Applying for a partner visa to Australia - 12 month living requirement?
I'm a 30-something English professional who is looking to apply for a Partner visa in order to stay with my Australian de facto girlfriend in Australia. We are in a committed relationship and have been for over a year (and can provide statements from friends and family to this effect) - but have only lived together for 6 months. Which was largely due to a pre-existing tenancy agreement my girlfriend was unable to break. We have joint financial commitments, share bills and also have countless social information such as photos, joint holiday plans, itemised telephone statements of our interactions etc.
However, having spoken to the Dept of Immigration hotline I was told I must provide evidence of LIVING TOGETHER for 12 months to be considered. This is contradictory to some information I've read on web forums where people have been successful with just 6 months co-habitation.
Was the person I spoke to incorrect? Or is the "12 month requirement" the official line when there is in fact some 'off the record' leniency?
It is a very frustrating situation - my visa expires in 8 weeks and I fail to see how it's even possible to meet the requirement without major upheaval to both our lives (eg both moving to the UK, in which my partner will have to forgo career ambitions in her current job as a physiotherapist) which we were hoping to avoid.
Any advice will be greatly appreciated.
Comments
DIAC's quite reasonable view is that married and de facto couples live together and if you want to be treated as a de facto couple, something like a 'pre-existing tenancy agreement' shouldn't prevent you from doing so. Based on what you've written here, I doubt if you would qualify for an exemption from the 12 month cohabitation requirement at this stage, though it's a possibility that you could qualify after you return to the UK - see the relevant FAQ on the following:
http://www.immi.gov.au/media/fact-sheets/35relatio... The third question could well apply to your situation. Maintaining the joint financial commitments etc will be critical in that case.
If you live in one of the states (Victoria, Tasmania, the ACT and recently, NSW ) that provides for registration of relationships, you should look into whether that provides a possibility for you.
http://www.immi.gov.au/legislation/amendments/2009...
I suggest you consult a reliable and experienced RMA about your situation. A good one (many are not even remotely competent) should be able to tell you what you need to do to maximise your chances of success.