# Defacto - 12 month living together requirement



## cjcherry (Mar 8, 2012)

Hey friends
I'm a frequent lurker and occasional poster, and I can't seem to find a consensus on this issue.

My partner and I have been together since October 2010, but only living together since November 2011, as we were in separate countries for most of 2011, and I've only been back in Australia since October 2011. Do we have to have been living together for 12 months, or is it sufficient that we've been living together since I returned, and have been together for 20 months?

Also, I heard the application fees are increasing in the new financial year, but can't find any information about this on the Immi website - anybody know what's up?

Cheers!


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## Adventuress (Jan 8, 2012)

Hi cjcherry,

This is the official infromation from page 18 of the Partner Migration Booklet (1127):



> *12-month relationship requirement for de facto partners*
> 
> About the 12-month relationship requirement for de facto partners
> 
> ...


I think that means 12 consecutive months before lodging.

As for the increased fee, the only thing I could find was this, from an external migration website:

NOTE: UNOFFICIAL INFORMATION


> Effective July 1, 2012, the Australian Department of Immigration and Citizenship (DIAC) will increase visa processing fees. The proposed fees were published on May 29, 2012.
> 
> Offshore Applications:
> 
> ...


However having searched high and low I can't find any official announcement of this elsewhere, not on immi.gov.au, not anywhere, so I don't know where they got their information from.


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## cjcherry (Mar 8, 2012)

yeah I've read the partner booklet up one side and down the other, but what you posted says the RELATIONSHIP must have continued for 12 months, not the co-habitation. Or is the co-habitation the definition of the relationship? I have a friend who applied and was living apart from her partner at the time, so they had not been living together for 12 months, which is why I am confused, however, she was offshore, while I am already here in Australia.


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## russellie (May 16, 2012)

Yes, you're right. Generally, co-habitation is the definition of the relationship. In Australia, a defacto relationship basically means living as if married. So supporting one another emotionally, physically, financially and yes, living together. So if you can prove that even though you did not live together, you were still sharing finances and acting as a married couple (and seperated only for work or study purposes) and generally accepted as a married couple by friends and family. Couples are expected to go through a period of "dating" prior to deciding to spent the rest of their lives together so decide when your defacto relationship began and work from there.

If you choose to start your defacto timeline prior to moving in together then it could be seen as a temporary separation. You will need to prove that you stayed in close contact during that temporary separation and still acted like you were married even though separated (so sending money to one another, making future plans etc).

Now there are exceptions to the rule but usually they either a) have children, b) have registered their relationship (which is seen in the eyes of the law as similar to marriage), c) have had heaps of evidence and were seperated due to work or study. 

Ultimately it is up to you. Nobody on this forum will stop you if you choose to apply for partner visa now. If you feel you have sufficient evidence then go for it.


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## Adventuress (Jan 8, 2012)

Yes, I agree entirely with russellie.

Cohabitation is _part_ of the definition of a de facto relationship:



> Family Members - Definitions
> 
> De facto partner
> 
> ...


To me that then implies that cohabitation must have been evident during the '12 months immediately preceding the date of application'.

But if you choose, you may note/argue that any period of separation you endured was only temporary.

Good luck, whatever you choose to do


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## myaccessaustralia (May 16, 2012)

Hi, I don't agree that you must have 12 months of co-habitation prior to lodgement of your application. I have put in applications for clients that have been successful where they have been in relationship that is 12 months or longer, but haven't lived together for 12 months for various reasons (usually work keeping people from living in the same country).

But, I generally only go down this path it if is clear that you n your partner will not be able to complete and evidence 12 months of co-habitation (e.g. your partner can't get a visa that will allow him or her to work, and he or she wants to keep working until they can obtain an Aus with work rights - or if your partner just can't get an Aus visa at all). If you can complete 12 months of co-habitation and evidence this, then you should obtain until you have gathered sufficient evidence/


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## cjcherry (Mar 8, 2012)

thanks for all the advice, guys. I would wait until we've been living together 12 months but my visa runs out before then, and I'm already on my second 6-month tourist visa, so we're probably out of options to renew. The time we were in separate countries was for work/study/visa reasons, and we have proof of being in touch actively during that time, making future plans, etc. While I am not on the lease currently, we've been in touch with the real estate folks about adding my name to the lease, so we can provide more "hard evidence" as to our present situation.


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## rhodered (Nov 18, 2012)

cjcherry,me and my fiance' have the SAME exact situaton as you,she [australian] is on her second tourist visa and we are having come down to the conclusion of just filing a PMV for me to live in australia with her for the 9 months,get married,and then apply for a visa for me to stay there. how are you doing with the visa process,and im also an american.


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## hongco1990 (Nov 25, 2012)

But you guys can register for a relationship (if your state law allows you to do so)? Registered relationship is seen as de facto, without the 12 months period fulfillment. Of course other aspects of relationship (emotionally, financially, etc) have to be satisfied


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## kais mummy (Nov 9, 2012)

Me and my partner had only been together a few months b4 I fell pregnant, and we was informe by an immigration lawyer that if we registered our relationship, it wavered the 12 month waiting period. It cost no more than $200. We then went on to apply for a partner visa, this cost $3000 (just under) and this was all


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## kais mummy (Nov 9, 2012)

Done within a few months. Fill it all out and send it off as quickly as possible and it won't take as long as stated. (Having a baby had nothing to do with the visa being granted as they did not know at the time as we was told it would make no difference to the visa processing time )


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