DE FACTO VISA

ellaq

Yeah, he had been living here for a few years on business visa. He had a defacto partner who had become a citizen and had child with her. The extra scrutiny came because while living in his defacto relationship he had not yet started divorce proceedings from his first wife. While he had not divorced her, she was not included on his businsess visa and he could prove that he was not in a relationship with her. Within 18 months of being granted his visa, he had an australian passport and headed back to europe with his new family where he now lives. He might retire here someday. He wasn't in defence, he was oil and gas.

mandrake04

I applied got my citizenship about 18 months after granted PR because I already had spent over 3 years on a WHV and 457.

The new rules is 4 years lawful residence of which 12 months as a PR.

ellaq

Sorry for the confusion. The 2 year exemption I meant was within the spouse visa. I had to wait 2 years for the final part of my spouse visa, where I had to prove that my relationship still existed before I was granted PR. Maybe it is different for the spouse visa with a citizen but my spouse had PR.

I am sure that the immigration department is used to dealing with arranged marriages. My friend did the Prospective Marriage Visa, she had a religious ceremony in her country and then a civil one in Australia. It wasn't an arranged marriage though but they hadn't known each other that long.

Zambia

A good piont by Mellor De-Facto really does stand for a relationship as opposed to a marriage.

But in most cases one preceeds the other these days.

Plus arranged marriages in some communities for the purposes of VISA's are not that uncommon. (No stats exist for such things).

universe777

Mellor wrote: »

I'm not sure that's true. A lot of people don't understand what De Facto actually is. De facto means by the fact. And is nothing to do with couples/partners etc.
A de facto partnership is one where the couple are living together as husband and wife, a domestic union. For all intents and purposes the law can view them as married even though they lack the paperwork. Immigration require that a couple be living together at least 12 months before they achieve this.
But a married couple is assessed differently. They aren't trying to prove their de facto status, by definition it doesn't apply to them. They are trying to prove that they are a legitmate couple, and not a free pass to a visa. Living together would obviously stand as a piece of evidence, but there are still some religious people out there who would never "live in sin". I don't think these people are required to be married 12 months before they apply. I think its pretty much a case by case basis.

Basically, just because they ask for something. Doesn't mean you can't get visa granted without it.

Edit: The 2 years is required for your own PR. I've heard of a few couples who kept up appearances to reach 2 years before breaking up.

Did you read what I wrote? It's exactly what you just repeated.
"Regardless of culture and arranged marriages etc you still have to prove to DIAC that you have been
living together with your other half (don't need to be married) for the previous 12 months, and have lots of proof to back it up."

The Sweeper

Mellor wrote: »

I always assumed you were a guy, have no idea why.

hussey wrote: »

Me too ... but I reckon because of the Mr Men Avatar

o_O

population

Ozeire wrote: »

No marraige cert isn't enough any more . I sent 4 yeras of records showing the two of us having been married having a child having a bank loan, credit cards together . Living together and all the bills that go with that and still they emailed back looking for a 2 month priod I had missed out with bank statement from end of 2008 .

Also had to get my 2 reference to give me copies of their birth certs and passports to prove they were Australian . A reference off a person we knew in Ireland for all of our relationship wouldn't do them .

There is no such thing as getting a PR visa in a few weeks any more . It takes all of the 6 - 8 months and possible more they say it does .

They way things are gone now i guess .

Did you do all this in Ireland?

Mellor

universe777 wrote: »

Did you read what I wrote? It's exactly what you just repeated.
"Regardless of culture and arranged marriages etc you still have to prove to DIAC that you have been
living together with your other half (don't need to be married) for the previous 12 months, and have lots of proof to back it up."

No it wasn't.
Check out the part I bolded, you said regardless of marraiges you need to living together 12 months. I was explaining the marraige and de facto are two different things.

universe777

Mellor wrote: »

No it wasn't.
Check out the part I bolded, you said regardless of marraiges you need to living together 12 months. I was explaining the marraige and de facto are two different things.

Not in terms of getting a visa to come to Australia it doesn't matter one bit whether you are married or not but the bottom line is to satisfy DIAC you must have lived with your partner (married or not) for the past 12 months before applying.
Have a read of the immigration website.

hussey

Universe that is not true, you might need to be in a relationship for that period - not live together, though those who don't live together usually go through more through process
from DIAC: Note: Generally, you should be living with your partner in a married or de facto relationship at the time you apply.
http://www.immi.gov.au/migrants/partners/partner/309-100/how-the-visa-works.htm

http://www.immi.gov.au/migrants/partners/partner/309-100/eligibility-defacto.htm
"You and your partner must have been in a de facto relationship for the entire 12 months immediately prior to lodging your application."
and a fact sheet about relationship
http://www.immi.gov.au/media/fact-sheets/35relationship.htm

Though there is also a prospective marriage visa
http://www.immi.gov.au/migrants/partners/prospective/300/

Mellor

universe777 wrote: »

Not in terms of getting a visa to come to Australia it doesn't matter one bit whether you are married or not but the bottom line is to satisfy DIAC you must have lived with your partner (married or not) for the past 12 months before applying.
Have a read of the immigration website.

I had explained in pretty simple terms why that wasn't true.
I don't see why you don't understand this.
As with everything living together helps, but it's not a requirement

universe777

Mellor wrote: »

I had explained in pretty simple terms why that wasn't true.
I don't see why you don't understand this.
As with everything living together helps, but it's not a requirement

Below is quoted from the eligibility criteria for 309/100 & 820/801 visas from the DIAC website.

"You and your partner must be living together or, if not, any separation must be only temporary."

Some more factual information you might want to read??
http://www.immi.gov.au/media/fact-sheets/35relationship.htm

It is a requirement, get over it! This is from personal experience and experience of others I know that did the same.
Giving out the wrong information helps nobody.

hussey

Living together (http://www.immi.gov.au/media/fact-sheets/35relationship.htm)

Living together is regarded as a common element in most on-going relationships. Partners who are currently not living together may be required to demonstrate a high level of proof that they are not living separately and apart on a permanent basis.
*************
Mod Okay enough of the back and forth between, we are going around in circles, between us all we have provided more than enough info - agreed, good ... moving on

Mellor

Was looking at some DeFacto information and came accross this.
Might be a help to PR or citizen visas.

Exemption of de facto partners who have registered their relationship from the twelve month relationship requirement
Link to the NSW site for registering.

What is the effect of registration?

Couples in registered relationships will be recognised as “de facto partners” for the purposes of most legislation in NSW.

I have a question myself regarding 457 Defacto.
Everyone appears to say that you should be living together for 6 months for the purposes of 457 visas. But is this in writing anywhere? Is it official or a rule of thumb.
Has anyone got approval with out it, say in a relationship 10 months, but living together 3.
Could the above registration apply?