# the meaning of de facto relationship



## homeboy0312 (Jun 24, 2011)

hey guys,

thanks for all the good questions raised in this forum.

i was wondering if anybody could define de facto relationship? you see my case is this:

I've been with my partner for 3 years and 1 month and this is the time we've been exclusive to each other, but we've been only living together for 2 years as the rest of the time we were spending our time house hunting and was not able to find a place to live together for a whole year, but we have been seeing each other almost everyday and had travelled together during the year that we were apart and was committed to each other

I understand that if my partner and I have been in a de facto relationship together for more than 3 years on lodgement date, they can approve directly permanent residence (subclass 801/100). but since we spent such a long time looking for a place to set up our nest, is this still possible?

thank you all for your help in advance.


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## SarahM (Feb 8, 2011)

It is definately still possible to show that you were in a commited relationship before you actually started living together, especially if the time was spent looking for a house which demonstrates a shared financial commitment. 

Also if you can demonstrate that you still saw each other every day then that would probably be counted towards the 3 years, rather than a couple who had been communicating in separate countries.

I may be wrong !


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## homeboy0312 (Jun 24, 2011)

thanks for your reply SarahM.

we have plenty of communication during the time we were living apart with our parents... MSN and telephone conversation logs.. etc.. so i hope that could justify the parting during that year...

re the financial part - im a little worried too.. i am the australian in the case and my partner is the foreigner and is more financially capable, and is the one who paid for most stuff (including the house) and the house is in my partner's name and i'm living in it... although i have things sent to me at the address and definitely enough prove to show that we had lived together...
however, i'm just afraid its gonna look like my partner is kinda "paying me" to gain the visa to live in australia (*which is definitely not the case*) and is not "sharing" the finances... (it also looks like the australian is suppose to "sponsor" the applicant too...) anybody have any further advice on this?


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## julianne (Sep 23, 2010)

homeboy0312 said:


> thanks for your reply SarahM.
> 
> we have plenty of communication during the time we were living apart with our parents... MSN and telephone conversation logs.. etc.. so i hope that could justify the parting during that year...
> 
> ...


I wouldn't worry about your financial situation. I am in the same position with my boyfriend - I am the sponsor, he is the applicant and he the key breadwinner. We have joint savings and have provided evidence that we have ample savings to support our move to Australia. Think about it this way, most people in a defacto relationship or marriage don't split their income down the middle, it is shared. You will be fine


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## SarahM (Feb 8, 2011)

julianne said:


> I wouldn't worry about your financial situation. I am in the same position with my boyfriend - I am the sponsor, he is the applicant and he the key breadwinner. We have joint savings and have provided evidence that we have ample savings to support our move to Australia. Think about it this way, most people in a defacto relationship or marriage don't split their income down the middle, it is shared. You will be fine


Same sort of situation for myself - I'm the Australian and my partner is the foreigner, except that he doesn't have a job and I have paid for 80% of all expenses. It doesn't pose any problem being in these sorts of financial relationships, it's a good sign that one partner is willing to support the other because the other can't.


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## migrate2oz (Jul 29, 2010)

A good defination of De facto relationship is found here De facto relationships but for purposes of your visa application you may wish to refer to Australian Immigration Fact Sheet 35. One-Year Relationship Requirement

No two relationships are the same when it comes to financial arrangements - many relationships have only one breadwinner.


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## homeboy0312 (Jun 24, 2011)

thanks everybody, i feel better now!


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## miniature.moose (Jul 22, 2011)

Hi everyone,

I was hoping I could get some advice on the topic of "de facto requirements" which is more suitable to my personal situation. My partner and I have been in a committed relationship for over 4 years during which time we sometimes lived together and sometimes apart (as visas permitted). We have been living together in Germany (his native country) for a year and are hoping to start getting our partner visa sorted so that we can live together on a permanent basis in Australia (I am an Australian citizen). The one concern that I have about meeting the one-year de facto requirement is that we lived together with my partner's parents for the first four months while we looked for an apartment. Will the time we lived together with his parents still count, or will we have to wait another four months before we are eligible to apply? Will they take into account that we have lived together for extended periods on previous occasions as well? Your advice would be very much appreciated.

As a side note, I am also worried about my eligibility as a sponsor as I have been unable to work while in Germany due to visa restrictions and have been living from my savings. I am required to give proof of income for the past two years but as I mentioned, I have not worked in the past year and before that I was completing my studies and worked only on a casual basis. As a result, my earnings for the past two years are very low. I am trained as a sleep technologist and have worked full-time in that role previously. Would they accept a copy of my contract from that time as an indicator of my earning potential? Unfortunately my partner is doing an internship and only earns 1000 euros per month after tax. We both have some savings (he has around 10, 000 euros) and I have around AU $8000. I know that's nothing for two years but would they consider that sufficient to get set-up? My parents will happily provide us with accommodation until we can take care of ourselves. Any information regarding my eligibility as a sponsor would be appreciated. Thank you!!!!


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## SarahM (Feb 8, 2011)

Hi,



miniature.moose said:


> Will the time we lived together with his parents still count, or will we have to wait another four months before we are eligible to apply? Will they take into account that we have lived together for extended periods on previous occasions as well?


Yes yes yes . As long as you lived together for the whole 12 months it doesn't matter in whose house you were living. This I am sure of. I have been living with my partner in my mother's house for the past year, and I know so many who live with their partners and their parents or in shared accomodation.

A de facto relationship is one where you are commited to a life exclusively with your partner, it is a marriage-like relationship - how can living with your mum,dad, or friend change your relationship with your partner? It can't 

Of course, in the visa application you have to include statements detailing the history of your relationship, so you will be able to describe how you've been together since you met. If you live in the ACT, VIC or NSW you should consider regitering your relationship at BDM because it's just a good thing to have if you're not married, and also it means you don't have to wait the 12 months before lodging your application (it waives this requirement).



miniature.moose said:


> As a side note, I am also worried about my eligibility as a sponsor as I have been unable to work while in Germany due to visa restrictions and have been living from my savings. I am required to give proof of income for the past two years but as I mentioned, I have not worked in the past year and before that I was completing my studies and worked only on a casual basis. As a result, my earnings for the past two years are very low.


They ask you to provide proof of income yes, but that does not mean the visa will not be granted if you haven't earnt enough money. Immigration will ask you to provide an assurance of support (a friend or relative can do this for you) if they think you don't have the income, which means that someone who does have enough money can promise to support your partner financially if he needs it.

This has been discussed extensively on this thread:
http://www.australiaforum.com/visas-immigration/9997-prospective-visa-assurance-support.html

Also, please please please read the partner migration booklet with all the most important information about the partner visa:
http://www.immi.gov.au/allforms/booklets/1127.pdf

All the best


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## miniature.moose (Jul 22, 2011)

Thanks a lot for the fantastic advice, SarahM!! You've certainly put my mind at ease. My German visa expires in a couple of months and it would've been much harder to apply while apart from my partner. I have read the migration booklet, it's great that they provide something like that (getting information on visas in Germany is a nightmare in comparison) but I just read a definition of de facto yesterday that threw me a little. I think it was on the immi.gov.au website. Anyway, my fears have been alleviated thanks to your informative and helpful post. Thanks again! I'm already glad I signed up here.


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## SarahM (Feb 8, 2011)

You're very welcome, I was in the same position as you not long ago - worried and going crazy  I wish you all the best with the visa application, it's a little bit of work but it'll be worth it in the end 



miniature.moose said:


> Thanks a lot for the fantastic advice, SarahM!! You've certainly put my mind at ease. My German visa expires in a couple of months and it would've been much harder to apply while apart from my partner. I have read the migration booklet, it's great that they provide something like that (getting information on visas in Germany is a nightmare in comparison) but I just read a definition of de facto yesterday that threw me a little. I think it was on the immi.gov.au website. Anyway, my fears have been alleviated thanks to your informative and helpful post. Thanks again! I'm already glad I signed up here.


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## bern+etienne (Aug 22, 2011)

Hey there,

Despite reading up on the immi website and booklet definitions for term "de facto", I am still nervous about convincing evidence for our 3 yr relationship.

We feel confident that my partner will be able to get the temporary 309 visa, but the problem is, he really needs to start (and finish) his undergraduate degree... and we simply cannot afford to be paying international fees at an Oz uni (that come with not being a PR). Thus, trying for the subclass 100 visa is absolutely crucial. 

Basically, my partner and I have been together for 3 years, however, I can not say for sure at what point we were "de facto".. for example he lived in his own appartment for a few of months before moving in with me in my parents' home.

Although we were totally "exclusive", and have been serious and committed for 3 years, if de facto means living together, that only makes our de facto relationship 2.5yrs old. 

So 2 questions:
1) Is it best to wait to make the application once our living together = 3yrs, or is it possible to still convice the CO by way of stat decs, etc? 
2) If we can rely on stat decs, does it still sound unconvincing to say that our "de facto" status started only 3 months after meeting eachother?

Is anyone else in this position? 

Thanks so much!!!


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## homeboy0312 (Jun 24, 2011)

bern+etienne said:


> Hey there,
> 
> Despite reading up on the immi website and booklet definitions for term "de facto", I am still nervous about convincing evidence for our 3 yr relationship.
> 
> ...


Hi there,

My partner has applied since I last started this post and was given an interview. We were in a similar situation as you and the CO said she required solid evidence (such as bills, lease with both names, etc) of 3 years living together in order to be considered for the permanent visa. We were a bit disappointed but I guess we had no other choice. I also had a feeling it would depend on the CO.

It might be worth it to wait a little bit more if you can. We thought about waiting but I guess it didn't matter that much... they could easily review the rules and change this requirement to more than 3 years any time... after all it's just 2 years after the application was lodged you would be considered for second stage visa processing...

Hope this helps.


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## bern+etienne (Aug 22, 2011)

Thanks for that,

I think we will have to wait and apply onshore in Aus in December 2012. Its just imperative that he starts uni as a PR. but in order to follow me to Aus he will have to come on a working holiday visa for the first few months. Tough and risky I guess!

As you say, it depends on the CO, and of course there is risk that they change the rules and make it harder to get PR at any time.

Thanks again for your advice.. hope that the process goes well for you guys!!


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## tashla (Sep 16, 2011)

homeboy0312 said:


> re the financial part - im a little worried too.. i am the australian in the case and my partner is the foreigner and is more financially capable, and is the one who paid for most stuff (including the house) and the house is in my partner's name and i'm living in it... although i have things sent to me at the address and definitely enough prove to show that we had lived together...
> however, i'm just afraid its gonna look like my partner is kinda "paying me" to gain the visa to live in australia (*which is definitely not the case*) and is not "sharing" the finances... (it also looks like the australian is suppose to "sponsor" the applicant too...) anybody have any further advice on this?


I'm in a similar situation. My partner is Turkish so I came over to Turkey in June 2010 and was just on a three month tourist visa, so unable to work. I have since received a Turkish residency permit, but it still does not allow me to work plus my lack of ability to speak Turkish really limits any working possibilities. So basically, since June 2010 my partner has been supporting me. However, early on when I first arrived we did use some of my savings for expenses and I paid for a trip we took, so I've gone through all my bank statements and I've highlighted any contributions I've made to the finances and any cash withdrawals made in Turkey to show that I have contributed (even if it's not to the same extent of my partner). I'm sure you will be able to show your contributions to the finances and this shows sharing, right? No one ever said it had to be 50/50. In my mind, if one person is supporting the other it's shows commitment and dedication. I'm just hoping our case officer sees it the same way.


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