# defacto but not living together.



## fmikael (Sep 20, 2011)

I would like to know if you are able to reply to my queries, and if you can answer my question.

I do know that in order to apply for a defacto partner visa, we need to prove that we lived together for at least 12 months.

However, my partner was living in the Middle East for 2 years, and I was living in Dubai. We decided to keep our relationship long distance as
it was more convenient for us. I am a flight attendant, and he travels often and meets me at some destinations.

We both lived in company provided accommodation (so no proof of living together) and we met two to four times a month.

We were unable to open a joint account in Lebanon, UAE or Australia due to certain visa issues.

I was granted my Australian tourist visa based on invitations from his mother and family twice.

We have travelled together many times, and proof is airfare and hotel bookings.

I am wondering if there is any way I can know about my chances to apply as I know every relationship is unique and we had to live like this for the last 2 years and 9 month.

Any guidance will be appreciated!

Fmikael


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## miniature.moose (Jul 22, 2011)

I don't think you'd have any trouble demonstrating that the relationship is genuine and continuing, but the fact that you don't live together means that you will most likely be ineligible for the partner visa. You can waive the 12 month "living together" requirement by registering the relationship but I'm not sure if you have to be living together to register the relationship. I'm sure someone else on here is much better informed about this matter.


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## rywo (Sep 28, 2011)

I am in exactly the same boat. 

Money, employment and the fact we are still young means we have not been able to officially live together, but have been in a relationship for nearly 4 years.

I was wondering if we stand a chance of getting a de facto visa on a 457. Alternatively my partner could come with me on a 6 month tourist visa, then apply after 6 months or so of living together. Would this work and would a 6 month tourist visa be easily obtainable or is the reason, to live with me, not a valid one?


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## SarahM (Feb 8, 2011)

rywo said:


> I am in exactly the same boat.
> 
> Money, employment and the fact we are still young means we have not been able to officially live together, but have been in a relationship for nearly 4 years.
> 
> I was wondering if we stand a chance of getting a de facto visa on a 457. Alternatively my partner could come with me on a 6 month tourist visa, then apply after 6 months or so of living together. Would this work and would a 6 month tourist visa be easily obtainable or is the reason, to live with me, not a valid one?


You can apply for a de facto visa from any other substantive visa (not a bridging or protection visa), and the visa must also not have a "no further stay" condition.

You must meet the whole 12 month living requirement before applying. What about a working holiday visa? or a 12 month tourist visa?
Do you live in NSW? If so you can register the relationship and waive the 12 months requirement.


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## rywo (Sep 28, 2011)

12 month tourist visa may be difficult as doesn't it need justification? Also would we be able to switch in the middle of one visa onto another (say if an employment opportunity was a viable option?)

Also my girlfriend has a genetic condition which requires treatment every few months and medication.

I don't currently live in Australia, but I will be moving to WA. I should mention that the 457 is work sponsored.

After more research, consultation and pestering the HR woman in Australia it seems like the tourist visa is our only option as my partner has already used her WHV and doesn't have sufficient work evidence to qualify for year two.

As you can imagine there are limited options and it's pretty tough.


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## SarahM (Feb 8, 2011)

rywo said:


> 12 month tourist visa may be difficult as doesn't it need justification? Also would we be able to switch in the middle of one visa onto another (say if an employment opportunity was a viable option?)
> 
> Also my girlfriend has a genetic condition which requires treatment every few months and medication.
> 
> ...


A tourist visa can be used to visit family and friends, so the fact that your partner wants to spend time with you is justification enough, it's really not that complicated, though it's harder for people from high risk countries - where is your partner from? Still, I don't know why you're so hesitant towards the tourist visa, if anything it's annoying because of the work restrictions, but it's one of the least complicated visas to get.

If she wanted to switch to a 457 visa whilst on the tourist visa there's nothing stopping her from doing that, as long as there's no "no further stay" condition she can apply for another visa.

So you are an Australian living in the UK? Can she stay with you in the UK? Maybe you could do 6 months there and 6 months here.


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## rywo (Sep 28, 2011)

We are both from the UK and I am moving to Perth to continue my work. 

The thing is she has a medical condition which will require treatment, so this will be the next stumbling block. Also she will be leaving her job, friends and family to come with me, and if she can't stay after 6 months then it may be a big ask. Would have been easier for the de facto.

It is slowly dawning on me that we will need to go for the 6 month visa.

Under what circumstances are the no further stay conditions given?


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## SarahM (Feb 8, 2011)

rywo said:


> We are both from the UK and I am moving to Perth to continue my work.
> 
> The thing is she has a medical condition which will require treatment, so this will be the next stumbling block. Also she will be leaving her job, friends and family to come with me, and if she can't stay after 6 months then it may be a big ask. Would have been easier for the de facto.
> 
> ...


When you say that you are from the UK do you mean that you are also an Australian Permanent Resident or that you will soon be an PR?
My responses to your post were based on the assumption that you wanted to sponsor your partner on a defacto partner visa - the sponsor must be an Australian PR or citizen. 

A no further stay condition is not mandatory (except on certain visas, see here:
Australian Immigration Fact Sheet 52b. Waiving Visa Condition 8503 - "No Further Stay" )
, and no one really knows the what the chances of getting one is, but it probably has something to do with low/high risk countries.

*Wait* I think I understand your first post now. You want to come on a 457 visa, and then you want to sponsor your partner? In that case the problem is that the 457 is not a visa that gives you permanent resident status *but did you know* that you can add your partner as a secondary applicant on this visa?
http://www.immi.gov.au/skilled/skilled-workers/sbs/eligibility-family.htm


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## rywo (Sep 28, 2011)

> Wait I think I understand your first post now. You want to come on a 457 visa, and then you want to sponsor your partner? In that case the problem is that the 457 is not a visa that gives you permanent resident status but did you know that you can add your partner as a secondary applicant on this visa?


This was my intention all along but we need the 6-12 months living together in order to be qualified as de facto. HR said 6 months in Australia should be fine then she could be added.

I am not a PR or hold any citizenship there.


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## SarahM (Feb 8, 2011)

rywo said:


> This was my intention all along but we need the 6-12 months living together in order to be qualified as de facto. HR said 6 months in Australia should be fine then she could be added.
> 
> I am not a PR or hold any citizenship there.


Oh ok, so in order to qualify as a secondary applicant you neef to prove 6-12months co-habition. Maybe you have time before you come to Australia to co-habit in the UK? Then the rest can be made up with the tourist visa, and from a low risk country on a short tourist visa I wouldn't worry too much about a no further stay condition but it's not 100% guaranteed.


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## ell (Oct 30, 2013)

*WHV to defacto*

Hi guys,

I met my boyfriend in February this year, went back to the UK and then made the decision to come back on a working holiday visa in the hope I could get sponsored for a 457.

I returned here in August but am starting to get nervous that I don't have sponsorship yet. According to the de facto rules, we have to prove we have been in a relationship for 12 months prior to applying, which (by the time I have completed the rural obligation and been granted a further years visa), we will have been but we don't want to rush into moving in together so would rather leave it later in the year to do so.

If we have been living together for say, 9 months but been in a relationship for around 16 months, can we still apply for defacto or would it only be considered if we're actually living together for 12 months?

Thanks

Ella


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## CollegeGirl (Nov 10, 2012)

No, with few exceptions you don't really become de facto until you live together, combine your finances, etc. 

If you're not ready to move in together just because you're not sure your relationship is that serious yet, you're definitely not de facto. De facto couples are supposed to be just like married couples, just without the certificate. 

What state do you live in? It may be possible to waive the 12-month requirement by registering your relationship. If you don't live in a state that allows that, you will need to have lived together for 12 months.


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## ell (Oct 30, 2013)

Hi, it's not really a case of us not being in a fully committed and serious relationship or not being "sure". I just feel quite strongly that given I will have to be away for 3 months doing my agricultural work anyway, it would make sense for us to wait a bit longer before we move in together and commit to a lease. 

We live in QLD.

Thanks


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## CollegeGirl (Nov 10, 2012)

That's good news - QLD allows registration.  Registered relationships | Your rights, crime and the law | Queensland Government


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## ell (Oct 30, 2013)

Great so we should just register our relationship ASAP and do it that way?

Thanks so much for your help


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## CollegeGirl (Nov 10, 2012)

Yes, I'd register ASAP and then live together for several months before you apply. You definitely need the kind of evidence you can only really get through living together.


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