# De Facto Partnership VISA - Registered Relationship Waiver



## Robert_Langdon (Jan 10, 2011)

Hello All! I have recently registered and love this forum! So helpful!

Looking for some advice - *has anybody heard of any applicants yet having success with using the Registered Relationship status to waive the requirements for the one-year relationship requirement?*

I.E: the clause copied and pasted frim Immi website below:

_The one-year relationship requirement does not apply if the applicant can establish that there are compelling and compassionate circumstances for the grant of the visa. For example:

* at the time of application of the partner visa, the de facto relationship was registered as a prescribed relationship in the relevant Australian state or territory legislation_

I am Australian and my girlfriend is German and we are looking to apply for a De Facto VISA onshore in Sydney. We have been together for 13 months but our relationship has only been what you would term 'de facto' for the last 6 months or so. We do not have the opportunity to wait around until our relationship continues over time and we have seen this clause (which I understand it to be quite new) -- but am curious as to whether it has used successfully yet?

Thankyou in advance for any assistance!
-Robert


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## coyle1983 (Mar 11, 2010)

post deleted


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## Furryball (Aug 23, 2010)

I don't know anyone who has actually used it yet but I know of people who intend to use it at a later date. One friend I know is lodging his application using his this weekend. He's been living with his partner for 6 months too. i'll keep you informed! 

I just had my certificate through this month and plan on using it within the next 6 months to lodge an application. It's my only chance so I will definitely be giving it a try no matter what!


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## Wanderer (Jun 16, 2007)

We certainly do not get everyone considering it posting on the forum but a few have and I did make one thread a sticky and one post re NSW, it being mentioned that it could be easier there - http://www.australiaforum.com/visas...istering-your-relationship-victoria-tips.html


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## peggytee (Feb 10, 2011)

Hi there 

My boyfriend and I have been living together for a total of 13 months but not continuously, since Sept 2008. In between we have had a year of separation. The last 7 months of this we have joint bank accounts and correspondence to prove a de facto relationship. 

I am planning on registering a relationship in NSW when I return to Oz in April of this year - and then submitting the certificate with his partner visa application in June. From the form, only one person needs to be resident in NSW, and only 3 types of ID for each person need to be submitted. I have a NSW drivers license, which is an accepted form of ID. 

Am hoping that the registered relationship certificate will waive the 12 month requirement for us, as we only have evidence of 7 months continuously living together, and even then it is not from the time of application (i.e. by the time he applies we would have lived apart for 3 months). 

Does it matter how old the certificate is? I.e. how long ago you registered the relationship? Our registration will only have been 2 months old when I submit it for the visa application.


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## DylanW (Jan 26, 2011)

Please let me know if anyone gets any response.
I have registered my relationship. been living with my partner since August 2010 and we have provided loads of evidence to my lawyer but he called yesterday to say we should try hold off for a few month before we submit...

I'm annoyed though cause I am on a 457 and having issues at work and I really would like to lodge but he is not confident of a positive outcome...


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## miss c (Feb 24, 2011)

Hey- we applied this way, as we've only been living together since September. We applied onshore in Melbourne, and the lady wasn't sure at first, so she went back to ask her boss. Came out after fifteen nailbiting minutes and told us all was fine  So yeah, if you can get the certificate from one of the states considered legal by the immigration dept, you're good to go.

ETA: At the time of application, we'd applied for registration two months back but the certificate had only been issued a bit over a month before.


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## DylanW (Jan 26, 2011)

miss c said:


> Hey- we applied this way, as we've only been living together since September. We applied onshore in Melbourne, and the lady wasn't sure at first, so she went back to ask her boss. Came out after fifteen nailbiting minutes and told us all was fine  So yeah, if you can get the certificate from one of the states considered legal by the immigration dept, you're good to go.
> 
> ETA: At the time of application, we'd applied for registration two months back but the certificate had only been issued a bit over a month before.


Hi there,

Are you talking about your registration or your visa application? I have already received my certificate but my concerns now are should I lodge my visa application now or in a few months.


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## miss c (Feb 24, 2011)

winikd said:


> Hi there,
> 
> Are you talking about your registration or your visa application? I have already received my certificate but my concerns now are should I lodge my visa application now or in a few months.


I'm talking about the visa application


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## DylanW (Jan 26, 2011)

miss c said:


> I'm talking about the visa application


Have you been assigned a case officer? and heard further feedback regarding your application?  thanks for the info


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## Furryball (Aug 23, 2010)

I would think that if you can wait a few months then it can't hurt, it'll only make your application stronger surely. I'm applying for mine after having the certificate and the defacto relationship after 6 and a half months. A friend of mine waited only 5 months and has already submitted his application 5 weeks ago. He doesn't have a case officer yet... will keep you all posted on his progress.


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## miss c (Feb 24, 2011)

winikd said:


> Have you been assigned a case officer? and heard further feedback regarding your application?  thanks for the info


No case officer yet- we applied January 17 (not that I have that memorised or anything) but either the Fed Police or Auspost messed up on us and took a month to send out my Fed Police check, so that didn't get in until late Feb. I have a friend who applied with her partner a month before us and they don't have one yet either. But we called up to double check and make sure all our documents were in and okay and they told us yup, our application was complete and fine and we were just waiting on a case officer to be assigned.


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## DylanW (Jan 26, 2011)

Furryball said:


> I would think that if you can wait a few months then it can't hurt, it'll only make your application stronger surely. I'm applying for mine after having the certificate and the defacto relationship after 6 and a half months. A friend of mine waited only 5 months and has already submitted his application 5 weeks ago. He doesn't have a case officer yet... will keep you all posted on his progress.


Thanks, I would appreciate it if u kept us up to date


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## DylanW (Jan 26, 2011)

miss c said:


> No case officer yet- we applied January 17 (not that I have that memorised or anything) but either the Fed Police or Auspost messed up on us and took a month to send out my Fed Police check, so that didn't get in until late Feb. I have a friend who applied with her partner a month before us and they don't have one yet either. But we called up to double check and make sure all our documents were in and okay and they told us yup, our application was complete and fine and we were just waiting on a case officer to be assigned.


Awesome, best of luck


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## Mic2608 (Feb 22, 2011)

I have been living with my boyfriend for the last 14 months but we only have 'hard evidence' of living together of the last 5 months (when I moved in with him in dec09 the lease and all bills remained in his name,then we travelled around Europe for a while,when we came back to Oz we stayed with friends for a couple of months and just rented a new place in BOTH names in November last year).

We registered our relationship as well (in NSW), just to be on the safe side.It was pretty straight forward, the usual 3 forms of ID (foreign passport etc all fine),proof of address and signing 2 stat decs confirming the relationship.We don't have the certificate yet but when I rang up a few days after I send everything away, they said it was fine and now we just have to wait those 28 days 'cooling off period'.The 28 days are up today so I hope to hear from them soon!

As soon as we get the certificate we're going to lodge the application!

I hope it doesn't matter how long before the lodgement the certificate is issued to still be a waiver for the 12 months period....


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## Wanderer (Jun 16, 2007)

In general terms.
Whilst a relationship registration waives the requirement for the full twelve months residing together there is still evidence of that residing together relationship required just as there is for a married couple.
It is a nominal period of six months as against the 12 months.

If it was any shorter, just like marriages of convenience, Immi will be be considering a relationship of convenience.

So have a read of Booklet#1 and see what type of information to have is still applicable but if you have that for a period exceeding six months and a relationship registration, waiting any longer is not really necessary and any solicitor/agent is just being on the cautious side.


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## DylanW (Jan 26, 2011)

Visa approved


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## zuks43 (Mar 2, 2011)

miss c said:


> Hey- we applied this way, as we've only been living together since September. We applied onshore in Melbourne, and the lady wasn't sure at first, so she went back to ask her boss. Came out after fifteen nailbiting minutes and told us all was fine  So yeah, if you can get the certificate from one of the states considered legal by the immigration dept, you're good to go.
> 
> ETA: At the time of application, we'd applied for registration two months back but the certificate had only been issued a bit over a month before.


Hi,

Has you Visa been granted? We have applied using the relationship certificate to get the 12 month period waived. We have got our phone interviews on Wednesday. 
Danny.


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## katrinaoxy (Jul 26, 2011)

*Relationship waiver defacto*

Hi there,

My boyfriend and I are looking to apply for a defacto visa. My boyfriend is an Australian Citzen and I am English. By the time we put in our application we would have been together for 11 months but we would only have proof to consider as living together as defacto for 5 months and 5 days. We have sent off for our certificate for registering our relationship already but worried that 5 months in defacto wont be enough even having registered our relationship in NSW to waive the 12 months living together.

You mentioned the nominal period of six months with evidence residing together. Is there any way we have a chance of getting our application approved.

Would love to get some feedback?
Thanks



Wanderer said:


> In general terms.
> Whilst a relationship registration waives the requirement for the full twelve months residing together there is still evidence of that residing together relationship required just as there is for a married couple.
> It is a nominal period of six months as against the 12 months.
> 
> ...


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## coyle1983 (Mar 11, 2010)

Hi Katrina, I had been living my GF for only 4 months or slightly less when we applied for our de-facto visa by using the relationship registration as a waiver and we got our visa application accepted in April this year so u guys should be fine by that logic


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## SarahM (Feb 8, 2011)

Hi,

Whether you have 3,4 or 5 months only of actual living together what will actually determine the grant of the visa is the evidence you can provide. The visa will not be refused if you have only lived 5 months with your partner *if* you can provide the appropriate evidence like every application should (described on pages 40 and 41 of the partner migration booklet):
http://www.immi.gov.au/allforms/booklets/1127.pdf

What I mean is, the amount of time living together doesn't imply an automatic refusal of the visa, but obviously someone who has only lived with their partner for 3 weeks would probably not have the evidence needed to prove a genuine relationship. The more time you have to gather evidence, the better.



katrinaoxy said:


> Hi there,
> 
> My boyfriend and I are looking to apply for a defacto visa. My boyfriend is an Australian Citzen and I am English. By the time we put in our application we would have been together for 11 months but we would only have proof to consider as living together as defacto for 5 months and 5 days. We have sent off for our certificate for registering our relationship already but worried that 5 months in defacto wont be enough even having registered our relationship in NSW to waive the 12 months living together.
> 
> ...


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## mna43713 (Jul 23, 2011)

Helo ma nawazish ali 4m pakistan & I want to get visa for job of electrical with saudi arab 5ev years exp. Pls giv me information about it 
Thx


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## katrinaoxy (Jul 26, 2011)

coyle1983 said:


> Hi Katrina, I had been living my GF for only 4 months or slightly less when we applied for our de-facto visa by using the relationship registration as a waiver and we got our visa application accepted in April this year so u guys should be fine by that logic


Thats great news, did you have all the requirements for living together even though it was about 4months such as having both names on lease etc and joint bank account? or was there any other compassionate reasons you had that help your application?

Cheers


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## vrinoz (Oct 13, 2011)

I will lodge my application after I got the relationship certificate probably next month 
That will make me and my partner been living together for 3-4 months 
Kinda scary for me but don't want to be apart from him...


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## superman89 (Jan 15, 2012)

Hi guys, been reading everyones post really useful
But i still had a doubt about my case not sure?

Ok I have been with my Gf who is sponsoring me for about 2 years. As a living couple we have been together for almost 5 months, last month hoping to waive the 12 months rule we certified our Relationship in the Court! How does that help? can we apply for the VISA right now? as to provide enough documents for the last 12 months we have the same bank account for over a year , would that be enough? Just wondering if we can already apply the Defacto visa now? I called the Hotline on Immigration they said, the 12 months period is a fundamental criteria! but if you have your relationship registered you may apply before hand as loong as you can prove why you werent together but the 12 months period will still apply?
she kind of confused me, So here I wonder what should i do? any suggestions?


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