Discuss De Facto "length of relationship" defined by? posted within the Australian Visas and Immigration Advice forum at Getting Down Under
24th April 2010, 01:43 AM #1
De Facto "length of relationship" defined by?
My partner and I (neither of us Australian PRs or citizens) are looking at what requirements need to be met to qualify as a "de facto" relationship. I am in living/working in australia on a 457, she lives overseas and is currently in Australia visiting me on an extended tourist visa.
Our main question is "what determines when the relationship began?" -- does this start from the first time we met? or the first time we went on a date? from the time that said we wanted to be together in a more serious/longer-term capacity?
- To give some background, we originally met in university almost 14yrs ago, where we had mutual romantic interest, but at that point just remained friends.
- We lived in different countries for about 9 years, but maintained occasional contact by email.
- A year ago (April 2009), we got back into touch by email and romantic interest sparked up.
- In August 2009, we met up in person (while I was on a business trip in the US) and it became clear that we wanted to be together.
- I returned to Australia from in Sept 2009, and we then maintained a distance relationship for 3 months.
- In Dec 2009, she came to Australia on a tourist visa, and we have been living together since then (approx 4months).
- She needs to return to the US at the beginning of May 2010.
As I mentioned, I am currently on a 457, but will soon be starting the application for a RSMS. If possible, it would be great to include her on it, but it obviously really depends on whether or not we can qualify as de facto? (we have been exclusive
I know we haven't been living together for 12-months, but we (in theory?) do meet the "OR do not live apart on a permanent basis" I've heard that people have succeeded in obtaining spousal visas based on de facto status even though they were living in different countries for periods of their relationship.
If we don't qualify as de facto, what other partner/relationship-based visas options could we explore, or what can/need to do in order to make her immigration to Australia a possibility.
24th April 2010, 03:00 AM #2
Re: De Facto "length of relationship" defined by?
It really depends on when your relationship became "spouse-like". It is fairly subjective and it depends a lot on the type of evidence you are able to supply. Have you considered getting married ?It would make things a lot simpler. The only way you can add your partner to your sc. 857 visa is if she is in Australia on a qualifying visa.
The alternative,once you have permanent residency, is to sponsor her on a partner visa. Below is some general info about the relationship requirements :
Certain people wishing to settle in Australia permanently are required to be in a relationship for at least one year before they can apply.
The one-year relationship requirement applies to people who are applying to settle in Australia as the de facto spouse or interdependent partner of an Australian sponsor.
The requirement applies to all such applications made overseas and in Australia.
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 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.
I have been in a de facto spouse relationship for 11 months. Do I still have to wait for another month before I can apply?
Although you may apply now, your application may not be approved, unless you are eligible for the requirement to be waived. You may choose to defer making an application until you and your partner can meet the one-year relationship requirement.
My partner and I met when we were travelling around the world and realise now that we want to remain together. Does our time travelling together count towards the one year requirement?
When a person applies for a partner visa and are not married to each other, they must be able to provide evidence that their relationship has been 'spouse-like' for at least 12 months prior to making the application.
If your relationship has been on a more casual basis – eg. you travelled together and shared accommodation, but you each had your own money, paid your own expenses and made no long term plans for your future until recently – you may not be able to meet the one-year relationship requirement.
You may need to establish your relationship for a longer basis before you make the decision to apply for partner migration.
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.
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