Higher Education Sector (Subclass 573) Visa

[dmbd]

Hi Everyone,

I've read quite a lot of discussions on this site and so far a lot of the information has been very informative, but theres still some queries that I have and it would be great to get some advise on the below.

Me and my girlfriend met in January 2008 recently after she finished her university studies in Bangkok. She has since worked for large international companies in Bangkok whilst I was completing my second degree. I was still a student so we decided that it would be easier if she came to Australia after I finished my other degree and was on a steady income again. From 2008 to 2010 I made many trips to thailand to see her and spend time with her.

We have quite a lot of documentation that we will be able to put together to support our application and our ongoing relationship. I have been to her home town on two occasions and met her family. We have 100's of photos and a ridiculously long history of phone calls, sms's (its actually quite scary how many), emails, postage receipts / envelopes etc. I have provided minor financial support and gave her an EFTPOS card that she used when she was low on cash or needed something in an emergency (I have bank statements just for this card - it was a separate account). We have always gone to stay at one hotel on one of the islands since we have been together and the lady there knows us very well and we keep in touch as a friend (would it be worthwhile getting a statement to say she knows we have been together for 3+ years?) The past year we decided that it would be better for me to sort out my finances, pay off any debt that I have and then save enough for her to come to Australia and then we can start fresh, which is what we have done. I now have no HECS debt or any major debts that I believe would hinder the application. Anyway, onto the application....

So now, we are just going through the process of figuring out what we should apply for. We are thinking that it would be a good idea for her to study a master degree here, during such time we would live together and make sure everything goes well before we take our relationship further. If everything goes well we would then apply for a different visa whilst she is here and potentially move things forward in our lives (I think she means marriage).

I have sent her enough money to put in her bank to fund one semester of studies and for a flight to Australia (approximately $11,000 AUD). After the first semester, I will be able to pay for the second semester. I have completed a statutory declaration stating that I am capable and will provide for all of her expenses and will providefull lodging for her whilst she is in Australia. I will ensure that she has the appropriate medical insurance for theduration of her stay in Australia. Iwill support her during her studies and ensure that she completes the courserequirements.

Now, when i look at the subclass 573 visa, one of the notes states that: "You must have:

• been accepted to study full-time in a registered course at an educational institution in Australia
• enough money to pay for travel, tuition and living expenses for yourself, your partner and your dependent children (whether or not they are accompanying you to Australia) for the duration of your stay in Australia
• adequate health insurance for the duration of your stay in Australia. "

I am concerned because of dot point #2, as we do not have enough money for her entire course fees at the time of application and we would pay these fees progressively and they will not be an issue. Does anyone have a way that we should address this in our application to make it easier to be approved? Is there any other options?

Some advise would be greatly appreciated.

This is incredibly overwhelming and has been a long time coming.

Thanks for your help

David and Emm

Edited August 13, 2011 by dmbd

[dmbd]

Further to the above, I guess another way to get around the finance issue may be to take out a loan for her studies and transfer the money to her and let her apply for the visa in Bangkok.

Some feedback would be appreciated.

[dmbd]

Anyone have had any experience with this? some help would really be appreciated.

[Misterwolf]

Cant help you with your particular visa but just curious as to why you wouldnt just apply for a defacto visa as it seems you would meet all the criteria and the financial requirements are a lot less onerous?

Good luck with whichever way you go.

[dmbd]

Cant help you with your particular visa but just curious as to why you wouldnt just apply for a defacto visa as it seems you would meet all the criteria and the financial requirements are a lot less onerous?

Good luck with whichever way you go.

Mate, we have actually thought about this but we won't satisfy the year or 6 month living together criteria, otherwise we would.

[bridge]

Cant help you with your particular visa but just curious as to why you wouldnt just apply for a defacto visa as it seems you would meet all the criteria and the financial requirements are a lot less onerous?

Good luck with whichever way you go.

Mate, we have actually thought about this but we won't satisfy the year or 6 month living together criteria, otherwise we would.

Given you circumstances I would consider a prospective marriage visa (s/c 300) over that of a student visa.

[Misterwolf]

Cant help you with your particular visa but just curious as to why you wouldnt just apply for a defacto visa as it seems you would meet all the criteria and the financial requirements are a lot less onerous?

Good luck with whichever way you go.

Mate, we have actually thought about this but we won't satisfy the year or 6 month living together criteria, otherwise we would.

You do not have to be living together for minimum 12 months but just have to be able to prove you have been in a relationship for at least 12 months.

You meet the minimum easily. Have another read of it.

The reason i am commenting on the defacto is that it is the visa we are going for next so am pretty much up to speed with the requirements.

[Misterwolf]

Probably easier to keep posting here than as PM's and may help someone else like yourself in the meantime.

This is whats applicable to you.

You and your partner must have been in a de facto relationship for the entire 12 months immediately prior to lodging your application.

You and your partner must show a mutual commitment to a shared life to the exclusion of all others. You and your partner must be living together or, if not, any separation must be only temporary. You must also have a genuine and continuing relationship with your partner.

Work or study in a different country are grounds for living separately so dont panic IMHO you will meet the criteria for this easily based on your post.

[bridge]

Probably easier to keep posting here than as PM's and may help someone else like yourself in the meantime.

This is whats applicable to you.

You and your partner must have been in a de facto relationship for the entire 12 months immediately prior to lodging your application.

You and your partner must show a mutual commitment to a shared life to the exclusion of all others. You and your partner must be living together or, if not, any separation must be only temporary. You must also have a genuine and continuing relationship with your partner.

Work or study in a different country are grounds for living separately so dont panic IMHO you will meet the criteria for this easily based on your post.

If living apart if may be very difficult to satisfy the criteria pursuant to reg 1.15A of the Migration Regulations:

http://www.austlii.edu.au/au/legis/cth/consol_reg/mr1994227/s1.15a.html

[Misterwolf]

Probably easier to keep posting here than as PM's and may help someone else like yourself in the meantime.

This is whats applicable to you.

You and your partner must have been in a de facto relationship for the entire 12 months immediately prior to lodging your application.

You and your partner must show a mutual commitment to a shared life to the exclusion of all others. You and your partner must be living together or, if not, any separation must be only temporary. You must also have a genuine and continuing relationship with your partner.

Work or study in a different country are grounds for living separately so dont panic IMHO you will meet the criteria for this easily based on your post.

If living apart if may be very difficult to satisfy the criteria pursuant to reg 1.15A of the Migration Regulations:

http://www.austlii.e...227/s1.15a.html

Dont really understand your point. What criteria is not being met?

My friend just got the defacto visa for his partner and his circumstances were not much different to the BM's.

As long as you have all the necessary documentation of the ongoing nature of the relationship being longer than 12 months and can meet the financial obligations necessary so your partner doesnt face the likelihood of applying for social security in Australia he should be fine.

As a worse case scenario if the financials are borderline i believe a monetary bond could be asked for.

Are you an agent?

[bridge]

Probably easier to keep posting here than as PM's and may help someone else like yourself in the meantime.

This is whats applicable to you.

You and your partner must have been in a de facto relationship for the entire 12 months immediately prior to lodging your application.

You and your partner must show a mutual commitment to a shared life to the exclusion of all others. You and your partner must be living together or, if not, any separation must be only temporary. You must also have a genuine and continuing relationship with your partner.

Work or study in a different country are grounds for living separately so dont panic IMHO you will meet the criteria for this easily based on your post.

If living apart if may be very difficult to satisfy the criteria pursuant to reg 1.15A of the Migration Regulations:

http://www.austlii.e...227/s1.15a.html

Dont really understand your point. What criteria is not being met?

My friend just got the defacto visa for his partner and his circumstances were not much different to the BM's.

As long as you have all the necessary documentation of the ongoing nature of the relationship being longer than 12 months and can meet the financial obligations necessary so your partner doesnt face the likelihood of applying for social security in Australia he should be fine.

As a worse case scenario if the financials are borderline i believe a monetary bond could be asked for.

Are you an agent?

Misterwolf,

There are two very different issues here but both must be satisfied for the successful grant of a partner visa. Firstly the sponsorship requirement and secondly the relationship requirement which involves evidencing a genuine, continuing, mutually exclusive commitment to a shared life together as husband and wife (whether it be de jure or de facto). An application can be refused if one does not satisfy the sponsorship requirements but satisfies the relationship requirement, and vice versa. To this extent both requirements are mutually exclusive.

The sponsorship requirements can be found by looking at regulation 1.20(2)© of the Migration Regulations 1994. In short a sponsor must be able to evidence that they have the ability to assist their partner during the two years after the grant of the temporary partner visa (for example if an offshore partner visa that would be a subclass 309). In assessing whether or not to approve a sponsorship undertaking DIAC will examine the sponsor’s circumstances to determine whether the sponsor has the ability to comply with their sponsorship obligations. If it is determined that sponsor does not, then the application may be refused. However, DIAC policy provides that the decision-maker must consider requesting an Assurance of Support from a third party before refusing an application. A sponsorship undertaking is different from evidencing a genuine relationship.

The relationship requirement can be found by looking at regulation 1.15A of the Migration Regulations. Whether the application is based on de facto or de jure it must evidence a genuine, continuing, mutually exclusive commitment to a shared life together as husband and wife. Regulation 1.15A sets out the relevant factors that DIAC considers in determining whether or not a genuine spousal relationship exists (note – it is my view that apart from the information contained in the 40SP and 47SP, the applicant and sponsors relationship statements are one of the most important supporting documents submitted with an application. A thoroughly prepared relationship statement would address the criteria found in regulation 1.15A.

For legally married couples there is no set length of time that they must have lived together. However relationships where the applicant and sponsor have lived together for a period of more than 6 months are more likely to be considered genuine by DIAC.

With regards to de facto relationships there is what’s known as the 12 month rule. Applicant and sponsor relying on de facto grounds must provide evidence that in the immediate 12 months before application they were in a mutually exclusive relationship and commitment to a shared life as husband and wife, the relationship is genuine and continuing and they do not live apart on a permanent basis. DIAC policy provides that unless establish compelling and compassionate circumstances exists the applicant and sponsor must have been living together for at least 12 months. Although living together does not require the couple to have been living together under the one roof for the 12 entire months, there should not be significant periods of separation. Unless there is a child to the relationship applicants should avoid lodging a spouse visa application based on a de facto relationship unless they have evidence of living together in a de facto relationship for at least 12 months before making the application.

I have referred to two important regulations under the Migration Regulations 1994, namely regulation 1.20(2)© and 1.15A. I have also referred to DIAC policy (how DIAC interpret the regulations). Any DIAC decision-maker will have a copy of the Procedures Advice Manual (PAM3) in front of them when assessing a visa application. PAMS3 is great resources but it is unfortunately only available to the public by subscription and unfortunately it is not cheap. Alternatively some local Australian libraries might subscribe to it where you can access it for free.

Bridge

[Misterwolf]

Isnt that what i said without all the technical jargon and references?

Once again i ask you, where in your opinion would there be a problem meeting the requirements for a defacto visa based on the original post by the BM?

He has stated that he has substantial and complete evidence of the ongoing and exclusive nature of the relationship and obviously has financial capability to be able to save and pay for a semester tuition upfront so financial support of his partner shouldnt be a problem.

If anything, i would eliminate any mention of the interest in uni till the visa was granted.

I dont profess to know it all just interested in others views.

[bridge]

Isnt that what i said without all the technical jargon and references?

Once again i ask you, where in your opinion would there be a problem meeting the requirements for a defacto visa based on the original post by the BM?

He has stated that he has substantial and complete evidence of the ongoing and exclusive nature of the relationship and obviously has financial capability to be able to save and pay for a semester tuition upfront so financial support of his partner shouldnt be a problem.

If anything, i would eliminate any mention of the interest in uni till the visa was granted.

I dont profess to know it all just interested in others views.

The Migration regulations, or as you put it 'technical jargon and references' are what DIAC actually use to assess whether an applicant and sponsor are in a de facto relationship. From what the OP has stated I don't disagree that they have been in a long term relationship, but are they in a de facto relationship as required by the Migration Regulations? I would say no they are not. Look again at post #5 of the OP "Mate, we have actually thought about this but we won't satisfy the year or 6 month living together criteria, otherwise we would". .

[Misterwolf]

Isnt that what i said without all the technical jargon and references?

Once again i ask you, where in your opinion would there be a problem meeting the requirements for a defacto visa based on the original post by the BM?

He has stated that he has substantial and complete evidence of the ongoing and exclusive nature of the relationship and obviously has financial capability to be able to save and pay for a semester tuition upfront so financial support of his partner shouldnt be a problem.

If anything, i would eliminate any mention of the interest in uni till the visa was granted.

I dont profess to know it all just interested in others views.

The Migration regulations, or as you put it 'technical jargon and references' are what DIAC actually use to assess whether an applicant and sponsor are in a de facto relationship. From what the OP has stated I don't disagree that they have been in a long term relationship, but are they in a de facto relationship as required by the Migration Regulations? I would say no they are not. Look again at post #5 of the OP "Mate, we have actually thought about this but we won't satisfy the year or 6 month living together criteria, otherwise we would". .

Seems we are going around in circles here.

You dont actually have to be living together under the one roof if you are obviously living/working/studying in separate countries.

The following is what you posted earlier:

DIAC policy provides that unless establish compelling and compassionate circumstances exists the applicant and sponsor must have been living together for at least 12 months.

The compelling and compassionate circumstances for not living together are employment/studying in separate countries -100%.

I have very good proof of this through a very good friend who was in an identical situation to the BM's. My friend lives in Sydney and went back to Thailand 2-3 times per year for periods of up to one month at a time yet was still granted the defacto visa as he had proof the relationship had gone back 3-4 years. He couldnt physically live in Thailand with his partner due to business interests in OZ.

Edited October 2, 2011 by Misterwolf

[gburns57au]

Perhaps Mr Wolf it may interest you to know that Bridge is a fully qualified, experienced and working migration agent who is well respected here.

[7by7]

Misterwolf, I assume that you are trying to help and mean well, but:-

I have very good proof of this through a very good friend who was in an identical situation to the BM's

Unless you know every single detail of your friend's circumstances and every single detail of the OP's; you cannot possible say that they are identical. They may very well be some particulars about your friend's circumstances which are the same as the OP's, but other's are probably totally different. Just because your friend was successful doesn't mean the OP will be.

The following is what you posted earlier:

DIAC policy provides that unless establish compelling and compassionate circumstances exists the applicant and sponsor must have been living together for at least 12 months.

The compelling and compassionate circumstances for not living together are employment/studying in separate countries -100%.

I don't know about Australia, but as far as the UK is concerned these circumstances would definitely not be considered compelling and compassionate. They, or ones similar, are the norm for the vast majority of applicants.

Those making the decisions on visa applications follow the rules, what you call technical jargon and references; best that applicants do, too.

[Misterwolf]

Perhaps Mr Wolf it may interest you to know that Bridge is a fully qualified, experienced and working migration agent who is well respected here.

Where have i questioned his competency?

I am just highlighting through personal experience and direct advice from the last case officer, to be eligible for the defacto visa for australia you do not necessarily have to be living under the one roof for the previous 12 months.

[7by7]

You do not have to be living together for minimum 12 months

to be eligible for the defacto visa for australia you do not necessarily have to be living under the one roof for the previous 12 months.

You've now added a very important word; necessarily. Not the same as your previous assertion.

I will now bow out and leave this to the experts on Australian immigration.

[Misterwolf]

Misterwolf, I assume that you are trying to help and mean well, but:-

I have very good proof of this through a very good friend who was in an identical situation to the BM's

Unless you know every single detail of your friend's circumstances and every single detail of the OP's; you cannot possible say that they are identical. They may very well be some particulars about your friend's circumstances which are the same as the OP's, but other's are probably totally different. Just because your friend was successful doesn't mean the OP will be.

The following is what you posted earlier:

DIAC policy provides that unless establish compelling and compassionate circumstances exists the applicant and sponsor must have been living together for at least 12 months.

The compelling and compassionate circumstances for not living together are employment/studying in separate countries -100%.

I don't know about Australia, but as far as the UK is concerned these circumstances would definitely not be considered compelling and compassionate. They, or ones similar, are the norm for the vast majority of applicants.

Those making the decisions on visa applications follow the rules, what you call technical jargon and references; best that applicants do, too.

I apologise that i used the word 'identical' as it should have been 'similar'.

I know every single detail of my friends application and in fact supported it with written evidence.I am basing my opinion on the OP's situation on the fact that he claims his relationship is genuine and he has all the documentation and proof.

NEVER had he lived with his TGF for either the 12 months before lodgement nor at any time over the course of the relationship.

The major point of difference between my friend and the OP is that his TGF had been to australia on two occasions on tourist visas.

As far as the compelling evidence for not living together for the last 12 months, i have been told by the Australian case officer that the fact that i work full time in Australia is compelling evidence and reason.

Why are you even mentioning the UK? You have any personal experience with Australia that you base your opinion on?

[7by7]

Why are you even mentioning the UK? You have any personal experience with Australia that you base your opinion on?

To use a similar situation to illustrate a point. I'd have thought that my beginning with the phrase I don't know about Australia would show most people how much I know about, and what experience I have of, Australian immigration!

My point applies to all countries; those making the decisions on visa applications follow the rules, what you call technical jargon and references; best that applicants do, too.

As said above, I will now bow out and leave this to the experts on Australian immigration.

[Misterwolf]

Why are you even mentioning the UK? You have any personal experience with Australia that you base your opinion on?

To use a similar situation to illustrate a point. I'd have thought that my beginning with the phrase I don't know about Australia would show most people how much I know about, and what experience I have of, Australian immigration!

My point applies to all countries; those making the decisions on visa applications follow the rules, what you call technical jargon and references; best that applicants do, too.

As said above, I will now bow out and leave this to the experts on Australian immigration.

I didnt mean to sound so dismissive of technical jargon and references just trying to translate them into lay mans terms for others to understand.

[bridge]

I have read back over the OP's post again and for the life of me I cannot see how they would be able to satisfy DIAC to the requisite degree that they are in a de facto relationship as prescribed by the Migration Regulations 1994. It is clear they are in a relationship together, but the application must satisfy the criteria set out in the Migration Regulations, not just some broad dictionary meaning of the words. DIAC will apply the circumstances of the applicant and sponsor to the regulations. If they fall short of the requirements that application will not be successful. Look at many of the published decisions on the Migration Review Tribunal website where exactly that has happened.

[Misterwolf]

I have read back over the OP's post again and for the life of me I cannot see how they would be able to satisfy DIAC to the requisite degree that they are in a de facto relationship as prescribed by the Migration Regulations 1994. It is clear they are in a relationship together, but the application must satisfy the criteria set out in the Migration Regulations, not just some broad dictionary meaning of the words. DIAC will apply the circumstances of the applicant and sponsor to the regulations. If they fall short of the requirements that application will not be successful. Look at many of the published decisions on the Migration Review Tribunal website where exactly that has happened.

Put aside all financial requirements for the sake of this exercise and presume there is ample evidence and documentation as to an ongoing relationship.

Simple question for you as i am curious as to what an expert believes is the case.

In your expert opinion, can you get a defacto oz visa for your partner if you have not lived together for the previous 12 months due to either work or study commitments in Australia?

[gburns57au]

http://www.immi.gov.au/media/fact-sheets/35relationship.htm

Read here for the current de facto relationships 12 month requirement

From the Immi site

[Misterwolf]

http://www.immi.gov....elationship.htm

Read here for the current de facto relationships 12 month requirement

From the Immi site

Cheers for confirming i wasnt talking crap.

And the following is certainly applicable to the OP.

My job in Australia does not allow me to travel to my partner's country to live there for extended periods. We have been in a relationship for 12 months but lived together for only eight months. Will I be eligible to sponsor my partner to Australia?

You may be eligible. It is recognised that it is possible for the parties to be physically apart for periods of time, due to work or travel commitments, yet committed to a shared life.

In assessing a relationship, a number of factors other than periods of physical cohabitation are taken into account.

[bridge]

I have read back over the OP's post again and for the life of me I cannot see how they would be able to satisfy DIAC to the requisite degree that they are in a de facto relationship as prescribed by the Migration Regulations 1994. It is clear they are in a relationship together, but the application must satisfy the criteria set out in the Migration Regulations, not just some broad dictionary meaning of the words. DIAC will apply the circumstances of the applicant and sponsor to the regulations. If they fall short of the requirements that application will not be successful. Look at many of the published decisions on the Migration Review Tribunal website where exactly that has happened.

Put aside all financial requirements for the sake of this exercise and presume there is ample evidence and documentation as to an ongoing relationship.

Simple question for you as i am curious as to what an expert believes is the case.

In your expert opinion, can you get a defacto oz visa for your partner if you have not lived together for the previous 12 months due to either work or study commitments in Australia?

If relying on de facto and you have not lived together for the previous twelve months I do not believe the application will be successful. Ultimately the individual facts of each case will determine the outcome. If there has been a long term relationship (and by relationship I mean as defined by the Migration Regulations) periods of separation will be okay. One needs to look at ALL of the requirements of the Migration regulations and what DIAC takes into account.

The financial aspects of the relationship, including:

• any joint ownership of real estate or other major assets; and
  
• any joint liabilities; and
  
• the extent of any pooling of financial resources, especially in relation to major financial commitments; and
  
• whether one person in the relationship owes any legal obligation in respect of the other; and
  
• the basis of any sharing of day-to-day household expenses; and
  

the nature of the household, including:

• any joint responsibility for the care and support of children; and
  
• the living arrangements of the persons; and
  
• any sharing of the responsibility for housework; and
  

the social aspects of the relationship, including:

• whether the persons represent themselves to other people as being married to each other; and
  
• the opinion of the persons' friends and acquaintances about the nature of the relationship; and
  
• any basis on which the persons plan and undertake joint social activities; and
  

the nature of the persons' commitment to each other, including:

• the duration of the relationship; and
  
• the length of time during which the persons have lived together; and
  
• the degree of companionship and emotional support that the persons draw from each other; and
  
• whether the persons see the relationship as a long-term one.
  

As I have previously stated, based on the information provided by the OP they would not satisfy the de facto relationship criteria.

[gburns57au]

Cheers for confirming i wasnt talking crap.

And the following is certainly applicable to the OP.

My job in Australia does not allow me to travel to my partner's country to live there for extended periods. We have been in a relationship for 12 months but lived together for only eight months. Will I be eligible to sponsor my partner to Australia?

You may be eligible. It is recognised that it is possible for the parties to be physically apart for periods of time, due to work or travel commitments, yet committed to a shared life.

In assessing a relationship, a number of factors other than periods of physical cohabitation are taken into account.

You are only reading what you want to read....try reading the whole thing.

"What is the relationship requirement?

Applicants seeking to demonstrate a de facto relationship with their partner must provide evidence that for the period covering at least the twelve months before the visa application is lodged:

•they had a mutual commitment to a shared life to the exclusion of all others•

the relationship between them is genuine and continuing

•they live together, or do not live separately and apart, on a permanent basis."

There are not many jobs in Oz that allow for living in or travelling to Thailand, so that is not reason for exemption from the above. You still need to satisfy the above criteria.

Edited October 3, 2011 by gburns57au

[gburns57au]

I apologise that i used the word 'identical' as it should have been 'similar'.

I know every single detail of my friends application and in fact supported it with written evidence.I am basing my opinion on the OP's situation on the fact that he claims his relationship is genuine and he has all the documentation and proof.

NEVER had he lived with his TGF for either the 12 months before lodgement nor at any time over the course of the relationship.

The major point of difference between my friend and the OP is that his TGF had been to australia on two occasions on tourist visas.

As far as the compelling evidence for not living together for the last 12 months, i have been told by the Australian case officer that the fact that i work full time in Australia is compelling evidence and reason.

Why are you even mentioning the UK? You have any personal experience with Australia that you base your opinion on?

How did you speak to a case officer? Have you been through this yourself?

It is unlikely a case officer would talk to someone not directly involved in an application.

[Misterwolf]

Cheers for confirming i wasnt talking crap.

And the following is certainly applicable to the OP.

My job in Australia does not allow me to travel to my partner's country to live there for extended periods. We have been in a relationship for 12 months but lived together for only eight months. Will I be eligible to sponsor my partner to Australia?

You may be eligible. It is recognised that it is possible for the parties to be physically apart for periods of time, due to work or travel commitments, yet committed to a shared life.

In assessing a relationship, a number of factors other than periods of physical cohabitation are taken into account.

You are only reading what you want to read....try reading the whole thing.

"What is the relationship requirement?

Applicants seeking to demonstrate a de facto relationship with their partner must provide evidence that for the period covering at least the twelve months before the visa application is lodged:

•they had a mutual commitment to a shared life to the exclusion of all others•

the relationship between them is genuine and continuing

•they live together, or do not live separately and apart, on a permanent basis."

There are not many jobs in Oz that allow for living in or travelling to Thailand, so that is not reason for exemption from the above. You still need to satisfy the above criteria.

Look i appreciate your links and info and agree to disagree.My earlier post was dealing with the specific question at issue direct from your link.

i am basing my view on a very good friend in Sydney having just received the defacto visa for his partner and he has spent no more than 3 months per year in thailand over the last 3-4 years. This is telling me its possible for relationships that have been ongoing for a longer period of time and that can be proven to be genuine.How do you explain the granting of this visa?My friend read everything exactly the same way as i did and i helped him with his visa application. Just for the record, he had one of those Pattaya based agents wanting 90000baht and advising him to get the spouse visa as he was never going to get the defacto one.Did everything himself with a bit of my help and bingo.

Me personally due to my relationship only being just over 12 months i have taken the route of 2 x 2 week trips to Thailand, 1 x 3month TV to OZ followed by a 6 month TV to OZ. Once this 6 month TV expires in November that will total about 10 months out of 14 months that we have actually lived together.

[Misterwolf]

I apologise that i used the word 'identical' as it should have been 'similar'.

I know every single detail of my friends application and in fact supported it with written evidence.I am basing my opinion on the OP's situation on the fact that he claims his relationship is genuine and he has all the documentation and proof.

NEVER had he lived with his TGF for either the 12 months before lodgement nor at any time over the course of the relationship.

The major point of difference between my friend and the OP is that his TGF had been to australia on two occasions on tourist visas.

As far as the compelling evidence for not living together for the last 12 months, i have been told by the Australian case officer that the fact that i work full time in Australia is compelling evidence and reason.

Why are you even mentioning the UK? You have any personal experience with Australia that you base your opinion on?

How did you speak to a case officer? Have you been through this yourself?

It is unlikely a case officer would talk to someone not directly involved in an application.

Spoke to the case officer when they called my partner once we applied for the 6 month TV. At the time of the call, i was in Thailand and asked my partner to pass me the phone. The lady on the other end was quite willing to talk to me and after i explained the situation to her, totally understood as to why we wanted a 6 month TV to assist us getting over the 12 month minimum relationship hurdle.

her only comment was that we needed to understand that we would not get any more TV's with which we agreed as we said as long as the relationship stays on track, we would apply for a defacto visa.