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Thread: Could a Defacto Visa be granted without the 12 Months of Living Together?

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    เมืองเชียงราย Thai Dreamer ผู้เพ้อฝัน Rivo's Avatar
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    Could a Defacto Visa be granted without the 12 Months of Living Together?

    As the title of the thread says, could a 309/100 Defacto Visa be granted without the 12 months of living together. As alot of BM's are aware my Thai Girlfriend has visited myself in Australia on 3 seperate 3 month Tourist Visa's over a 15 month period, aswell as me spending time with her on holidays, approx 10 weeks over that period of time. Do you think this would meet the criteria of 12 months living together that is asked for with a Defacto Partner Visa?
    A Wise Man Once Said "Nothing"

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    Cadet Gold BangkokSteve's Avatar
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    Quote Originally Posted by Rivo View Post
    As the title of the thread says, could a 309/100 Defacto Visa be granted without the 12 months of living together. As alot of BM's are aware my Thai Girlfriend has visited myself in Australia on 3 seperate 3 month Tourist Visa's over a 15 month period, aswell as me spending time with her on holidays, approx 10 weeks over that period of time. Do you think this would meet the criteria of 12 months living together that is asked for with a Defacto Partner Visa?
    Maybe have a look at the australian law definition of defacto relationship..is living in the same house a requirement?

    In the reverse situation, I know that separation can be claimed between husband and wife even if they live in the same house.

    Ya ship em in ya ship em out 555

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    Organic AI Quarky's Avatar
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    9 months so far... another 3 months.... and she's entitled to half of everything Rivo... 55
    My only experience was in a pie making factory managing the gravy team


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    Uber Star Soi wanderer Thai Dreamer ผู้เพ้อฝัน OZZYGUY's Avatar
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    Rivo if you don't ask you don't get.

    Give it a go.

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    เมืองเชียงราย Thai Dreamer ผู้เพ้อฝัน Rivo's Avatar
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    From the Department of Immigration Website : To satisfy this requirement, the couple must demonstrate that they have been in a de facto relationship for at least 12 months before the visa application is made. For migration purposes, a person is in a de facto relationship with another person if they:

    •are not married to each other
    •have a mutual commitment to a shared life to the exclusion of all others
    •are in a genuine and continuing relationship
    •live together or do not live separately and apart on a permanent basis
    •are not related by family.

    Living together : Living together is regarded as a common element in most on-going relationships. It is recognised that, for various reasons, couples may sometimes have to live apart. Provided the separation is temporary and the couple had, at some point since commencement of the relationship lived together, their relationship might still satisfy the requirements of a de facto relationship.




    And also from their website which to me seems to contradict itself :

    For this reason, the one year relationship criterion does not require the couple to have physically lived together for the entire 12 months, but rather to have been in a de facto relationship for that period.

    Partners who are currently not living together may be required to provide additional evidence that they are not living separately and apart on a permanent basis in order to satisfy the requirements of a de facto relationship.
    A Wise Man Once Said "Nothing"

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    เมืองเชียงราย Thai Dreamer ผู้เพ้อฝัน Rivo's Avatar
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    Quote Originally Posted by Distantpeak View Post
    9 months so far... another 3 months.... and she's entitled to half of everything Rivo... 55

    And does that also include half of my debts ? 555
    Quarky and OZZYGUY like this.
    A Wise Man Once Said "Nothing"

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    เมืองเชียงราย Thai Dreamer ผู้เพ้อฝัน Rivo's Avatar
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    And also from their website :


    Exemptions from the one year relationship requirement

    The one-year relationship requirement does not apply if the applicant can establish that:

    •there are compelling and compassionate circumstances for the grant of the visa, for example, there is a child of the relationship
    •the relationship is registered under a law of a state or territory prescribed in the Acts Interpretation (Registered Relationships) Regulations 2008 as a kind of relationship prescribed in those regulations
    •their partner is, or was the holder of a permanent humanitarian visa and, before the humanitarian visa was granted, was in a de facto relationship with the applicant that was declared to the department at the time
    •their partner is an applicant for a permanent humanitarian visa.
    A Wise Man Once Said "Nothing"

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    The artist formally known as Wabbits Thai Dreamer ผู้เพ้อฝัน wabbits's Avatar
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    I think you will be fine as you will have records and photos for such along period.
    Also you lived together for the max you could with visa restrictions. You could say fly in fly out. As where did you go on hols and who came on TV etc.
    Put together all your shared info.
    .

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    Uber Star Soi wanderer Thai Dreamer ผู้เพ้อฝัน MarcTwoSix's Avatar
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    I am not from Australia but the fact she has visited you the 3 times for 3 months at a time shows you are in a relationship....I would think

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    ประเทศไทยเพื่อน Founding Member Thai Dreamer ผู้เพ้อฝัน Changone's Avatar
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    Don't want to get your hopes up but neither do I want to talk you out of trying.

    This would be the key element for you

    Partners who are currently not living together may be required to provide additional evidence that they are not living separately and apart on a permanent basis in order to satisfy the requirements of a de facto relationship.


    I would say first of all that taking the kids to Singapore for a holiday with Paer shows commitment of the kind that they are looking for. I would make a big deal of that.

    Paer just about holds the record for consecutive tourist visas so that should help.

    Having a joint bank account, loan or something else you have joint responsibility for like this over twelve months would help.

    Also showing that the only times you are not together is because you go back to Australia for work.

    When Paer looked after you because of the hip replacement is all documented and also is something two committed people would do so push that too.

    Won't be easy, will be a gamble, but one I would definitely do.

    Good luck.


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    Uber Star Soi wanderer Uber Dreamer ผู้เพ้อฝัน Nomad's Avatar
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    Quote Originally Posted by Distantpeak View Post
    9 months so far... another 3 months.... and she's entitled to half of everything Rivo... 55

    If you apply for a defacto immigration visa, then it would make it harder to argue that you are not in a defacto relationship now, thus some split of assets may be possible now!

    Just talking theoretically...the law is sure to be far more complicated than that, and immigration and the family court may apply different tests to defacto related rulings. From memory, I think the family court test was 12 months resident in Australia together.

    Sorry to focus on the negative, but the reality is that sh!t happens, and the family court isn't going to do the party with greater assets and earning potential any favours. IMO, if you have a reasonable amount of assets, you should protect them, yet whilst also thinking of your partners long term welfare.
    "Don't wait around for your life to happen to you. Find something that makes you happy and do it. Everything else is just background noise." George Mason

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    ประเทศไทยเพื่อน Founding Member Thai Dreamer ผู้เพ้อฝัน jontymate's Avatar
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    Quote Originally Posted by Nomad View Post
    If you apply for a defacto immigration visa, then it would make it harder to argue that you are not in a defacto relationship now, thus some split of assets may be possible now!

    Just talking theoretically...the law is sure to be far more complicated than that, and immigration and the family court may apply different tests to defacto related rulings. From memory, I think the family court test was 12 months resident in Australia together.

    Sorry to focus on the negative, but the reality is that sh!t happens, and the family court isn't going to do the party with greater assets and earning potential any favours. IMO, if you have a reasonable amount of assets, you should protect them, yet whilst also thinking of your partners long term welfare.
    Agree with Nomad here mate protect yourself. That said my ex father in law has had now a Thai de facto for many years. Similar situation to you with 4 x 3 month visa's. He did part himself and got a little help from an immigration lawyer. He told me the big thing he was able to show he supported her for 3 years whilst they were apart. He has stat Decís also stating that her clothes and significant belongings remained with him whilst apart as she needed to care for elderly parents that passed away just before she came to AUS.

    The paper work he had and he showed me was one very full folder. Considering the cost for applying these days. What about AUD5K (Non-refundable) what would be a few more in a financial agreement and some help from an immigration specialist lawyer.

    Or just marry her. There is no real difference in law.

    The other alternative is to apply for a 6 month TV (I mean Spot got one.)With the down side being she could not work. So that dynamic of the relationship could not be tested. In that six months. Though I'm sure she could get some cleaning jobs from friends and family on the quiet. Mate if you are not sure in that six months you never will be.

    Just my thoughts to ponder. Hope they are helpful.
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    ประเทศไทยเพื่อน Founding Member Thai Dreamer ผู้เพ้อฝัน PatongBeachBoy's Avatar
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    Yep..... just you need to prove the relationship is genuine.

    It was easy for me as I played the 'Thip is the Stepmother to my kids' card and I had all of my correspondence revolving around that.
    Travel is the only thing you buy that makes you richer.

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    Uber Star Soi wanderer Thai Dreamer ผู้เพ้อฝัน justcruzing1's Avatar
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    WHAT?????? <7>

    I had to re read this 3 times.

    Rivo, has someone played tricks with your calendar...it is still 2014 not 2020!!

    Ok Ok I get it, this is a hypothetical question and it really relates to your mate and his TG Right??? Right??

    I do hope you get the application in and get approval.

    What I would do first is make an appointment and go to Immigration and talk to them. Better in person than on the phone or by email.
    That in itself will show them your serious and want help to do it the right way. Also saves the chance of loosing all the fees etc if you get it wrong.
    It may be you need to have her over for a 6 month TV first, who knows??

    Good luck mate, you have just sent the bookie odds into a tailspin, dam I had you not for another 2 years yet...Oh well your happiness is worth more than money....mumble grumble #!^%&(
    "Of course you love me darling, I handsome man 55555"

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    เมืองเชียงราย Thai Dreamer ผู้เพ้อฝัน Rivo's Avatar
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    UPDATE : Well to answer my own question YES you can get a Defacto Partner Visa without the 12 months living together.


    Partner Visa submitted on the 30th of September 2013 by Paer and approved yesterday ^B^
    A Wise Man Once Said "Nothing"

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    Uber Star Soi wanderer Uber Dreamer ผู้เพ้อฝัน Nomad's Avatar
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    Congratulations mate. Very happy for you.
    "Don't wait around for your life to happen to you. Find something that makes you happy and do it. Everything else is just background noise." George Mason

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    ประเทศไทยเพื่อน Founding Member Thai Dreamer ผู้เพ้อฝัน Changone's Avatar
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    Wedding Bells...Dan Dan dada...Dan Dan dada...

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    เมืองเชียงราย Thai Dreamer ผู้เพ้อฝัน Rivo's Avatar
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    Quote Originally Posted by Nomad View Post
    Congratulations mate. Very happy for you.

    Thanks mate, and I have thought about your words of wisdom, I could remember our convo in Bangkok regards pre nups.
    A Wise Man Once Said "Nothing"

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    เมืองเชียงราย Thai Dreamer ผู้เพ้อฝัน Rivo's Avatar
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    Quote Originally Posted by Changone View Post
    Wedding Bells...Dan Dan dada...Dan Dan dada...

    Halfway there 555
    A Wise Man Once Said "Nothing"

  20. #20
    ประเทศไทยเพื่อน Founding Member Thai Dreamer ผู้เพ้อฝัน Changone's Avatar
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    Quote Originally Posted by Rivo View Post
    And does that also include half of my debts ? 555

    In a word, Nope.

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