De facto Visa Help!!! Sender: welshtony


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Yes, good advice from Test - The relationship could be considered as a 20 month de-facto relationship Iif applying late into the WHM visa) despite the 3 months physical separation - the legal requirement for the 12 month period immediately before applying for the visa being " have not been living separately and apart on a permanent basis". So the 3 month separation in the middle will not be an issue. There is noo "Continuous" requirement. So keep evidence of all contact for that period.

Another tip is to make sure that you both put that your marital status is Defacto on your incoming pbuttenger cards. There is a risk that this could be picked up at the airport and they decide that she is not a genuine WHM, that is a risk that you take but make sure you do not make any false statements or declarations along the way as it could really make things difficult for you.

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Depending on how strong the evidence is with your 6 months in the UK, this would determine when to lodge the defacto application e.g. you have some evidence of coahabitation going back 6 months but at month 3 you actually opened a joint back account - in that case in may be better to apply after being in Oz for 6 months so that you have 12 months evidence of joint bank account. So there is no easy answer to the timing without knowing the level of evidence you have etc.

Tony

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