# Claimed "single" on entry Australia - Will my de-facto visa be invalid??



## kthann (Sep 28, 2011)

Hi everyone,

I've looked through alot of these forums but think this is a fresh topic, so I'm hoping someone can help me!

I'm from the US and my partner is Australian - we're applying for the Defacto visa and submitting our app a week from Friday - October 8. (My visa expires the 9th). Our travel / living situation has been quite complicated but we've spent a great deal of the last couple months getting all the necessary paperwork, documents, statements, etc and are pretty confident that we have sufficient proof. 

My concern is - we were speaking on the phone to a migration agent (we're doing the app ourselves, but were trying to set up a meeting to get everything checked) - and the first question that she asked was if I had put "de facto" as my relationship status for my application on my working holiday visa (which i'm on now)

At the time I put "single" because we weren't married or actually living together - My b/f had gone back to Australia - And the agent said the C.O. could claim we haven't officially been in a relationship this entire time because of that status, which is too late to change now.

Has anyone else had this issue? Do you think it will be enough to make my app invalid?? 

Any advice is greatly appreciated!


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## aussiegirl (Dec 15, 2009)

Well, an agent has more knowledge of these things than I do. However, if you explained in a statement exactly what you said i.e. that you considered at the time you weren't living together or married so you assumed that meant you were single, then it might not be such a big issue with DIAC.

Also, if you can show other evidence to suggest you were comitted to each other prior to the application, then this might enforce the point that you simply misunderstood the definition when you ticked the box.


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## kthann (Sep 28, 2011)

Thanks for your quick reply aussiegirl! I thought about mentioning it in the application, but then didn't know if I should leave it out so as not to draw attention to it ? But I think it would be worse if i didn't say anything and they brought it up, so maybe I will. 

I think have quite alot of proof that we were living together before that, and that we are living together now, so hopefully they wouldn't rule out our relationship over that detail. 

I noticed you're waiting on a partner visa too - Can i ask, are you using an agent or doing it yourself?


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## aussiegirl (Dec 15, 2009)

I found this forum over 2 and a half years ago and poured over it daily before we applied in May this year. We did it alone, since I was pretty confident that although we had some explaining to do (my husband was legally married when we met and started our relationship, and when we had our wedding ceremony), we tried to explain in our statements the background behind it all and how strongly we are comitted to each other. The statements from my family we also really supportive and well-written, so that helped a great deal too.

We were asked for the medicals less than a week after submission, which I think happens once they have assessed the relationship requirement. It's been over 4 months now, and we're still waiting. Medicals were assessed back in August, and the CO said then they hoped to grant the visa in another 4 to 5 months, which would make it Decemberish. I'm going silghtly insane with all the waiting, but I hope it comes soon.


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## kthann (Sep 28, 2011)

Yeah, I'm really grateful to have found this forum, lots of great tips for people like us who had no idea how much or how little to include - I don't think i could have put this application together without it. There's still alot up to one's own interpretation, i guess, but there doesn't seem to be one right or wrong way.. It seems the C.O.s all have a different preferred method..Anyway, I think the statements will definitely help alot as our situation is quite complicated too..

Your 4 month waiting period doesn't actually seem unusual.. when we were asking questions we were told it could take up to 9 at the moment! 
Yours seems positive though - best of luck to you


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## strawberry11 (Jul 28, 2011)

kthann said:


> Hi everyone,
> 
> I've looked through alot of these forums but think this is a fresh topic, so I'm hoping someone can help me!
> 
> ...


hi there,
im wondering did you mention your situation? because i have the same issue. thanks


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## Lisa84 (Nov 13, 2010)

strawberry11 said:


> hi there,
> im wondering did you mention your situation? because i have the same issue. thanks


If you haven't been living together at the time of the application, you weren't in a Defacto relationship (as per definition of immigration anyway).
The problem is the 12 month living requirement - how long ago did you apply for a working holiday visa? If it is less than 12 months ago, are you sure you meet the 12 month living requirement? They are very strict about that from my experience.

if you have been living together when you applied, just write a short cover letter and explain to them that you thought you had to put "single" as long as you are not married.


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## strawberry11 (Jul 28, 2011)

Lisa84 said:


> If you haven't been living together at the time of the application, you weren't in a Defacto relationship (as per definition of immigration anyway).
> The problem is the 12 month living requirement - how long ago did you apply for a working holiday visa? If it is less than 12 months ago, are you sure you meet the 12 month living requirement? They are very strict about that from my experience.
> 
> if you have been living together when you applied, just write a short cover letter and explain to them that you thought you had to put "single" as long as you are not married.


hi,
thanks for reply, i have been living together already over 12 months since last year. the thing is i filled the status on my previous visa "never married or de facto" only a few months ago. because i was thinking i have to register de facto relationship before tick that box . also i never thought to apply de facto application until i realise i need to make that application to stay in australia permanently with my bf.

by the time i apply i still living together and have solid evidences covering 12 months living together and etc.
now I'm afraid they will reject my application because previous visa status. =(


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## Lisa84 (Nov 13, 2010)

I don't think it should be a problem if you have enough evidence to support your application. Just explain in a cover letter that you did not know what DeFacto meant and ticked the wrong box.



strawberry11 said:


> hi,
> thanks for reply, i have been living together already over 12 months since last year. the thing is i filled the status on my previous visa "never married or de facto" only a few months ago. because i was thinking i have to register de facto relationship before tick that box . also i never thought to apply de facto application until i realise i need to make that application to stay in australia permanently with my bf.
> 
> by the time i apply i still living together and have solid evidences covering 12 months living together and etc.
> now I'm afraid they will reject my application because previous visa status. =(


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