# defacto visa rejected



## stupidmiss (Nov 13, 2011)

We have just waited 7 months to be told that our defacto visa has been rejected.

No explanation, no reason just NO.

We can call a number on Monday to find out what has happened but after reading threads on here I think we now.

We had been together for 2 years before we sent in our visa application.

However it now seems clear that we should of been living together for a year . John is in the USA and i am here .....visa' s he had lasted 3 months !! if you add up our time together its over 12 months but it hasnt been continuous, I have a feeling that this is the problem.

We feel stupid for having not been on here to look at the other posts.

If you commit murder you go to court innocent till proven guilty....sadly immigration law works in the reverse.

we feel we have been naive in our application and the long wait we have had is not over yet Happy xmas to us  ...will keep you posted.


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## whatnext (Aug 3, 2011)

So sorry to hear that.. It's a Shane it took them so long to reject it. It's alot money and time wasted but having said that you can appeal their decision through the MRT process but this will also take time.


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## missmullen (Jun 9, 2011)

Also sorry to hear of your sad news. I think you're correct in the reason your visa was rejected as the 12 month living together is the critical element in determining if you are de facto as defined by our Immi department. If it's as you admit and you haven't lived together for the 12 months, then I honestly think you'd be wasting your time appealing to the MRT. If you are going to appeal, I'd strongly suggest consulting with a registered migration agent.

Your other option is the Prospective Marriage Visa - its a whole new application but is perfectly suited to your situation wherein you are in a long distance relationship and therefore unable to meet the 12 month requirement.


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## SarahM (Feb 8, 2011)

I'm sorry to hear about this, it's a real shame all of that time, money and work 

Unfortunately I agree with missmullen, you'd only be wasting more money going to the MRT - you have to pay them and only get reimbursed if your case is successfull. The situation is pretty black and white as even on the immi site for the partner visa it says to be eligible as a de facto couple:
_You and your partner must have been in a de facto relationship for the entire 12 months immediately prior to lodging your application._
It's not worth going to the MRT.

I hope you can put this behind you, and hopefully find the strength to fix things. Missmullen suggested the prospective marriage visa, and if that doesn't suit your plans you might have to consider a way in which one of you can spend 12 months in the other's country OR if you are resident in NSW, you can waive the 12 month requirement by registering your relationship at Births, Deaths and Marriages.


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## stupidmiss (Nov 13, 2011)

Thanks for your replies.

I can see after reading other posts that we needed to be living together for 12 months but we seriously read it at the time of our visa app that we had to be ina relationship for 12 months so we thought we qualified.

What gets me is that they requested a NOIM form (another $300) from our celebrant only 2 months ago !!! surly they would of known then that we didnt qualify for this visa !!
Also no other forms came with the rejection letter for appeal is that normal?


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## SarahM (Feb 8, 2011)

stupidmiss said:


> What gets me is that they requested a NOIM form (another $300) from our celebrant only 2 months ago !!! surly they would of known then that we didnt qualify for this visa !!
> Also no other forms came with the rejection letter for appeal is that normal?


Our NOIM was free, who is the $300 paid to ?
Not sure what other letters you should have gotten, I would've expected them to explain the MRT option.


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## stupidmiss (Nov 13, 2011)

we paid the celebrant the money for the ceremony in advance. So he supplied the NOIM.

We have no explanation in the letter, just a phone number and address to appeal. We have used this phone number before and left messages but have never heard back from them once ..... Do case workers get assigned to everyone .....we never had one .

sarah .


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## SarahM (Feb 8, 2011)

stupidmiss said:


> we paid the celebrant the money for the ceremony in advance. So he supplied the NOIM.
> 
> We have no explanation in the letter, just a phone number and address to appeal. We have used this phone number before and left messages but have never heard back from them once ..... Do case workers get assigned to everyone .....we never had one .
> 
> sarah .


Everyone gets a case officer, it's the person who makes a decision on your visa, but not many people get contacted by their CO's (sometimes they can ask their 'higher ups' to make a decision on the visa).
If you only made a deposit with the celebrant, try and see if you can get it back - or if not, arrange a new date for the married (get married on a tourist visa) and ask the celebrant to still provide their services.

What are your plans now?


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## stupidmiss (Nov 13, 2011)

well as it was a holiday and no-one was at the immi office in washington on friday my fiance will call them today and see if we can salvage anything. He has the number of an immigration lawyer so will set up a date with him asap, we will not be going it alone again. 
our wedding is in March so am just going to keep that for the moment and cross fingers that we can still do it then, its all arranged, if not we will have to change date ... ....still cant believe we were so stupid !!! .

Thanks for your help xxx


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## SarahM (Feb 8, 2011)

Mistakes happen all the time and you can only hope that things will move swiftly into the right direction now...I wish you all the best!!


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## stupidmiss (Nov 13, 2011)

Thank you so much will keep you posted.

2012 will be our year !!!!


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## stupidmiss (Nov 13, 2011)

ok so have spoken to immi ... no hope as thought with visa. Re-appling for PMV with Immi agent .... very disapointed that we were not told earlier but it was our fault.... hope this post can save someone else the heartbreak.... good luck to alll xx


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## thejumpingkoala (Nov 1, 2011)

stupidmiss said:


> ok so have spoken to immi ... no hope as thought with visa. Re-appling for PMV with Immi agent .... very disapointed that we were not told earlier but it was our fault.... hope this post can save someone else the heartbreak.... good luck to alll xx


What reasons did they give for the rejection? Was it solely based on the 12month living together factor or was there something else? Very sorry to hear that. All the best with your next application


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## stupidmiss (Nov 13, 2011)

Not Living together and not being financially supportive of each other where the reasons given , good luck .


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## chezza (Nov 19, 2011)

*Help!*



stupidmiss said:


> Not Living together and not being financially supportive of each other where the reasons given , good luck .


Sorry to hear you visa wasn't granted.

I was wondering if you or anyone could give me some advice??

I live in the UK and my partner is from Australia, we have now been in a relationship for 2 years and 3 months and i want to move to Australia on a de-facto visa. Here is a little bit of what we have done.

We met in (August 7th 2009).

I lived in Australia on a working holiday visa for 9 months and spent 8 months of our relationship together (we lived separately but spent most weekends living together).

I left to travel for 2 months before returning to the UK and my partner traveled for 6 months (long term plans) before he moved to England (September 2010)

We lived together for 8 months and he returned to oz in April 2011

Since he left i has visited him for a month. (September 2011)

And he is traveling to the UK early December 2011 until late January 2012

We have a joint British bank account and bills in our names.

We have extensive photographic, email, Facebook, Skype, history along with Christmas and birthday cards. Along with many references if required.

Does anyone know if this is enough to apply for a de-facto visa or what our chances are??

Although we dont live in the same country as we have already used the working holiday visa, we speak all the time and can prove this.

In 14 months we have only been apart 6 of them.

Any information would be great, Thank you.


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## whatnext (Aug 3, 2011)

Hi.. Do you share finances?? Have you paid for any on his trips or vice versa?? I think without a strong financial connection the breaks you've had maybe too long to count in the 12 month defacto requirement. Even though you have only been apart for 5 or 6 months in total out of 14 months it's almost half the living requirement without very strong financial evidence it may be hard for immigration to establish that you are in a true defacto relationship as apposed to a long distance relationship.


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## stupidmiss (Nov 13, 2011)

I agree .... my advice would be to go through an agent .... we have just sought one and they now everything you need to do .... its an added expense but having been through 7 months of waiting to be told we did not have the requirements for the defacto visa ...well worth it ..... good luck x


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## chezza (Nov 19, 2011)

whatnext said:


> Hi.. Do you share finances?? Have you paid for any on his trips or vice versa?? I think without a strong financial connection the breaks you've had maybe too long to count in the 12 month defacto requirement. Even though you have only been apart for 5 or 6 months in total out of 14 months it's almost half the living requirement without very strong financial evidence it may be hard for immigration to establish that you are in a true defacto relationship as apposed to a long distance relationship.


Hi, Thankyou for your reply. We have paid for each other's trips. I booked and paid for a holiday to Portugal and bought train tickets for when he arrives in the UK, and my partner paid for me to visit him in September this year. We have evidence of this, and we are starting to save up money in our joint account and pay for things from this account. Do you think that would be enough evidence?

We are thinking of collecting all the evidence and going to see someone whilst he is in the UK and see what our chance's are, do you know if you can make an appointment with the immigration department for advice? Or can you only see them when you are lodging your application?

If you get rejected does this affect you applying for any other visa?


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## whatnext (Aug 3, 2011)

That would certainly help but the length of breaks apart is still concerning. 

Immigration will not give you advice as to whether you have enough evidence or not. They are not allowed to give advice, just information. 

It may be best for you to see an immigration agent. They can be expensive but maybe just get an initial consultation with them in regards to your evidence. 

If your visa application is refused you can apply again but you will lose the application fee from the rejected one. It's expensive so maybe worth investing a bit in a an agent first.


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## chezza (Nov 19, 2011)

whatnext said:


> That would certainly help but the length of breaks apart is still concerning.
> 
> Immigration will not give you advice as to whether you have enough evidence or not. They are not allowed to give advice, just information.
> 
> ...


Thankyou for all your information, it has been very helpful. I think we are best to see an agent once he get's here next month.

One last question, if I was to go on a visitor's visa for 3 months at a time for a year would that class as our year together?? and can I do that?? I no I wouldn't be able to work.

We are running out of idea's.


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## smile19 (Feb 29, 2012)

stupidmiss said:


> Not Living together and not being financially supportive of each other where the reasons given , good luck .


Sorry to hear about your visa. Hope it goes well this time round. I was wondering what financial evidence you submitted?


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## mossyrocks (May 11, 2011)

Just curious if marriage would make a difference? I know that's the biggest step, but the relationship evidence doesn't seem quite as bad if married.


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