Partner Visa Application To Oz

[gburns57au]

Also from the Immigration Website.....

What is the relationship requirement?

Applicants seeking to demonstrate a de facto or interdependent 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 and

they live together (or do not live separately and apart on a permanent basis).

Living together

Living together is regarded as a common element in most on-going relationships and is one of the criteria prescribed in the Migration Regulations. 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.

What evidence is considered?

It is important that a couple claiming a de facto or interdependent relationship are able to provide evidence that their relationship is consistent with a 'spouse-like' relationship.

Some of the factors to be considered in deciding whether the partners satisfy the requirement include:

Knowledge of each other's personal circumstances

financial aspects of the relationship, joint financial commitments such as real estate or other assets and sharing day-to-day household expenses

the nature of the household, including living arrangements and joint care and responsibility for any children of the relationship

the social aspects of the relationship, provided in statements (statutory declarations) by friends and acquaintances and

the nature of the commitment, including duration of the relationship, how long the couple has been living together and whether they see the relationship as a long-term one

While some of these points of evidence are required for a spouse/fiancee visa, some are definately not, it is these areas where a lot of us would fall down on eligibilty for the defacto visa. Now I can agree that all of these points may not be needed to be proved in some applications, but where there are substantive gaps in the co habitation, then it is more than likely that more points of evidence will be needed to acquire the requested visa.

I am not arguing the fact that it is an option, my point is that most of us do not meet the eligibilty requirements at the extreme....if we cant meet those requirements then we risk being rejected which apart from the cost will make it harder then to acquire another form of visa. As I said it becomes a no choice option as the other options are by far the more likely to succeed...

[Mighty Mouse]

I am not arguing the fact that it is an option....................

I wasn't going to post again on my views but as you have now conceded the main point that I was trying to make in this thread, I'll offer you some suggestions regarding your last post.

You have used the words "co-habitation" in your posts and you may be confusing this with what is actually required by Immigration.

To 'co-habitate' is to live together in a place of abode. Immigration realise that this is impossible because two people, native of different countries, must abide by visa conditional restraints and therefore cannot co-habitate for extended periods.

In recognition of this, Immigration have provided some examples of how you can demonstrate your claim of living in a de facto relationship whilst being physically apart. (as opposed to co-habitating.)

Whilst some of their examples may not be part of every relationship, the following should be easy for most people to provide:

the social aspects of the relationship, provided in statements (statutory declarations) by friends and acquaintances and

the nature of the commitment, including duration of the relationship, how long the couple has been living together and whether they see the relationship as a long-term one

Immigration don't and can't determine when your de facto relationship commenced. it is up to you to provide this information together with your supporting proofs.

This is the important piece that must be covered in an application:

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.

Letters, emails, phone calls, transferring funds etc. are all part of the proofs and should be used to show the continuation of the de facto relationship during those periods of physical separation.

Your case officer will be able to follow and confirm your claims by reading this evidence.

This is why I always stress that every application needs an input of time and effort to ensure that you have a water tight case by providing all the necessary proofs according to DIMIA guidelines, plus additional proofs that you believe may better support your application.

There is no such thing as having too many proofs. More is better.

If your case isn't strong enough for the de facto category, then you may have to consider other options.

Only you will know the answer to that.