De Facto Visa Applicant

anntotsky · May 2017

Tanong ko lang po. Pano kung married ug mag aapply pero matagal ng hiwalay, on going na ung annulment. Pero may 2 kids... if pede magprovide cert from court na on going ung annulment..pano po ung 2 kids? Ano ano issubmit na details sa immig? Kailngan pa ba? Or ndi na need?

pinoytalker · May 2017

Hi uys, I am about to lodge a Partner Visa (de facto) this week.
My gf is currently in Melbourne (on a tourist visa max 3 mos)
I would like to register our relationship sa victoria para ma waive ang 12 month need to prove that we are living together for 12 mos. Who did the same?

TotoyOZresident · September 2017

hi everyone, ask ko lang kung may alam kayo sa cert of impediment Marriage form. kung nilagay nyo pati middle name nyo sa given name. Thanks

Ryan A · November 2017

Hello. recently naglodge ako ng visa application ko (189) and then ginawa kong non-migrating member ung partner ko as de facto. ngaun nag require ung case officer ng evidence. na submit ko naman ung evidences and ngayon under assesment parin ung visa ko mga 3 weeks na. ask ko lang po kung ano ang kalalabasan ng partner ko kung dependent ba or parnter visa. ang pagkakalaam ko kasi magkaiba ang fee ng dependent and partner visa. TIA sa sasagot. good day!

helaena · October 2018

@anntotsky Hello po kmusta po application nyo? same case po tayo yung partner ko po eh married dati gusto ko sana sya isama sa PR application ko as defacto.Ongoing po annulment nya.We've been together for 7 years na and May isa po kaming anak(4 y.o)..Ok lang po ba isama ko sya?Ano po kailangan nga isubmit na proof na wala na po sila ng ex wife? Pwde na po ba yung petition?

cucci · October 2018

@helaena according to the Family Law Act of 1975 Section 4AA No 5b, a de facto relationship can exist even if one of the persons is legally married to someone else or in another de facto relationship.

helaena · October 2018

@cucci enough proof na po ba yung petition sa annulment ng partner ko po?

cucci · October 2018

@helaena A de facto relationship refers to one that includes two people living together as a couple (including same-sex couples) on a genuine domestic basis; the couple is not legally married or related by family.

- at least 1 year relationship
Documentary proof can be the following:
1. Statutory declaration by both parties in the relationship
2. Statutory declaration from friends and/or family members/relations.
3. Financial documents showing ownership by both members in the de facto relationship (bank statements, mortgage, real properties)
4. Utility bills showing the same address
5. Airline tickets and/or hotel reservations showing both your names
6. captioned photos showing both of you together with friends and families or taking holidays together

Yung petition for annulment may not be needed kasi pwede nga kahit kasal pa ang kahit sino sa relationship.

helaena · October 2018

@cucci Thank you po sa info..

anntotsky · November 2018

@helaena my mga kakilala kami..na married pa ung isa..then nasa australia na ngyn..ako ngyn nman annulled na partner ko..pro nasa acs at pte pa lng kami.. so sana maganda result..then ang ginawa ko nag iipon nako ng de facto documents to support..example ng naipon ko

1. Tenancy agreement - we are living in for more than a yr now
2. Credit card bill - supplementary ko ung prtner ko
3. Air tickets
4. Mga remittance receipt - sakin sya nagreremit na account
5. Phone bill - nakaname sa knya ung ginagamit kong number

Balitaan kita kung ano na progress..kaw ba?

Mia · November 2018

@anntotsky I’m not sure if you found the answer to your question before about bringing your partner’s kids. Their other parent only needs to sign the form 1229 consent form

Filaussiephy · November 2018

Hi @helaena! Since may anak na kayo ng current partner mo, malakas na evidence na yun sa tingin ko pero you still have to present pieces of evidence that you're living together and sharing responsibility sa household for at least 12 months tulad ng sabi ni @anntotsky. I have more info regarding this on my blog post:

https://filaussiephy.com/de-facto-relationship-101/

Sana makatulong.

anntotsky · November 2018

@Mia pano un kung dpa namin issama? Sa application ung kids? Do we need to get the consent form as well?

helaena · November 2018

@Filaussiephy Thank you for the info..Very helpful sya

Filaussiephy · November 2018

@helaena You're welcome! Feel free to read my other posts. Baka makatulong sa next steps niyo.

edmariel · February 2019

@cucci hi po, May idea Po kau sa question po sa mga de-facto na lumabas ng Pinas, Anong hinihingi po sa Immigration satin para maka exit, actually Dito na din ako sa Ausie, sa Sg kasi ako nag exit Nong napunta dito and uwi kasi kami nextweek baka May mga requirements pa sa immigration satin para malalabas kasi de facto ako, first time ko lalabas from there. Yong partner ko kasi Nakapag exit na sya sa Pinas? Salamat po.

cucci · March 2019

@edmariel Sorry sa late reply.... in most cases, wala naman pong hassle sa immigration sa Pinas. They will just check that you have a visa and you have complied with local requirement for that specific visa like if you're the primary visa holder and you hold a working visa, you must have OEC clearance... if migrating, there must be a CFO sticker, etc.

edmariel · March 2019

@cucci hello, okay lang. naging okay naman Po. Visa lang naman hiningi. Heheh first time ko kasi that time lumabas na di na ofw. ☺️ Thanks ulit.

jonathan7082 · June 2019

Hi to all..makikibalita po to those who applied for defacto Visa who are still married but wanted to include their current partner and their child on migration process. Accepted kaya ng Ausi immigration ang legal separation / annulment application certificate. Or is there still any other way to do that?.. TIA po sa mga magrereply / advise.

cucci · June 2019

@jonathan7082 This seems to be a good read. https://www.gotocourt.com.au/family-law/de-facto-relationships/

De facto relationship definition
A de facto relationship is a relationship in which a couple lives together on a genuine domestic basis. This definition is the same across Queensland, New South Wales, Victoria, Northern Territory, South Australia, Western Australia, Tasmania, and the Australian Capital Territory.

Couples who are same sex or opposite sex are included in the definition of de facto relationship under Australian law. A couple by marriage or who are related by family cannot be considered to be in a de facto relationship. However, if a person is legally married they can still be considered to be in a de facto relationship with another person they are not married to.

A person would not have a de facto partner unless they have lived together as a couple for two years without separation. Therefore, the length of time to be considered de facto is two years. However, if there are children or substantial contributions to joint property, exceptions are made to this rule.

De facto relationships are governed under the Family Law Act 1975. This means that your rights regarding property settlement, child maintenance and separation are dealt with under the Family Law Act 1975. De facto relationships in Western Australia are governed by the Family Law Act 1997 (WA), however.

jonathan7082 · June 2019

@cucci ..Thanks for the advise and highlighting the phrase "However, if a person is legally married they can still be considered to be in a de facto relationship with another person they are not married to"

Does this mean po ba na if I successfully provided all the required evidence on determining whether a couple is in a de facto relationship may chance ba na maapprove yun visa ng new partner ko at ng child nmin?

Do you have any kind of reference with same situation that have been approved by Ausi Immig.

cucci · June 2019

@jonathan7082 Based on some readings, as long as you satisfy the requirements there should be no problem with the application.

https://www.pomsinoz.com/topic/206598-defacto-relationship-while-still-legally-married/?tab=comments#comment-2493915

Summit_Migration · July 2019

hi all, Once you're married, you cease to be de facto. The question of whether you can be de facto while you are married is irrelevant both legally and for the sake of partner visa eligibility.

If you are applying as a de facto couple you should obtain a civil partnership certificate. You can find more info in this Partner visa Guide.

arki_jigz06 · August 2019

Hi question lang. may GF ako and 9 years na kami and engaged na din but we are not living together. But we can prove naman yung relationship nmin. If ever on going ba ang visa, tas nag pakasal kmi during our application, makakaaffect ba yun sa application nmin? TIA

unicayen · September 2019

Hi! Ask ko lang po, I am planning to study in AU and I want to include my BF sa application ko as de facto. Pupwede po ba yun? Parehas po kami offshore

cucci · September 2019

@unicayen said:

Hi! Ask ko lang po, I am planning to study in AU and I want to include my BF sa application ko as de facto. Pupwede po ba yun? Parehas po kami offshore

Is a boyfriend a de facto relationship?
Different definitions apply, depending on the context, but a de facto relationship basically requires that you and your partner live together on a genuine domestic basis, and are not legally married to one another or related by family.

arki_jigz06 · September 2019

Hi question lang. may GF ako and 9 years na kami and engaged na din but we are not living together. But we can prove naman yung relationship nmin. If ever on going ang application for GSM as de facto partner visa, and we get married during application, makakaaffect ba yung sa application namin? need ba namin mahintay na mainvite of ma grant ng visa bago kami magpakasal? tia

unicayen · September 2019

@cucci we've been together for almost 2 yrs now (1yr & 10months to be exact) but since we are in Dubai where in de facto relationship is strictly prohibited by law, we are not living together. As a proof, can we present a Statutory Declaration of our relationship? and some supporting docs like airline tickets that we have travelled together, pics with family and friends?

cucci · September 2019

@unicayen said:

@cucci we've been together for almost 2 yrs now (1yr & 10months to be exact) but since we are in Dubai where in de facto relationship is strictly prohibited by law, we are not living together. As a proof, can we present a Statutory Declaration of our relationship? and some supporting docs like airline tickets that we have travelled together, pics with family and friends?

A StatDec from both of you as well as some people who know you (families, friends) can be presented as proof, as well as pics and tickets where you traveled together. These, of course, will be subject to the assessment and discretion of the Case Officer.