# Cohabitation - but cant provide more than affidavit that we live together



## mortoau (May 28, 2011)

Hi,

Our CO officer is asking for more evidence that we lived together for 12 months.



> Please be advised that the case in currently under consideration. We are also awaiting for an additional evidence of cohabitation required from the applicant Once we require any further information we will contact either you or the applicant either over the phone or via e-mail.


Unfortunately I dont have any thing with both our names on it. We were both living in a country together that was foreign to us both. At the time we just didnt keep any records. We were living together but its just our word.

My immigration officer knowing this still had no hesitation and thought we would get the visa. Moving forward he suggest I provide more details such as affidavits from myself, partner and parents saying we lived together.

This is all we can provide.

What are my chances here of a successful application?

I told the CO we cannot provide any further details in regards to cohabitation.

Any advice?


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## mortoau (May 28, 2011)

Our CO just replied:



> Please be advised that we have received the statements and the information has been taken into consideration.
> I have made a note in our system according to your e-mail below, saying that you have sent us all the additional evidence of your cohabitation.


So fingers crossed.


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## aussiegirl (Dec 15, 2009)

You don't need joint accounts. This is a suggestion from DIAC about what can be considered evidence. 

Get your bank statements and highlight any transactions that were made related to the household. Get receipts from things you bought for eachother, for family, trips you took together etc.

You will still need to do stat.decs/ statements to explain why you have so little evidence and the circumstances behind your relationship.


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## mortoau (May 28, 2011)

Thanks for the reply.

Yes I provided stat decs from myself/partner and parents in regards to us living together.

We actually tried to get a join bank account in the country we were living but my partner needed a bank account in Russia which she didnt have at the time (she was a student). So we couldnt get in the country were were living (Malta).

My partner and I paid 50%/50% for the application fee. Could I send them this statement saying we are sharing this cost also? My partner sent me a wire etc. Proving our commitment to eachother is equal?

Chris


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## missmullen (Jun 9, 2011)

Hi,

Not sure if you've considered this, but do you have any mail addressed to each of you individually, but to the same address? Bank statements, tax returns, etc? I don't think the mail has to be addressed to both of you, it simply needs to be to the same address to prove you were residing together. 

Do you have any emails to friends and family mentioning your living arrangements from that period? 

I don't mean to be the devil's advocate, but, if I were in the CO's shoes in terms of ticking all the boxes that are required to be satsifed, I'm worried they may take the view that affidiavits may not constitute enough proof of residing together...


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## mortoau (May 28, 2011)

My partner was a student and did a casual cash in hand job. So there is no letters or mail addressed to where we were living.

When we left Malta we threw alot of our stuff out. I had not read anything about the Visa requirements before doing this. 

My immigration agent was confident based on what we had provided thus far would be fine to get the Visa.

It really is just our word at this stage. We can't provide anything else. 

It has me worried as our CO has mentioned we really need further evidence of living together.

I got my Malta real estate agent to sign a 888 form saying we lived together.


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## SarahM (Feb 8, 2011)

mortoau said:


> My partner and I paid 50%/50% for the application fee. Could I send them this statement saying we are sharing this cost also? My partner sent me a wire etc. Proving our commitment to eachother is equal?


Yes, that's a good idea to mention that. Any transfers made between your accounts is good, so provide evidence of that, or even if you used Western Union for example, include things like that too.


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## mortoau (May 28, 2011)

SarahM said:


> Yes, that's a good idea to mention that. Any transfers made between your accounts is good, so provide evidence of that, or even if you used Western Union for example, include things like that too.


Hi,

Would this help prove cohabitation or more proof of relationship? I believe I've got the proof of relationship covered but light on the living together.


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## SarahM (Feb 8, 2011)

mortoau said:


> Hi,
> 
> Would this help prove cohabitation or more proof of relationship? I believe I've got the proof of relationship covered but light on the living together.


Yes, it's probably more about the proof of relationship rather than cohabitation. The only thing I can really think of that's easy to have to show cohabitation is just personal mail. Didn't anyone at all send any of you or both of you any letters or mail at the same address? Did you not receive anything in the mail for that time?


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## mortoau (May 28, 2011)

Not for my partner. Her job was casual ("cash in hand"). There was no reason for her to have anything addressed in her name where were mail was to be sent.

Proof of Cohabitation was something I only learned once I was back in Australia. If id known or done the research when I was with my partner in Europe I would of ensured a few of these suggestions.

Moving forward all I have is the affidavit's.

The thing is I used an immigration agent to handle this for me and he really thought might case was solid and still does. Fingers crossed.


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## SarahM (Feb 8, 2011)

Well I hope the visa is granted, usually we worry more than we need to. All the best


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## mortoau (May 28, 2011)

Our CO emailed today with



> Please be advised that you case has been now accessed by the Senior Migration Officer and has been returned to me for sending you a notification of further steps to be taken.
> The file has been returned to me with the note of the additional evidence being required for further processing of your application.
> 
> Please provide the additional evidence of the relationship to demonstrate your ability to satisfy Reg 2.03A(3) i.e "the applicant has been in the de facto relationship for at least the period of 12 months ending immediately before the date of the application."


As I mentioned in this post I have provided all the evidence I can in regards to this particular requirement. I just emailed them again saying I cant provide anything further and rest my case.

Hopefully it isnt a negative decision and they take our whole application into consideration. Thoughts anyone?


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## mortoau (May 28, 2011)

After re-reading the latest email from my CO.



> the applicant has been in the de facto relationship for at least the period of 12 months ending immediately before the date of the application


What are they really referring to here? is this co-habitation for 12 months or are they questioning if we were even in a relationship prior to submitting the application?


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## whatnext (Aug 3, 2011)

It sounds like they just want more evidence showing you were in a defacto relationship for 12 months before you put in your application.


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## SarahM (Feb 8, 2011)

I agree with whatnext. They want more proof that you were living together in a de facto relationship for 12 months, if they had wanted just relationship proof they would have referred to "genuine relationship". I would provide the lease showing the name on it whether it's just one or both of you, and show your partners study details to indicate that he was studying in a school/uni close to you. Didn't he get any mail from the school?? Didn't your family send you mail for 12 months??


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## mortoau (May 28, 2011)

Yep I agree we are light on "paper" evidence like a joint bill or her address on a paper where we were living.

There are circumstances (which is too long to explain in full) as to why we didn't arrange this. Mainly because we were both living abroad when we formed our relationship and I had to move back to Australia for work reasons quite suddenly.

It was then I went to do a partner visa and read all the requirements. By then it was too late to arrange any "paper" work. Its just our word that we lived together.

I myself was unsure of the whole process and sort a migrate agent who took on our application thinking we would for sure get the visa. I know they are just in it for the money but I hope they are more professional than that.

His advice was just to say we have provided everything within our powers.

I understand its a red flag for our CO. I just hope they view the bigger picture here and we are desperate to continue our partnership in Oz.


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## SarahM (Feb 8, 2011)

mortoau said:


> Yep I agree we are light on "paper" evidence like a joint bill or her address on a paper where we were living.
> 
> There are circumstances (which is too long to explain in full) as to why we didn't arrange this. Mainly because we were both living abroad when we formed our relationship and I had to move back to Australia for work reasons quite suddenly.
> 
> ...


I understand the problem. I hope it works out too - maybe you could find another person to do a statutory declaration 

Actually, did the school/uni where your partner studied have his address on record? If so, I would contact the school and get them to make a letter indicating what your partner's address was in their records. I hope that's possible


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