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De Facto Visa Concerns
Old 12th April 2011, 04:51 PM   #1
Join Date: Apr 2011
Location: WA
Posts: 1
Default De Facto Visa Concerns

Hi, I'm so glad I found this forum!

A little background... I'm from the USA and my partner is an Australian citizen. We met in June of 2008 while I was studying here and we've been together ever since. Since then, we've seen each other as much as we could. He has a government job and can only be away for 1 month a year. I was finishing up university in Pittsburgh and spent every break I had with him. He has visited me in the USA 2 times for slightly over a month each time (in October 2008 and December 2009). I've come over to Australia to visit him several times (for Christmas with his family in December 2008, May-Aug 2009, and from July 2010 after I graduated until now). We both traveled back to visit my family in the USA from late Nov 2010 until Christmas (and stopped in Sydney to visit his family on our way back to Broome). Right now, I'm on a 6-month visitor's visa and am not allowed to work. I'm pretty much playing the role of a house-wife right now and he is supporting us. We live in the house that he's been staying at for almost 5 years which is provided through his work, which means I'm not on the lease.

What other ways can we prove we've been living together? I have a few letters addressed to me at the address, but they don't go back to when I first moved in. I've been having everything sent to his name because mail that isn't addressed to the name on the box tends to not arrive (Broome mail is shocking!). Also, because I'm not working, none of the bills are in my name. We have tons of friends and family who can issue statements but that's all I can think of.

Also, I have to leave at the end of June this year because my 6 month visa expires. I planned to go home, visit with family, then get another 6 month visa and come back. I'll probably be gone for a month because of family issues and events as well as the high cost of flying from Broome to Pittsburgh! Will this time apart ruin our "12 months of living together?" Or, when I come back at the end of July, will our 12 months be complete, meaning we can finally apply?

I really want to get the partner visa as soon as I can so we can start living as equals instead of him taking care of me! I'm so frustrated we've had to wait this long.

Thanks to any one who can help!! This is so much more complicated than I expected!
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Old 21st July 2011, 12:59 AM   #2
Join Date: Jul 2011
Location: Australia
Posts: 6

I am curious as to how you are going on this. I am having a similar situation proving that we share expenses. Did you find out anything which helps on this? I wish you luck with everything.
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Old 22nd July 2011, 08:09 AM   #3
Team Oyeniyi
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Join Date: May 2011
Location: Melbourne
Posts: 123

Hi Jess. Good luck with your application. You have been back and forth quite a bit! I don't have any specific advice, unfortunately, but I am sure one of the migration agents will post soon.
Appliction lodged June 22, 2010, Pretoria
Application denied, November 29, 2010, Melbourne
Appeal lodged, December 13, 2010, Melbourne
Received Appeal Acknowledgement via lawyer December 22, 2010 (dated December 14)
AHRC complaint lodged January 19, 2011
MRT Hearing date February 17, 2010
Appeal WON February 17, 2011
MRT Decision issued March 4, 2011
Notification of visa grant received May 25, 2011
http://teamoyeniyi.com - Love versus Goliath
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Old 22nd July 2011, 11:14 AM   #4
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Join Date: Jan 2010
Location: Cairns
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Nick van Voorst van Beest Registered Migration Agent
MARN 0640648

Originally Posted by jess View Post
Thanks to any one who can help!! This is so much more complicated than I expected!
Hi Jess, it certainly is !!

It is pretty hard to provide specific advise on a forum like this,as every case is different.

If you are unsure how to deal with the application process and what evidence to provide your best bet would be to engage a registered migration agent.

Nick van Voorst
Registered Migration Agent 0640648



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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances. Migration advice can only be provided after a contract has been entered into and the required fee has been paid.
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