# Defacto 12 month requirement



## kc1066 (Nov 19, 2012)

Hi all

Is there anyone who has had experience of applying for the defacto visa having not lived together for the full 12 months?

The reason I ask, is because we started living together on the 2nd Feb 2012 however my visa expires mid Jan 2013. The comment on the Immi website states this under commonly asked questions

_I have been in a de facto relationship for 11 months. Do I still have to wait for another month before I can apply?

Although you may apply now, your application may not be approved prior to the one year requirement unless you are eligible for the requirement to be waived. You may choose to defer making an application until you and your partner can meet the one-year relationship requirement.
_

So do you think I could apply just before my visa expires? Will I be classed as an illegal if I overstay even though I have sent in an application?

Thank you for your help


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## aoife12 (Nov 27, 2012)

Hey my situation is te exact same... My visa runs out July 4th and we have been living of either since July 25th there is a three week period..
Have you heard any more advice yet. ?? Be great to hear


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## Penguina (Sep 4, 2012)

Have either of you been in the relationship longer than 12 months?


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## aoife12 (Nov 27, 2012)

We have been in a relationship since July 6th so no npt 12 months!


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## Penguina (Sep 4, 2012)

Then you are not going to qualify for that visa unless you are married or have a child together. As the requirement is that you are in a de facto relationship is set at 1 year. A de facto relationship is like husband and wife without the marriage certificate and you need to demonstrate that you are much more then boyfriend / girlfriend. They look for your commitment in the relationship goes beyond travels, dinners, outings, gifts and dates. They look for things like Wills, superannuation beneficiaries, dependants on Tax forms etc.. They also look for the relationship being longer than 12 months unless there are the case of marriage or a child in the relationship.


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## AJ67 (Oct 23, 2012)

First of all - register your relationships asap in your state.
It waives the 12 month relationship as far as I understand.
Me and my partner registered in NSW in october to be on the safe side although we lived together for the full 12 months while I was with him on a 1 year tourist visa.
It cost 186 AUD and there is a cooling off period of 28 days until it´s registered + it takes a couple of weeks until you get the certificate in the mail.
You then get it copied and certified by a Justice of the peace.
Tuck the certificate away in a safe place and use the certified copy in your applications.
kc1066,I´d get straight onto registering if I were you.
aoife12,you have more time to prepare but it will look good to register now,I think.
I´ll leave the other questions for someone with more knowledge than me,but kc1066 you can´t stay illegally. Best of luck to both of you!


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## Penguina (Sep 4, 2012)

Each state has different rules on registering a relationship and this does not mean that you will get the visa and the Victoria website on the registering relationship for visa purpose even warns you that this does not mean that you will get the visa

- In Victoria both individuals must live in the state for 12 continuous months before you can apply to register for a relationship.


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## aoife12 (Nov 27, 2012)

Thanks for the reply guys! 

Ok I had my first meeting with a migration agent to see how strong my case is. 
We have lease evidence from July 25th . We have a joint bank acc and joint bills in our name.
We have so many tickets from concerts sports etc together. 
I have met his family quiet a bit have photos of all of us together. My I'm comes over in jan for few weeks so will have photos of the two families and us together. 
I have my Aunty here who is australian citizen were always over hers on a Sunday so many photos o us together and her and my uncle will be able to write a stat declaration same as my partners family. 

Will try register the relationship ASAP. Going to ring today to see about requirements for that. 
I have a decent enough job I that makes a difference I'm an analytical chemist and my partner has his own business in air con refrigiration mechanic. Not sure f the jobs come into play at all also have a degree a d a masters in science if they help at all. 

Thanks for the advice so far


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## aoife12 (Nov 27, 2012)

this is the information about registering a relationship in victoria that i got straight from the official site.
To register a domestic relationship, you and your partner must complete a domestic relationship registration form.

When applying to register a relationship you and your partner need to:

Complete the application in full. 
Submit all required proof of identity documents (see the application form or proof of identity page for more details). 
By mail: Submit certified photocopies of each document. See the proof of identity page for advice on how to get your photocopies certified. 
In person: Submit either original proof of identity documents or certified photocopies. 
Include the required payment or credit card details. 
Ensure your application is signed and witnessed accordingly. 
By law, it takes at least 28 days to register a domestic relationship from the date the Registry receives a complete and valid application. Incomplete or invalid applications can take longer to register or may be refused.

Who can register a domestic relationship?
You and your partner can register a domestic relationship if:

you are both 18 years of age or older and are in a registrable relationship 
you can both prove that you are ordinarily resident in Victoria, and 
neither of you is: 
married; or 
in a relationship that is already registered; or 
in another relationship that could be registered in Victoria. 


it does not state that we both need to have lived in victoria for 12 months prior. My partner has moved from New South Wales March 2012. we both currently live in victoria and have evidence of this in the way of lease, rego on car, drivers licence, my partner has his own business and that is registered in victoria now. 

so we have proof of living in victoria. We also have bills in both our names for victoria.

Has anyone any recent experience of trying to register a relationship in victoria?

many thanks


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## aoife12 (Nov 27, 2012)

ok just looked this up on the F.A.Q section on that site...

We haven't been living in Victoria for the last 12 months. When can we register our relationship?
To be eligible to register your relationship you must be ordinarily resident in Victoria. To establish this, we request that you provide evidence that both parties to the relationship have been living here for at least the last 12 months. However, each application is assessed on its merit.

hmm


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## Penguina (Sep 4, 2012)

Both partners need to be living in Victoria for 12 months, I tried to register my relationship with my SO.
Relationships FAQs - Births, Deaths & Marriages Victoria
"
We haven't been living in Victoria for the last 12 months. When can we register our relationship?
To be eligible to register your relationship you must be ordinarily resident in Victoria. To establish this, we request that you provide evidence that both parties to the relationship have been living here for at least the last 12 months. However, each application is assessed on its merit."

This is directly from the website.


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## aoife12 (Nov 27, 2012)

yea i just posted that there haha sorry only read it after! il ask my migration agent what his thoughts are maybe each case is assessd differently.


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## AJ67 (Oct 23, 2012)

Wonder why the states have such different rules regarding this...?
We registered down in Newcastle at the Birthregistry (they send the form to Sydney).
All we did was bring 3 different ID´s each,filled in the forms in front of an employee (lovely lady I might add!),pay the 186AUD.
No questions was asked.We told her I was on a visa and I had my visa-grant with me to show her.
My partner has lived in NSW all his life.Seems so much easier to register in NSW (thank God!) !


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## aoife12 (Nov 27, 2012)

my partner moved from NSW where he had been living for 11 years back to victoria in March 2012. So annoying just hurdle after hurdle..  just had a phone convo with the migration agent and he said its better to wait closer to visa expiry date as in my current 417 visa expires in july and he said to wait till March time to gether up more evidence etc and hes thinking i should apply off shore i.e in bali or thialand. 
my visa expires july 4th and we started our relationship quiet soon after arriving and our evidence with living together and bills start july 25th. So there is a three week gap...


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## Penguina (Sep 4, 2012)

AJ67 said:


> Wonder why the states have such different rules regarding this...?
> We registered down in Newcastle at the Birthregistry (they send the form to Sydney).
> All we did was bring 3 different ID´s each,filled in the forms in front of an employee (lovely lady I might add!),pay the 186AUD.
> No questions was asked.We told her I was on a visa and I had my visa-grant with me to show her.
> My partner has lived in NSW all his life.Seems so much easier to register in NSW (thank God!) !


This is a state or territory decision not a country decision that is made whether they even allow relationships to be registered.


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## AJ67 (Oct 23, 2012)

I guess it´s a bit early to get married? 
We plan to get married but I´m going for partner visa subclass 309,not Prospective Marriage Visa.No wedding date set yet for us.
Has your migration agent mentioned if marriage would be an option for you?


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## aoife12 (Nov 27, 2012)

to be honest way to early for that we do plan on it ,but not for at least 4 years


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## aoife12 (Nov 27, 2012)

sorry stupid question just trying to find the diffrence between the 309 visa and the 820 visa.. 

apparently im going to be applying for the 820 visa when the time is right?


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## AJ67 (Oct 23, 2012)

If you can apply onshore,yes I think so


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## aoife12 (Nov 27, 2012)

sorry im getting confused now haha you think so about??


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## AJ67 (Oct 23, 2012)

Lol...I think it´s the 820 you can apply for if you apply from Oz.
I had a "No further stay" on my visa and had to go back to Sweden to apply from offshore. Just passed midnight here in Sweden...maybe I´m too tired to give advice..haha


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## kc1066 (Nov 19, 2012)

Thank you all for your responses. 

I looked into registering the relationship. I am in NSW and it appears relatively easy here. However I am still legally married. I split from my husband a few years ago, but I am guessing this means i am not allowed to register? 

Thank you once again for your help. I was really hoping that because it was only 2 weeks in between my visa running out and me living with my partner I would be able to put my application in just prior to the visa running out.


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## aoife12 (Nov 27, 2012)

yea think my agent is saying to leave australia and head to bali ro somewhere like that and apply then for the visa so i persume its no longer the 820 if i apply offshore...

do you know if i apply offshore can i then enter australia on a briding visa whilst waiting for a decison on my application?


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## kc1066 (Nov 19, 2012)

Well that is the other problem. If we apply off shore I heard it can take months to get a decision. So you can spend a few months in no mans land really. 

It is hard knowing what to do for the best


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## Penguina (Sep 4, 2012)

aoife12 said:


> sorry stupid question just trying to find the diffrence between the 309 visa and the 820 visa..
> 
> apparently im going to be applying for the 820 visa when the time is right?


the 309/100 is the applying off shore

820/801 is for applying on shore (in Australia)

the 309 and 820 are the temporary residency and transfer to the other visa after 2 years as long as the relationship is still ongoing

100 and 801 are the permanent residency


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## Penguina (Sep 4, 2012)

kc1066 said:


> Well that is the other problem. If we apply off shore I heard it can take months to get a decision. So you can spend a few months in no mans land really.
> 
> It is hard knowing what to do for the best


It is very hard on deciding which the best for you and your SO.

I had to go with the 309 off shore as I needed to come home to the US as my grandmother was diagnosed with breast cancer and I wanted to make sure if things didn't go well that I was home to see her. I was also lucky that I am home as my 101 yr old great grandmother passed away on Nov. 11th and that I was home for that and to see her a few times before she passed away.

I have been in the US for the past 5 and a half months and only got to see my SO for two weeks when he came to visit.


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## aoife12 (Nov 27, 2012)

so your visa decision has taken 5 months so far?


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## aoife12 (Nov 27, 2012)

also with this " no further stay" is there this on the 417 visa?


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## AJ67 (Oct 23, 2012)

aoife12 said:


> also with this " no further stay" is there this on the 417 visa?


Check the e-mail you got when your visa was granted.
If you have a No further stay on your visa,it´s stated in that mail.
Otherwise consider yourself lucky!


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## kc1066 (Nov 19, 2012)

It was good you were in the US to be with your family. It sounds like it hasn't been very easy. 
If you apply off shore can you come to Australia on a visit? Or do you have to remain out of the country? 

Whilst my visa is expiring in Jan ( I would have stayed for the 3 months allowed), my actual visa doesn't expire until June. 
Alternatively could I leave, come back and then apply onshore. 

Sorry for all the questions!!


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## Penguina (Sep 4, 2012)

I applied in June, as a rush of applications were going in because of the price increase that was going to occur on July 1st. I did not apply then because of the rush. I applied then as I knew I was going to be following the time line of how it would be up to 5 months for an application to have a decision. It has been 5 months and I am just waiting on the final decision of my application and hopefully will hear in the next day or two.

I did not front load my medicals or police checks. I had been given mixed answers about getting the medical exams and police checks while I was waiting to hear from a CO wanting them and right before I heard I decided to make appointments for the fingerprinting and the medical exam. I have been waiting on the FBI background check to arrive and it has finally arrived.


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## Penguina (Sep 4, 2012)

kc1066 said:


> It was good you were in the US to be with your family. It sounds like it hasn't been very easy.
> If you apply off shore can you come to Australia on a visit? Or do you have to remain out of the country?
> 
> Whilst my visa is expiring in Jan ( I would have stayed for the 3 months allowed), my actual visa doesn't expire until June.
> ...


With coming to visit Australia - you can but you need to have a tourist visa and let the CO or the embassy that you apply to if you have not been assigned a CO yet know as your partner visa needs to be granted and placed electronically or by paper outside of Australia. If you apply inside of Australia you need to be inside Australia when the visa is granted and all travel needs to be discussed with a CO.

I traveled to Canada with my SO while I was waiting to hear from my CO so I let the embassy know that I was going to be out of the US since I didn't know if it was going to affect things.

I don't know how hard it is to leave and come back on a transition visa which would be granted while waiting for the onshore visa


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## AJ67 (Oct 23, 2012)

kc1066 said:


> Thank you all for your responses.
> 
> I looked into registering the relationship. I am in NSW and it appears relatively easy here. However I am still legally married. I split from my husband a few years ago, but I am guessing this means i am not allowed to register?
> 
> Thank you once again for your help. I was really hoping that because it was only 2 weeks in between my visa running out and me living with my partner I would be able to put my application in just prior to the visa running out.


Your situation is complicated because you´re still legally married so no,you can´t register relationship with your new partner.
To get a Partner Visa your aussie partner will be your sponsor aswell as partner but that can´t happen as long as you are married to someone else.You need to divorce your present husband.
I´m not familiar with details in a situation like that but my advice would be to get divorced in the first place.Talk to a migration agent for advice.
Or search the forum for others in your situation.
It sucks being apart from your partner!  I left my partner 4½ weeks ago and I´m still waiting for the relationship certificate THEN I´ll lodge my application in Berlin.The timeline there is 9 months at the moment. 
Just the thought of being away that long is awful...but heaps of people here on the forum is in similar situation.Atleast we can support each other


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## Penguina (Sep 4, 2012)

kc1066 said:


> Thank you all for your responses.
> 
> I looked into registering the relationship. I am in NSW and it appears relatively easy here. However I am still legally married. I split from my husband a few years ago, but I am guessing this means i am not allowed to register?
> 
> Thank you once again for your help. I was really hoping that because it was only 2 weeks in between my visa running out and me living with my partner I would be able to put my application in just prior to the visa running out.


As you are legally married to someone you can not apply for a de facto visa until you are divorced. The application will be denied immediately if you are married to someone other then the person you say is your partner.

In the application you need to supply the divorce documents if you were ever married and as you are still married it will not be granted.


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## aoife12 (Nov 27, 2012)

my options are either apply for the 820 onshore just as my current visa 417 expires around the 4 july 2013. Me and my partner by then will have been living together with proof from july 25th. which is a 3 week difference. 

or go offshore on July 4th and apply for the 309 visa off shore and wait the 12 months and apply then ...

the problem is the wait time , is the wait time a lot more offshore? does it depend on where abouts offshore you apply? am i better to take my chances and apply onshore for the 820 and sublit before the 12 month requirment by 3 weeks.

any one had any experience in this?

cheers


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## kc1066 (Nov 19, 2012)

Yes I believe you can still apply for a defacto whilst still married. I found this information on the forum. 
If you can prove you are separated from your husband/wife, then you can still apply. 
http://www.australiaforum.com/visas-immigration/3323-de-facto-partner-visa-while-still-married-clearing-up-confusion.html

Aoife - I found this too, which might mean good news  
http://www.australiaforum.com/visas-immigration/17084-de-facto-820-a.html


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## aoife12 (Nov 27, 2012)

thanks for that link i really appreciate it! me and my partner have only been in a relationship since july 5th. so circumstances a bit different but none the less really good to hear that they applied at 11 months of living together and they got it... my migration agent seems quiet positive about it but why wouldnt he be??haha he wants the mula... not 100% sure if im even defo going to use one


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## Penguina (Sep 4, 2012)

Aoife12 where are you from? - some countries are able to do a second yr WHV if the requirements are met for doing a certain amount of work on a farm.


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## aoife12 (Nov 27, 2012)

yea im from irealnd... i know that I could apply for a 2 WHV except time wise my current job is a 6 month contract till April 15th so I would not have enough time to complete the required 88 days of farm work also the fact that my partner and me would be seperated for that time.. 

I am trying every avenue possible before resorting to farm work for the 2 WHV... i know i could finish up my current job a week or two earlier to allow for the required 88 days however I really really dont want to do this.


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## Penguina (Sep 4, 2012)

It may be the cheaper option so you can meet the requirement for the de facto visa after the 2nd yr WHV without having to worry about being denied the de facto relationship visa and being able to apply while on the 2nd yr WHV.


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## aoife12 (Nov 27, 2012)

i know but fruit picking or farm working for 88 days is tough work and time constrstraits with my current job contract and around april time trying to get a farm job is near impossible looking at the complete end of season.... i dont know if its fesible. Im trying to asses all my options. Wether to apply offshore and wait the 3 weeks..


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## kc1066 (Nov 19, 2012)

A bit of good news. 

I just spoke to Immi and they said it would be okay to lodge my application just short of the 12 months for 2 reasons

1) They do have a bit of flexibility and being as it is only 2 weeks this will be okay
2) By the time a case officer looks at the case we would be into the 12 months anyway

I also asked her to confirm that my still being legally married would not be a big problem and she said it no, as long as I can prove I am separated from him. So being as I am applying for divorce now she said I could send a copy of my divorce petition. 

I must add she was very helpful. So Aoife I hope this helps you too and puts your mind at rest a little


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## aoife12 (Nov 27, 2012)

I might try ring them tmrw did you just Ring the 131 881 number and explain your situation? That's great news I thought they wouldn't be looking at the case till a few weeks anyway! 

Thanks for passing the information on


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## kc1066 (Nov 19, 2012)

Yes that's the number I rung and don't go through to the recorded messages, press 0 to speak to someone. I made a mistake the first time. They take ages too, just to warn you. 

She was very helpful and didn't seem at all bothered that it would not be the full 12 months. But I'm still wary as she isn't the case officer. But I took her name and apparently all calls are recorded. 
I am making a note of the date and time etc and will include it in the app to explain why I am applying 2 weeks prior to the 12 months. 

Yours is only 3 weeks isn't it? I would be interested to hear the response you get too. See if they match up!! 

Let me know how you go


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## aoife12 (Nov 27, 2012)

Yeah good idea keeping record. It's all a paper trail! 
Yea will be ringing first thing in the morning and let you know what they say. Yea mine is 3 weeks to the date!


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## aoife12 (Nov 27, 2012)

So just rang immigration the answer I got was the 12month requirments is there for a reason and you need to meet it prior to lodging the application so on that basis the application could be refused.the guy I got was not very helpful said there is nothing stopping you applying but it could get refused as it does not met the 12month requirment...


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## kc1066 (Nov 19, 2012)

Oh that doesn't sound good does it. 
I think I will apply anyway and put it my application what i was told by Immi. It is only 2 weeks, so by the time someone even picks it up the 12 months would have passed. I guess it all depends on the case officer.

Did he say it *would* get refused or *could* get refused?


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## aoife12 (Nov 27, 2012)

i said that to him about when the case officer looks at the case it would be past the 12 month requirment but the date that counts is when you *lodge* the application, that was his response. 
he said it could get refused as its not meeting the 12 month requirment that is required at the time of lodgement.


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## Penguina (Sep 4, 2012)

You need to have 12 months from the date it is lodged which is if the application is accepted is on the grant notice.

The people on the phones are not case officers as I tried calling one when I was in the US for help about addressing the original application, as nice as the woman was she was not very helpful with the information that I was trying to find out.


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## aoife12 (Nov 27, 2012)

this might sound stupid but is there any way of getting in touch with a CO just to clarify a few things?


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## Penguina (Sep 4, 2012)

Sorry, I don't know of a way to contact an Immigration Officer (as they do not call themselves CO or even introduce themselves as that) as the one that was assigned my visa was working on over 200 other applications.


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## aoife12 (Nov 27, 2012)

grand thanks i think i have contact details of one  thanks


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## Franconian (Sep 20, 2012)

Does the de facto relationship registration waive the 12-month requirement for sure? 
My case is as follows:
We have been together since October 2011, travelled together around Southeast Asia from November until February 2011. Then I went to Oz on a 417 WHV. My partner joined me on a Tourist Visa from March to May 2011 then she had to leave due to 8503 condition. 
She re-applied for a Tourist Visa and came back from 1st August to 1st November 2011. 
Unfortunately her 3rd Tourist Visa application was refused. 
We registered our relationship in NSW, can proof our relationship with joint bank accounts, both names on the lease and electricity bills. 

It would not be a direct partner application, I would include her to my 190 permanent residency application as partner.


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## Penguina (Sep 4, 2012)

Franconian said:


> Does the de facto relationship registration waive the 12-month requirement for sure?
> My case is as follows:
> We have been together since October 2011, travelled together around Southeast Asia from November until February 2011. Then I went to Oz on a 417 WHV. My partner joined me on a Tourist Visa from March to May 2011 then she had to leave due to 8503 condition.
> She re-applied for a Tourist Visa and came back from 1st August to 1st November 2011.
> ...


No the de facto relationship being registered does not waive the 12 month requirement, sometimes it can just help prove the relationship is genuine. As you are using a different type of visa, I suggest calling the immigration office and asking about that visa as this is different then the visas described in earlier in the posts.


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## Franconian (Sep 20, 2012)

I understand the de facto relationship registration waives the 12 month requirement. Of course the relationship has to be proofed as being genuine. 

According DIAC website:

Waivers

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:

in the case of a de facto partner relationship where there is a child from the relationship

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

in the case of a same-sex de facto relationship, where cohabitation was contrary to law in the applicant's country of residence.

Commonly asked questions

I have been in a de facto relationship for 11 months. Do I still have to wait for another month before I can apply?

Although you may apply now, your application may not be approved prior to the one year requirement unless you are eligible for the requirement to be waived. You may choose to defer making an application until you and your partner can meet the one-year relationship requirement.


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## Penguina (Sep 4, 2012)

Franconian said:


> I understand the de facto relationship registration waives the 12 month requirement. Of course the relationship has to be proofed as being genuine.
> 
> According DIAC website:
> 
> ...


The application can be denied if it is submitted before 12 months as they look at the day that it arrives as the first date for the visa they do not look at how time has passed since it arrived. Even if it is not seen by a case officer for several weeks or months.


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## Franconian (Sep 20, 2012)

But it clearly states that a relationship registration waives the 12 month requirement.


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## Penguina (Sep 4, 2012)

Franconian said:


> But it clearly states that a relationship registration waives the 12 month requirement.


The individual CO can decide if it is valid or not. It does not say it waives the one yr requirement as the relationship needs to be a de facto relationship for one year. It states "if the applicant can establish that there are compelling and compassionate circumstances for the grant of the visa."

De facto means that you share a life together like husband and wife without the marriage certificate and you need to demonstrate that and it needs to be seen for a full 12 months before applying for a de facto visa.

You also need to prove on all 4 points that the CO wants as even if one of the points is missed the visa will be rejected.

These four points are "financial aspects of the relationship, joint financial commitments such as real estate or other assets and sharing day-to-day household expenses

the nature of the household, including living arrangements and joint care and responsibility for any children of the relationship

the social aspects of the relationship, provided in statements (statutory declarations) by friends and acquaintances

the nature of the commitment, including duration of the relationship, how long the couple has been living together and whether they see the relationship as a long-term one. "


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## Franconian (Sep 20, 2012)

Penguina said:


> The individual CO can decide if it is valid or not. It does not say it waives the one yr requirement as the relationship needs to be a de facto relationship for one year. It states "if the applicant can establish that there are compelling and compassionate circumstances for the grant of the visa."
> 
> De facto means that you share a life together like husband and wife without the marriage certificate and you need to demonstrate that and it needs to be seen for a full 12 months before applying for a de facto visa.
> 
> ...


It does say it waives it:

Waiver:
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

However you are right, it still has to be proofed that the relationship is genuine etc. - 4 points


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## Penguina (Sep 4, 2012)

Franconian said:


> It does say it waives it:
> 
> Waiver:
> 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
> ...


It does not waive it on all cases, only if the circumstances and evidence is compelling, having a registered relationship does not mean that it will be accepted.

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.

There needs to be a compelling reason for them to waive it. Just having the relationship registered does not mean it will be accepted before 12 months.


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## ryan.clifton88 (Jan 14, 2013)

hi, do you know if a registered relationship is possible in the Norther Territory?

cheers


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## kttykat (Oct 30, 2012)

ryan.clifton88 said:


> hi, do you know if a registered relationship is possible in the Norther Territory?
> 
> cheers


No the Northern Territory as I understand it doesn't have a relationship register. Nor does WA or SA to the best of my knowledge. I answered you about this in another thread.

Kttykat


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## Nelly87 (Jul 3, 2011)

VIC *definitely* requires you have lived in the state for 12 months. I ran into that rule with them myself so I can promise you they do pay attention to it!


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## ryan.clifton88 (Jan 14, 2013)

Nelly87 said:


> VIC *definitely* requires you have lived in the state for 12 months. I ran into that rule with them myself so I can promise you they do pay attention to it!


Cheers for the info guys. Any idea about the rules of nsw? Do both partners need to be nsw residents?


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## kttykat (Oct 30, 2012)

ryan.clifton88 said:


> Cheers for the info guys. Any idea about the rules of nsw? Do both partners need to be nsw residents?


No NSW requirements are a lot less demanding.

Kttykat


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## jarni (Apr 12, 2013)

*my story*

Hi all,

I'm new to this forum but wanted to share my 'de facto' visa story as i have read a lot of posts on here which have been very useful and aided my application.

The purpose of my post is not to act as guideline that you can follow but to offer hope to applicants who feel worried about the living together requirement and 12 month rule.

Briefly, I am from the uk and have been in Aus since nov 2010 on a WHV. I met my girlfriend in Dec 2011 and we began a serious relationship in Feb 2012. My WHV expired in Nov 2012 and we were really worried about what to do and scared that we may have to leave together or even worse. We decided to try for a de facto visa as we felt it was worth the effort as we plan on being together for ever (ignore the cheesyness).

Our main concern was that we didn't meet the 12 month requirement and we had never technically lived together. We did share the same residence regulary throughout the week but we had no official proof that we lived together. 
We clearly met all other aspects that CO would be looking for, eg. joint bank account, holidays together, statements....

We read that if you register your relationship with the state then that can waive the 12 month requirement, which we managed to do in sept 2012, then applied for the de facto visa in oct.

Our evidence was very strong and we had gathered statements from friends and family and included extra of everything to present our case.

In jan 2013 we were contacted with a request to provide further evidence regarding why we don't live together and we needed to prove "that we live together, or not separately and apart on a permanent basis". 
We were very worried at this point but our CO was very helpful and we were able to prove that we "live our lives together and not apart", by providing further staements, bank statements highlighting shopping purchases from the same supermarket regularly(almost every day) and evidence of our xmas trip to the UK together.

We got our visa granted apr 2013!!

In summary, every case is viewed differently, but if your relationship is genuine and you tick all the boxes, there is hope that you will get your visa. If you don't live together, or have done so only for a short period then it is not the end of the line.

I hope this helps but please don't read this and think it must be easy to do because it is not and as i said...ever case is different.

I wish you all luck with your applications.

Jan


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## louiseb (Dec 22, 2012)

kttykat said:


> No the Northern Territory as I understand it doesn't have a relationship register. Nor does WA or SA to the best of my knowledge. I answered you about this in another thread.
> 
> Kttykat


Hello KK it seems you can register in WA a relationship now it was official in December 2012 below is the link, I found this whilst browsing after reading this thread earlier. 
City of Vincent - Relationship Declaration Register


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## kttykat (Oct 30, 2012)

louiseb said:


> Hello KK it seems you can register in WA a relationship now it was official in December 2012 below is the link, I found this whilst browsing after reading this thread earlier.
> City of Vincent - Relationship Declaration Register


Thanks for the update. Yeah it is funny that something like this is so state based.

Kttykat


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