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GO2012

Onshore Partner Visa - Financial evidence

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This my first post so please excuse me if this question has been previously raised, however I am seeking help in determining what may be the best way to proving joint financial status.

My partner has been in Australia since 12Feb and after a year living together we intend applying for a partner visa. Given she is filipino and here on a non working visa (tourist visa) I have totally funded all joint expenses. Airfares, Insurance, Household expenses, concerts, phone and utility costs. No lease agreements or joint property to present either. 

Any suggestions on what may be considered appropriate as I have plenty of evidence our joint expenses are covered by myself but nothing joint can be offered as covered by my partner as she has no income and gave up her job to move be with me. 

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6 minutes ago, GO2012 said:

This my first post so please excuse me if this question has been previously raised, however I am seeking help in determining what may be the best way to proving joint financial status.

My partner has been in Australia since 12Feb and after a year living together we intend applying for a partner visa. Given she is filipino and here on a non working visa (tourist visa) I have totally funded all joint expenses. Airfares, Insurance, Household expenses, concerts, phone and utility costs. No lease agreements or joint property to present either. 

Any suggestions on what may be considered appropriate as I have plenty of evidence our joint expenses are covered by myself but nothing joint can be offered as covered by my partner as she has no income and gave up her job to move be with me. 

Welcome to the Australian Visa Forum,

In the first instance, can I ask if you are applying under the de facto criteria, and what State do you reside in?

 


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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.

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We consider living together for 12 months as qualifying for defacto status so we will apply under defacto. However at time of submitting application I am not divorced so cannot register as defacto in Qld yet.

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1 hour ago, GO2012 said:

We consider living together for 12 months as qualifying for defacto status so we will apply under defacto. However at time of submitting application I am not divorced so cannot register as defacto in Qld yet.

That does indeed rule out registering you relationship if you are still legally married. For the benefit of others, if an applicant and sponsor are able to register their relationship, then by virtue of that fact they they have registered it, an exemption to the minimum one year relationship exists. See: Exemption from the one year relationship requirement for de facto visa Note: they must still evidence that they are in a de facto relationship, but it does not have to have existed for 12 months. 

As you are probably aware de facto requires that you have been in a de facto relationship for at least 12 months immediately preceding date of application, subject to the exception above. A starting point is always an assessment of the applicant and sponsors relationship against the criteria it assessed against in the Migration Act and Regulations, namely Regulation 1.09A. The Department is required to consider  ALL of the circumstances of the relationship, including the matters listed in Regulation 1.09A, which include the financial aspects of the relationship, including:

                              (i)  any joint ownership of real estate or other major assets; and

                             (ii)  any joint liabilities; and

                            (iii)  the extent of any pooling of financial resources, especially in relation to major financial commitments; and

                            (iv)  whether one person in the relationship owes any legal obligation in respect of the other; and

                             (v)  the basis of any sharing of day-to-day household expenses.

It is not expected that you will be able to cover every aspect in Regulation 1.09A, and you have given a perfect example why. In my opinion your financial commitment to the relationship, in circumstances where your partner is unable to work, is in itself strong evidence.

Just a word of caution, periods of dating do not count towards de facto. If you have only known each other for a period of 12 months, and you applying under the de facto criteria, just ensure you have all your ducks in a row.


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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.

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Thanks you for your response.

We met in Nov 2016 and whilst communicated online until spent time together dating in Hong Kong from Jan31-04Feb'17, daily contact continued until our next face to face in May 11-14'17. This then returned to daily communication, which I would consider my dating period until she cancelled her working contract in Hong Kong to commence a permanent relationship with me. We then met in Manila 31Oct'17 and we intended to be in Australia immediately, however the first visitor visa application was refused the day I flew to the Philippines and we just lived at her place until 17Nov'17. I returned for work and she began furnishing a more thorough application that was granted 01Feb18.12feb18 until we submit the partner visa application which will be after 12Feb19 has been living with me, excluding time to leave and meet the 3 month max stay in Aus condition. Only extended exit was to meet the condition and stay 4 weeks to be a bridesmaid in her nieces wedding, then we met again for a Vietnam holiday before returning to Aus again. 

I would regard it fair as the defacto starting 31Oct'17 as our living together commenced, time apart has real reasons and was with intent to be together from that date. In any case our Aus period exceeds 12 months.

I would hope starting the application before 12 months in Australia is okay however to be safe I would lodge after the 12 months.

Does this sound right as $7160 is alot to be declines on a technicality. We will register the defacto in a month but after lodgement of the visa as I am waiting the divorce as the marriage ended 5 years ago.

Regards.

 

 

 

 

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5 hours ago, GO2012 said:

Thanks you for your response.

We met in Nov 2016 and whilst communicated online until spent time together dating in Hong Kong from Jan31-04Feb'17, daily contact continued until our next face to face in May 11-14'17. This then returned to daily communication, which I would consider my dating period until she cancelled her working contract in Hong Kong to commence a permanent relationship with me. We then met in Manila 31Oct'17 and we intended to be in Australia immediately, however the first visitor visa application was refused the day I flew to the Philippines and we just lived at her place until 17Nov'17. I returned for work and she began furnishing a more thorough application that was granted 01Feb18.12feb18 until we submit the partner visa application which will be after 12Feb19 has been living with me, excluding time to leave and meet the 3 month max stay in Aus condition. Only extended exit was to meet the condition and stay 4 weeks to be a bridesmaid in her nieces wedding, then we met again for a Vietnam holiday before returning to Aus again. 

I would regard it fair as the defacto starting 31Oct'17 as our living together commenced, time apart has real reasons and was with intent to be together from that date. In any case our Aus period exceeds 12 months.

I would hope starting the application before 12 months in Australia is okay however to be safe I would lodge after the 12 months.

Does this sound right as $7160 is alot to be declines on a technicality. We will register the defacto in a month but after lodgement of the visa as I am waiting the divorce as the marriage ended 5 years ago.

Regards.

 

 

 

 

The requirement that 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 comes from Regulation 2.03A(3) of the Migration Regulations. However 2.03A(5) provides that 2.03A(3) does not apply if the de facto relationship is a relationship that is registered under a law of a State or Territory. Regulation 2.03A(5) is silent on when the relationship must be registered. As such, an applicant who registers their de facto relationship after the application is made but before it is decided is taken to have met regulation 2.03A(5).


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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.

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