@juju06 said:
@cjgr said:
@mlhg_ten said:
@ryanV said:
Hello, I would like to ask, I have an invitation to 189 in Oct 2021 round. In my EOI lodged April 2020, my partner and I are on a de facto relationship. However, we got engaged and getting married on Dec 2021. In the visa application, can I change the relationship status to Engaged and still get married on Dec. 2021 after submission of visa requirements? Will that be okay? and what will be the requirements when engaged? We already have marriage license, maybe that will suffice, or is it same as de facto requirements?
Hello good day! Seeking advise on this. We're on a similar situation. iTA received yesterday but we're getting married March next year. Thanks in advance for the assistance.
Hello. Hingi din sana ng advice. Similar situation. Nakareceive ako ng ita for 189 tapos nilagay ko yung bf ko as de facto pero hindi naman kami living together. Pero plan na rin namin magpakasal. Thank you po.
DHA website clearly states that for your partner to be considered as your de-facto, you should have been living together for at least the past 12 months. Not sure why you claimed this being aware that you don't satisfy the required condition.
I don't think you can lodge a visa since you will have to prove your de-facto relationship. Since you have not been living together for 12 months, you can't prove it, and thus the likelihood of your application to be rejected.
Hindi porket may intimate nangyari, defacto na. Single/Never Married ka parin/ Sa Form 80, idedeclare mo siya as bf and name. Hanggang dun lang. Pero single/never married parin ang status.
Maraming criteria and defacto. Sobrang dami ang kailangan
https://paxmigration.com.au/migration-info-centre/evidence-of-genuine-and-continuing-relationship/
What Is A De Facto Relationship For Visa Purposes?
Under the Migration Act, a person is in a de facto relationship with another person if they are not in a married relationship (as outlined above) with each other but:
(a) they have a mutual commitment to a shared life to the exclusion of all others;
(b) the relationship between them is genuine and continuing;
(c) they:
(i) live together; or
(ii) do not live separately and apart on a permanent basis; and
(d) they are not related by family.
Before we continue our discussion, you will note from the above that a factor common to both married and de facto relationships is that it is a genuine and continuing relationship.Â
Additional Factors To Consider
In addition, when making a decision on either an onshore or offshore partner visa application (for both married and de facto relationships), the Minister for Immigration must consider all of the circumstances of the relationship, including the following:
(A) the financial aspects of the relationship, including:
(i) any joint ownership of real estate or other major assets;
(ii) any joint liabilities;
(iii) the extent of any pooling of financial resources, especially in relation to major financial commitments;
(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; and
(B) the nature of the household, including:
(i) any joint responsibility for the care and support of children;
(ii) the living arrangements of the persons; and
(iii) any sharing of the responsibility for housework; and
(C) the social aspects of the relationship, including:
(i) whether the persons represent themselves to other people as being married to each other;
(ii) the opinion of the persons’ friends and acquaintances about the nature of the relationship; and
(iii) any basis on which the persons plan and undertake joint social activities; and
(D) the nature of the persons’ commitment to each other, including:
(i) the duration of the relationship;
(ii) the length of time during which the persons have lived together;
(iii) the degree of companionship and emotional support that the persons draw from each other; and
(iv) whether the persons see the relationship as a long-term one.
Additional Regulatory Requirements For A De Facto Relationship
In the case of a de facto relationship, both the applicant and their de facto partner must be at least 18 years of age at the time the application is made.
Additionally, to meet the definition of a de facto relationship when applying for a partner visa, it must have been in existence for at least the period of 12 months ending immediately before the date of the application unless:
compelling and compassionate circumstances exist; or
the de facto relationship is registered by a State or Territory Government agency in Australia.
