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Karolina

Date our De Facto relationship began?

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Hi there,
A little background story of our relationship:
We have become an official couple in January 2018. Due to my partner's injury rehab and my studies holding us in different states in AU, we weren't able to live together. We have been visiting each other on a regular basis, flew to Europe to see my family and right after he was cleared from his injury, we have moved in together in April 2019. (Evidence of lease documents, flights etc. will be provided) 

What date do we state as our De Facto - a date we have moved in together, a date we have lodged a relationship certificate or a date I have introduced him to my family and we have started planning our future together, even tho we didn't live together yet?

We have been seeing each other every 3 weeks and my previous landlady added my partner to my lease agreement, even tho he wasn't living with me on a permanent basis.

Can someone help to clarify the date of the start of our De Facto, please? 

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2 hours ago, Karolina said:

We have become an official couple in January 2018.

I would use that date unless it was the first time you met. Just use the date that you became an exclusive couple

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13 hours ago, SammyJ said:

I would use that date unless it was the first time you met. Just use the date that you became an exclusive couple

Alright! We have met in November 2017 and became an official couple in January 2018.  I guess we will use this date by also providing ticket flights, photos and reasons on why we haven't been able to move in together earlier. 

Thank you! 

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On 11/5/2019 at 3:24 PM, Karolina said:

Can someone help to clarify the date of the start of our De Facto, please? 

I feel from what you detai, Jan 2018 is the formal de facto start date.  As you state you will need to demonstrate this date solidly,  via your personal storey, evidence etc, that since this date your relationship has been;

  1. Genuine
  2. Enduring
  3. and to exclusion of all others

Cohabitation is becoming less important in this global society, but since April is a solid statement.  Prior to April, just clearly detail the circumstances (and evidence to support the key facts) that precluded your co-habitation.  Evidence like a joint lease (although not strictly cohabitating) is very important as it demonstrates a genuine relationship. Photos are only meaningful if corroborated by other evidence (ie a photo of a holiday scene, and a airline ticket for both supporting the date/locations). 5 good, corroborated photos is worth more than 200 meaningless pics.

From what you tell us, I feel your case is string and you will have no issues.

Good luck and keep us posted.


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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On 11/9/2019 at 1:32 AM, AussieDude said:

I feel from what you detai, Jan 2018 is the formal de facto start date.  As you state you will need to demonstrate this date solidly,  via your personal storey, evidence etc, that since this date your relationship has been;

  1. Genuine
  2. Enduring
  3. and to exclusion of all others

Cohabitation is becoming less important in this global society, but since April is a solid statement.  Prior to April, just clearly detail the circumstances (and evidence to support the key facts) that precluded your co-habitation.  Evidence like a joint lease (although not strictly cohabitating) is very important as it demonstrates a genuine relationship. Photos are only meaningful if corroborated by other evidence (ie a photo of a holiday scene, and a airline ticket for both supporting the date/locations). 5 good, corroborated photos is worth more than 200 meaningless pics.

From what you tell us, I feel your case is string and you will have no issues.

Good luck and keep us posted.

Hi there! Oh great. We will do so. We have Airline ticket bookings references, money transactions for the tickets to each other evidencing that we share financial aspects, photos with his family in Brisbane, concert tickets together etc. 
Do you reckon I need to cover every month since January 2018 up to April 2019 with extra evidence, showing that we have been committed to our relationship, even if we weren't able to live together? I have included photos with descriptions and airline tickets with bank highlighted bank statement transactions as well as our communication (letters, cards, messages), but it probably will have some gaps in between the dates. 

Thank you AussieDude!!  I will surely keep you updated. We are about to make a payment and start the online Application this week. 

 

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On 11/9/2019 at 1:32 AM, AussieDude said:

I feel from what you detai, Jan 2018 is the formal de facto start date.  As you state you will need to demonstrate this date solidly,  via your personal storey, evidence etc, that since this date your relationship has been;

  1. Genuine
  2. Enduring
  3. and to exclusion of all others

Cohabitation is becoming less important in this global society, but since April is a solid statement.  Prior to April, just clearly detail the circumstances (and evidence to support the key facts) that precluded your co-habitation.  Evidence like a joint lease (although not strictly cohabitating) is very important as it demonstrates a genuine relationship. Photos are only meaningful if corroborated by other evidence (ie a photo of a holiday scene, and a airline ticket for both supporting the date/locations). 5 good, corroborated photos is worth more than 200 meaningless pics.

From what you tell us, I feel your case is string and you will have no issues.

Good luck and keep us posted.

Just if you could help us with one more thing about those dates. It is pretty confusing!
The date you committed to a shared life together: Should I state it as April 2019, or does it have to be before De Facto date ( January 2018)? Which would make me state my De Facto later than January 2019?

Or... can it be the same date for de facto and commitment for a shared life together?



 

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You're making something quite simple very confusing for yourself.

You need to ask yourself: When did you become a couple to the exclusion of all others? That is the date that you both committed to a shared life AND the date you became defacto 

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6 hours ago, SammyJ said:

You're making something quite simple very confusing for yourself.

You need to ask yourself: When did you become a couple to the exclusion of all others? That is the date that you both committed to a shared life AND the date you became defacto 

Awesome, thank you, Sammy! Seems easy, but when it comes to legal terms you don't want to make a mistake...

 

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17 hours ago, Karolina said:

Awesome, thank you, Sammy! Seems easy, but when it comes to legal terms you don't want to make a mistake...

 

That is true. What you also dont want is different dates to confuse things. Just try to keep things as simple as possible. I know its not easy coming up with these type of answers when you are in a relationship with someone who lives in another country and most times this kind of thing isn't even discussed between couples let alone having a specific date. You go from meeting someone, hanging out/dating to all of a sudden planning a visa together and then trying to decide, well when did we actually become a couple? Just pick a date you are both comfortable with that you would also have some kind of evidence to back it up. Which i believe you have.  

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43 minutes ago, SammyJ said:

That is true. What you also dont want is different dates to confuse things. Just try to keep things as simple as possible. I know its not easy coming up with these type of answers when you are in a relationship with someone who lives in another country and most times this kind of thing isn't even discussed between couples let alone having a specific date. You go from meeting someone, hanging out/dating to all of a sudden planning a visa together and then trying to decide, well when did we actually become a couple? Just pick a date you are both comfortable with that you would also have some kind of evidence to back it up. Which i believe you have.  

Hi Sammy,
We both agreed to be a couple on the 1st of January, 2018 and since then we've been visiting each other regularly until we finally moved in together 7 months ago. All evidence including tickets, photos and bank transactions will be provided.

Thank you so much for all the help!

So that you are here, may I ask for a suggestion regarding my previous visa? 
2/5 years ago I got a student visa and took my ex-partner as a dependant on my visa. Not long since that, we broke up and I have revoked relationship and informed the immigration. 
When mentioning previous De Facto partners, do I have to also attach evidence letter from NSW centre of me revoking my previous relationship? I have the receipt. 
Would this make an impact on the partners' visa we are about to apply with my current partner? 

Maybe @AussieDude could also have an opinion regarding this? 

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You do need to mention any previous long term relationships but i doubt you would need any evidence showing a breakup of any of those

You say you have already informed immi anyway. I wouldn't too much about it. It certainly wont have any impact on your current Partner Visa

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@SammyJ The thing is that we broke up in September 2017 and I have moved out, however, I have met my current partner two months after and I have revoked my previous relationship in NSW centre in March 2018. It is half a year since we broke up. I just don't want them to raise a flag as why I have started dating someone before updating Immi about the changes of circumstances earlier. As my ex was dependant on my visa.
Or maybe they do not worry about it as much as it was not a marriage? 

I have, whatsoever, documents sent to me in a new address and it shows that I have moved out. 

Thank you a lot! 
 

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7 hours ago, Karolina said:

@SammyJ The thing is that we broke up in September 2017 and I have moved out, however, I have met my current partner two months after and I have revoked my previous relationship in NSW centre in March 2018. It is half a year since we broke up. I just don't want them to raise a flag as why I have started dating someone before updating Immi about the changes of circumstances earlier. As my ex was dependant on my visa.
Or maybe they do not worry about it as much as it was not a marriage? 

I have, whatsoever, documents sent to me in a new address and it shows that I have moved out. 

Thank you a lot! 
 

From what you have posted your relationship with your previous partner ceased in September 2017. Your current relationship commenced around December 2017. It is your current relationship that will be assessed by the Department. However if your previous partner was granted a visa as your dependent, exactly when you advised the Department (as is your responsibility) of the change in your relationship circumstances will raise a very big red flag if this was not done within 28 days from when your relationship ended.    

 


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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1 hour ago, AFV said:

From what you have posted your relationship with your previous partner ceased in September 2017. Your current relationship commenced around December 2017. It is your current relationship that will be assessed by the Department. However if your previous partner was granted a visa as your dependent, exactly when you advised the Department (as is your responsibility) of the change in your relationship circumstances will raise a very big red flag if this was not done within 28 days from when your relationship ended.    

 

So what would be the case now? Any suggestions on what to do? 

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21 minutes ago, Karolina said:

So what would be the case now? Any suggestions on what to do? 

You need professional advice, especially seeing the relationship broke down prior to the grant.

The kind of advice and info you need won't be available in a forum

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7 minutes ago, Aussie_83 said:

You need professional advice, especially seeing the relationship broke down prior to the grant.

The kind of advice and info you need won't be available in a forum

Thank you, @Aussie_83 ... I shall then contact someone. 

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