De facto question

Alt J

Hey guys, me and my girlfriend will be going out two years in June. She is Aussie, we have not been living together, nor a joint bank account etc. Im returning too Ireland in a few weeks as my second year visa is finished. I was just wondering if there are any other de facto visas I could apply from in Ireland where I could return to Australia

Cheers.

pete4130

If you haven't been living together, then you haven't been in a de facto relationship. You won't have any proof of a committed long term relationship to provide to immigration like bank accounts, rental leases, bills etc...


You could try for a de facto visa, pay the $6000 or whatever it costs now and get rejected, lose the money or be found out to be lying to immigration and possibly get banned from Australia and potentially ruin any future visa applications. I wouldn't recommend it though.

They ask for a LOT of information to prove you have been in a de facto and they aren't stupid.

Your best option is for your girlfriend to go to Ireland for 12 months with you and be in a de facto relationship in Ireland and apply from after that. Start now by getting bank accounts together, maybe living together until June to get the ball rolling earlier.

woolymammoth

Alt J wrote: »

me and my girlfriend .. going out two years in June ... we have not been living together ... wondering if there are any other de facto visas

What is a de facto relationship?
A de facto relationship is defined in Section 4AA of the Family Law Act 1975. The law requires that you and your former partner, who may be of the same or opposite sex, had a relationship as a couple living together on a genuine domestic basis.

I am in a defacto relationship. I cannot recall the last time i called my partner my girlfriend. It would be an insult to the relationship to be honest.

you and your girlfriend are in a relationship, but the de-facto part is debatable. There are de-facto visas you can apply for while outside of Australia, but you would be wasting your time & money applying for one right now in my opinion.

If it's true love, maybe she can move to Ireland, if only for a couple of years!?

jamesdiver

One of the key criteria is 12 months minimum living together. There are some exceptions but these only apply if there is dependent children or your partner is on a humanitarian visa.

If you get married you don't need 12 months de facto and it's a different visa stream, however you still need all the same evidence for financial, physical, emotional support etc.

Sounds like a stressful situation you are facing if you have to leave and she stays. Best of luck with it.

anyaswan

Hello people who anyhow linked to this uneasy topic
I have applied for the de facto 11 weeks ago. Has anyone applied recently? Each time I ask INIS how long I should wait they increase weeks more and more. As far as I understood their explanations after you applied you have to wait for the first answer where they will say that my application has been accepted for processing. And then you wait again about 6 months to receive the answer: YES or NO. I will drop telling my concern about all these rules about two years and so on, and how we can live together and be happy without all of these painful processes.
How long should I wait more to receive at least any answer? And if they reject, do they do it straight away or they will first take into process and then after 6 months they can give the certain answer?
Looking forward for answers, please!!!

AngryHippie

Mine took over 3 months to get to the top of the pile, then some more information was requested and submitted, another month or two went by.....

It's a slow process, and a long time to be on a bridging visa.

If you meet all of the criteria, you will be granted the visa, It is that simple, if not, you will most likely be refused.

You will wait on your bridging visa, until the application has been fully processed, Yes or No. If there is not enough evidence to prove one of the criteria, they will normally give you the opportunity to submit additional evidence, but if it's clear that you don't meet the criteria, your goose is cooked, it will be a no.

in my application, I had to submit a subsequent Federal police check before final grant of visa, as the 12 month validity period for the clearance certificate had elapsed.

It is hard on a relationship when there is constant pressure to plan your future, and you don't have any answers for the OH on how long it will all take.

If you are confident you meet all of the criteria, get on with your life as if you have already been granted the visa (Beware of travel and employment conditions and your bridging visa terms) Don't put your life on hold for it, plan your future and it will all be okay.

anyaswan

Thanks a lot for your answer. I will try to be more patient. Could you tell also more about travel and employment conditions and your bridging visa terms. In INIS they don't explain anything.

lg123

jamesdiver wrote: »

One of the key criteria is 12 months minimum living together.

where does it say that?

anyaswan

First time I see 12 months, it is writte on the INIS site: "In order to assess whether the couple is in a genuine long-term relationship it will be necessary for the couple to provide dated documentary evidence of cohabitation for at least two years. i.e. the couple must be able to show that they have been living together for at least two full years immediately prior to the date of application"

anyaswan

First time I see 12 months, it is writte on the INIS site: "In order to assess whether the couple is in a genuine long-term relationship it will be necessary for the couple to provide dated documentary evidence of cohabitation for at least TWO YEARS. i.e. the couple must be able to show that they have been living together for at least two full years immediately prior to the date of application"

pete4130

I was waiting nearly 11 months on my Bridging Visa A before they asked me to supply all the necessary documentation to move onto the 820 Visa. I had 28 days to provide this information. Then, after my documentation was submitted, it took about 3 months to move onto my 820. I stayed on my 820 visa for about 15 months before submitting more documents and then my 801 came through.

You can't leave the country unless you apply for a Bridging Visa B specifying dates of travel. This suspends you Bridging Visa A until you arrive back into the country. If you travel without the Bridging Visa B, then you lose your Bridging Visa A status. That is my understanding of how it works.

All the info you need should be in here:

https://www.border.gov.au/Forms/Documents/1127.pdf

anyaswan

Thank you for your answer, pete4130, but I applied for DeFacto with Irish resident (my partner is French living in Ireland)

AngryHippie

anyaswan wrote: »

Thank you for your answer, pete4130, but I applied for DeFacto with Irish resident (my partner is French living in Ireland)

Did I miss something here ?

Are either of you Australian citizens ?
If not, you are barking up the wrong tree on an 820/801 application I think....

Peregrinus

I think the confusion is that Anyaswan hasn't spotted that this thread is in the "Australia" forum. Anyaswan has applied for a de facto visa for Ireland.

Anyaswan, all of the anwers you have recieved are from people who obtained de facto visas for Australia, and what they tell you relates to their experience of applying to the Australian government for an Australian visa.

AngryHippie

It all makes sense now.

Best of luck dealing with the Irish Ham-fisted bureaucracies Authorities. :eek:

I would be interested to hear how this plays out though, My Wife is keen to explore dual citizenship down the track as it would make travel with kids etc. much easier should we ever decide to spend any extended period of time there.