haven't applied yet later in the year for prospective spouse but am collecting as much info as possible just to be on the safe side. You can probably get some free initial advice from an agent try Alan Collett [email protected]. They can advise you on whether an agent would be necessary.

Good luck, let us know how it goes.
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Old Feb 1st 2004, 7:10 pm
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Default Re: de Facto spouse visa - advice needed!!!

Originally posted by speissi
Dear BEs!!!

I´ve already posted few times on the subject, but now i really need some advice myself (even maybe a pro suggestion on the subject).
Ok, don´t wanna bother with the story all the time, but i suppose it is neccessary to put it down in facts once more.
It will get a bit longwinded, but i still hope some of you will take the effort to get through that "mega-post" and maybe have some advice for me, i also do hope, that one of the pro´s would have their go and give me their opinion (give it a go or helpless case).


I´m German living in Germany, my boyfriend´s Australian, living in Australia. We know each other since nearly 3 years now (March 2001) and went in a serious relationship in May 2001, when i came over to Australia to spend time with him (3 1/2 weeks).

My b/f then decided to come over to Germany few months after, gave up his job and arrived in Oct. 2001. We lived together at my app. (no joint rent agreement, but a housekeeper who could state that). The idea was to find a job for him and then to see what happened. By that time it was clear, that he would go back for his bro´s wedding (he´d been best man) by the end of Aug. 2002.
When we went to the office to extend his visa (June 2002), we found out, that he got the wrong visa from the embassy in Australia and that he needed to registrate earlier on. End of story was, that they changed the visatype, he got the extension, i had to write a statement as sponsor and he got registrated with my address. Good, one might say, but those excellent official proofs aren´t showing the whole times on them, only from June on... (not Oct 2001 - Aug. 2002).
Anyway, he went back to Oz in the end of Aug. 2002 for the wedding preps (Best Man) and i went over from Sept - Oct 2002 ( ca. 6 weeks) to be with him, to join his bros wedding and to do a joint travel to visit his mum in QLD.

After that we didn´t see each other for quite a while, because of several circumstances (my dad died out of a sudden, serious problems at my work/closing down of business, which actually took until just now to get sorted out with redundancy and stuff, my b/f only has found work back in Australia by that time after had been unemployed for a while/no money, no way for him to go back to G.&find work, because of the german economy being on the rocks) but we always kept in touch via e-mail, posts, phone, textmessaging, netmeeting, etc.

I eventually got the ok from my boss for holidays in Sept. 2003 and went straight over to be with him again (3 weeks, no allowance for more...). We decided to try the other way round to be together for good and eventually.

Have asked an agent in Sydney for chances (in Sept. 2003), and told the story above, they assured me, that b/f and me would be eligible to get the visa on de facto spouse grounds and there wouldn´t be anything to worry about. Also, b/f rang the australian embassy and got that sort of answer.


But now after have been reading the posts regarding the spouse visa&their requirements i´m getting more and more concerned:

1. Meeting the requirement of 1 year cohabitation
Oz embassy and agent said, the requirement can also be met by addition of times spent together at the same address (that would mean, we would reach it). We have 3 1/2 weeks+10 months+6 weeks+3 weeks.
Worrying now, whether they are right with that statement or not???

2. Long periods of absence - how to put down at best?
There are two long periods of absence for me and b/f - but they had been of serious reasons and b/f and me agreed to get things (e.g. work & money) sorted first place and have always supported each other emotional. Question is, how to put down best ways that they don´t turn the whole case down

3. Regarding the post of Mairi&Chris - application in Berlin
The need of the joint registration form to keep a spouse visa application vital and get it granted is yet to be checked (couldn´t reach the Oz Embassy in Berlin on Frid.) - but anyway, a general question on all the other proofs: What is the value of StatDecs written by family&close friends (we do have 5 StatDecs each from family and close friends + 1 of my housekeeper), mail from family to both under 1 address, joint invitations, phonebills and lots of photos, pressies (e.g. a ring for bday, no engagement yet but sort of an unspoken promise)???

We decided to do the appl. on our own, because it looked so much straight forward but i´m not sure anymore whether our chances are high with doing so. Still hope,there is a way to do without but .... any advice would greatly be appreciated!!!!

Anyway, sry again for a somewhat looong post, hard for me to keep it simple sometimes and i´m getting very desperate the longer it takes ..

Thank you in advance again for lending me an ear and maybe having an answer on my case/quests

Kind regards,
Sonja
DIMIA take into account periods of absence if you can back it up with correspondence eg phone records and letters. There are good reasons for your periods apart so I doubt they will be a problem.

What you need is to get as much evidence together as possible to show the relationship was continuing over the period.

Good luck but your case looks solid to me.
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