gemf

Hello Everyone, I have just been told about this website by a friend and I have already had a look through some of the messages. I was wondering if anyone could help me. I am english and my partner is Australian we have been in a relationship for 2 years now and are looking to apply for a defacto sponsered visa. However, we have heard from people that you have to be able to show that you have been living together for 12 months. Unfortunatley this has only just become possible as I had to move back to England to finish my masters degree, and before that we were both tied to contracts for were we lived. So basically has anyone been in this situation and should we apply now or wait for a year? We are just really confused as people are saying different things and the the immigration website states that co-habitation is not required....

Confused and worried
Gem

BKate

Hi Gem,

For a defacto visa you have to prove 12 month co-habitation see the link.

http://www.immi.gov.au/migration/fam...lationship.htm

The other visa is a prospective spouse where you don't have to prove 12 month co habitation see link.

http://www.immi.gov.au/migration/fam...e_marriage.htm

Good Luck

nmccallum

Hi

If you have a look at the links above - on the first one it states that -

'If you feel that there are circumstances that may warrant a waiver of the 12-month requirement, you should provide a statement with your application that outlines and explains the reasons for your request.'

So I presume by that it means that if you can prove that you were in a relationship - but were unable to live together - then you may be able to still get the visa.

However - I would imagine that it would have be really good proof and that there were absolutely no questions about the genuineness of the relationship.

If you are able to wait and live together, then you can spend the next 12 months gathering all the documentation that you need. I would say that would be easier and then you'll be guaranteed to get the visa. I'm not sure what would happen if you tried to apply without the living-together proof and were denied a visa.

Best of Luck!!

gemf

Thanks for the reply. This is really stressful, I am so glad that I have found people to talk to and just knowing that we are not alone makes it better.

We were in contact with a migration agent and he said that I should come over here on a working holiday visa and then apply. We did not realise about the importance of the 12 month cohibitation.

I was here on a year exchange when we met and I can get proof that I had to go back to England for my degree. My partner has copies of extensive phone bills (as it was cheaper for him to call) and he came to visit me and to meet my family, for a month over Christamas .....

Does anyone kow if this will be enough to prove that we have special circumstances?

Since I am here on a working holiday visa I have to change employment and it is important in my proffession to keep developing my skills, we just don't want it to ruin my chances of employment once we have got the visa.
So we would like to get it sorted, but we are willing to wait if we have too...

Gem

nmccallum

Hi Gem

Probably best to seek professional advice in this case!! Has the agent said anything about the special circumstances route?? Perhaps ask them - they should know more about it.

If you do decide to wait a while before applying - just make sure that both your names are on ALL the documents, ie - lease agreements, utility bills, house insurance -everything.

Having joint bank accounts is a also helpful. And then keep all travel itineraries where both your names are on them, gym memberships, all wedding invites - absolutely everything that shows you guys are together. Once you have those - you're sorted!!

Loads of people have been down this visa route and looking back it was rather simple - but at the time I thought I was going to have a nervous breakdown!! It'll be fine!

Good Luck!

gemf

Cheers,

We have already sorted out the names on the contract for our house and all the bills. Still to do the joint bank account! We have asked these questions to the migration agent but we havent had any reply... This site is much more useful.

Thanks for the advice!

Gem

BKate

I would of thought they'd have to be extremely 'special' circumstances to waiver the 12 month bit. Some good agents in Oz that are often mentioned on here are.

www.gomatilda.com
www.austimmigration.com.au

NIGENABBY

Hello

Just as an aside if you are on a Working Holiday Visa the work you do is supposed to be incidental to your stay, not an improvement of your career.

I don't mean to be gloomy, just something to be wary of for the future.

Good luck on your decisions and choices.