# De facto partner visa, long distance relationship?



## Jesse (Apr 9, 2008)

Hi everyone,
I've read a lot of the visa advice on these forums and my general impression was that my partner and I wouldn't have enough evidence for de facto, so we've been looking into prospective marriage. However I've talked to friends who know people who have got the de facto visa while in a long distance relationship, so I just wanted to post our situation here and get some opinions.

So my partner and I got together in November 2010 when I was living in France (where he is from). We spent a lot of time together as we were living on the same property, and after 2.5 months together I had to come back to Aus to continue my studies.

We stayed in contact via regular emails/phone calls and then in September 2011 I went back to France for 3.5 weeks to see him. Our relationship got a lot more serious at this point and became what I (but perhaps not the doi) would consider de facto. I met his family etc and we started to seriously plan how he could come here.

Over the next few months we talked very frequently via email/phone (though I don't know if I could prove phone as I was using a pre paid sim that had cheaper international calls). He then came here over Xmas 2011 for about 3.5 weeks and spent Xmas with me and my family.

Upon returning to France he got a computer, Internet and new phone so that we could communicate more frequently and cheaply. Since then we talk for hours every day by msgs or Skype (could all be proven).

I will be spending 4 weeks there in April and he will be coming here in between late June and early Sept for approx 2.5 months.

We have valid reasons for having to live apart - my studies in Aus and his job in France, and visit each other whenever we have holidays. He is a musician (does gigs etc but also has a permanent regular job teaching in a music school in France) so I don't think he applies for skilled immigration visa and he is too old for the working holiday visa.

Is there any chance we would be eligible for de facto if we applied in September (we would have spent 5 of the previous 12 months together at this point). I may also be able to go there for 2-3 months between Sept and Nov, which would push it up to about 7 months out of 12 if we did the application in November. Any opinions would be greatly appreciated, or any advice on other visa options I haven't thought of.

We have photos, evidence of flights, phone calls, msgs etc. when we are together we share financials but have no real proof of this, though we are planning on getting a joint bank account when he comes in July. Friends and family on both sides can provide letters etc.

It would be easier if we could find a solution without getting married but obviously we don't want to waste $2000 on a de facto application if it's certain to fail.

Thanks in advance for any advice


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## whatnext (Aug 3, 2011)

Hi Jesse

DIAC have become quite strict on the term "defacto". They prefer that a couple are living together and have done so for 12 months prior to applying. There are what they call exceptional circumstances but there is no clear definition on this. An example I have seen on this forum is a couple have the same permanent address but one partner has had to travel for a couple of months for work or family. I have also seen couples who have had to live in different countries for a couple of months but they strong financial commitment. 

The definition of "defacto" is a bit of a grey area but generally couples should be committed emotionally, socially, physically and financially.

Generally if you are lacking in one area but strong in the others it is ok.

Im not sure that your case would qualify as defacto because you don't live together and you are not financially committed.

Having said that each case is different and although the case officers have strict guidelines sometimes you hear of relationships that you may not think fit the bill but get the visa. I would say that is rare and maybe they didn't share all details on this forum. 

As you don't really meet the basics I would recommend looking into another option. Possibly a working holiday visa is your partner meets the requirements. 

This forum can only offer a bit of guidance and advice so it's important you do alot of research. 

There is a migration agent who gives general advice online. I can't post the link here but google for Grant Williams, migration agent and you should find his website.


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## Jesse (Apr 9, 2008)

Thanks for the reply, whatnext. I will email the migration agent.

In regards to fulfilling 3 of the 4 categories, would we be able to sufficiently strengthen the financial part of our application by opening a joint account that we both regularly deposit into and putting each other in our wills?

Also, if we applied for de facto and were knocked back and appealed the decision, would they then count the extra time between when the initial application was submitted and the appeal? Or if we were initially rejected for de facto could we then get married and appeal the same application without paying another 2000$?


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## whatnext (Aug 3, 2011)

You don't necessarily have to open a joint account. You could be added as secondary card holders to each others accounts. In your statement you can explain how the bills etc are shared or not shared. If you've paid for travel for each other you can show that on bank statements. You can add each other as beneficiaries on superannuation. You can do the same with wills if you have them. 

If your application is rejected you can appeal. This process can take 2 yrs. At the appeal they take into account your application at the time but generally after a couple of years if the couple are still together and have built a life together then most cases are granted. Be aware that until the visa is officially granted the applicant will remain on the bridging and whatever conditions that holds.

DIAC don't really do refunds or credits so if you apply for defacto, get rejected, appeal and then get married you either have to wait for the appeal or reapply for a spouse visa paying the full fee again.


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## Jesse (Apr 9, 2008)

Ok thanks, that's a good idea about secondary cards.

Also, regarding relationship registration, I live in Vic and from the website it seems both partners need to be residents of Vic for 12 months. However it also says that this can be considered on a case by case basis. If was here on a tourist visa and we could prove our relationship in other ways, would we have any chance of getting it registered in Vic?


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## RelationMaterial (Oct 11, 2013)

Hi Jesse,

What did you decide in your situation and how's it working for you? I am getting into a relationship with an overseas person but would like to know the best way to sponsor him and about others' experiences...

I'm based in Queensland

awaiting your reply ..

Cheers


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## CollegeGirl (Nov 10, 2012)

RelationMaterial, the only type of visas that really have a chance of working for people in an LDR are either the spouse visa or the prospective marriage visa (which requires marrying within nine months of approval). It's pretty impossible to get a de facto visa without living together. Partner visas are for people in spouse or spouse-like relationships.... not for people who are just dating.


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## tulauras (Sep 1, 2013)

If your partner is from a country where they can come on a WHV to Australia (and is under the age limit) that would be the easiest way to get them onshore to fulfil the living together requirement. The pitfalls include the three months farm work for a second WHV (which you may need to meet the 12 months requirement exactly) but other than that it's an absolute godsend for those who are eligible.

Good luck!


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## CollegeGirl (Nov 10, 2012)

And some countries have the "Work and Holiday Visa" rather than the "Working Holiday Visa" - countries who qualify for the first type cannot get a second year (this includes people from the US).


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## tulauras (Sep 1, 2013)

So if you could only get one year of WHV/W&HV, you'd need to combine it with some time on a tourist visa before or afterwards. It's annoying because you'd technically meet the one year requirement on your last day of your WHV, but it takes a couple of days for the BVA to come through.


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## ozzy (Jun 8, 2013)

As he is too old for the WHV i think your best option would be to get thr PMV. Even though you said you have spent 5 out of 12 months together it doesnt seem as though u were *living* together as obviously you have both gone home each time.


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