Help - Defacto application - Are these documents sufficient?

[Bibabibab]

Hi Guys

Just wanted to get your thoughts about what my chances are with this application. I already put this question in the EEA forum, but thought maybe different people frequent each. Woud appreciate your thoughts.

I am an Australian citizen who has been going out with an English citizen since May 2009, and living together for most of the time since September 2009.

I am currently working in the UK in the public sector under the Tier 5 which expires mid September 2011. My partner is also employed earning around 28k a year.

Time line of relationship is as follows:

Met in May 2009. She moved in me in September 2009. We both out of my house and back to my mother's house in February 2010. She moved back to the UK in June 2010. I was looking to apply for the Tier 1 and then move but the rules changes. So I applied for Tier 5 and moved in September. I lived with her and another house mate when I moved to the UK. During November and December I went travelling around Europe by myself, she met me for a week in Poland. From end of December 2010 to June 2011, I lived with her and her flat mate. In July 2011 we moved out to our own place, where we currently are. We are looking to move out again to live with house mates to save some money.

Now problem is, this would be a relatively safe bet if it was well documented. I have looked at all we have and this is it:

1. For period where she lived with me in Aus:
She was not on my lease, and never bothered changing her address with the bank. So essentially, all we could have is a note from the doctors saying that my house was the registered address, and a note from the employee saying the same.

2. For period where she lived with my parents:
No lease obviously, and still did not change bank account. We have note from employer, note from doctor and her australian visa application going to that address.

3. When I moved to the UK:
We got a joint bank account, but that is pretty much it. She is the only person on the lease (because she got there 3 months before me) and the bills. I doubt we can get a letter from her landlord saying I lived there. I registered with the doctors around March 2010 at that address, and I can get letters from employment agents dating from February 2010 saying that was my registered address. Also have a letter going there from a university addressed to me from May 2010. But unfortunately not much except the bank accounts from September 2009 until then.

4. From July 2011 till now:
Joint bank account. Joint lease and bill in one of names only. Water bill etc goes straight to Landlord so we don't have anything like that. Pay slips have also been going to this address, and I can get a letter from my employer.

So want to ask you guys what you think my chances are, if I apply now, or wait till end of September. Do you think I even have a chance of succeeding in September when I have been living in the UK for 2 years given that we have such scarce evidence of cohabitation for the first 6 months of me having lived there?

I am so worried and have been anxious about this for the last year.

Appreciate your thoughts.

[Obie]

Your relationship with this British person does not seem fully documented and might not be sufficient to satisfy caseworker you meet the common law partner requirement

[Bibabibab]

Is there anything we can do at this stage to strengthen our case? What sort of documentation do we need? Would wills and letters from family members so the job?

[Obie]

I know you are under huge pressure due to your tier 5 visa expiry this autumn, however i will suggest you delay application until towards the end of the validity of your visa and get references from family, friends, proof your parents owned the home you were residing in Australia. Evidence that during your tour of europe, you were in regular contact.

Basically the evidence you are like a committed married couple in all but paper.

[Bibabibab]

Thank you for your advice on this one. I really appreciate it. It can be a very stressful process as you can imagine, and it is good to get imput from you guys here.

I have no problem waiting till September to apply, obviously the uncertainy is going to be a pain, but as long as I know there is a good chance.

My real problem I think is the fact that from September 2009 till March 2010, the only evidence of shared accomodation/expenses is the shared bank account, and perhaps postcards addressed to both of us at the same address. <-- I am quite annoyed that we did not address this problem.

So essentially we would have 2.5 years of GP and employer evidence only that we living together. 24 months of shared bank account. 18 months of joing bank account, GP and employer info. 15 months of joing name on lease, shared bank account and other things going to the same address.

Not sure if I can really prove the regular contacting while travelling, I mean we have never been the kind of couple who constantly calls/sms each other. We probably talked something like once a week when I was travelling, and even then, I can't see how I can get this verified. (I am pretty sure I the emails we sent each other have been long deleted).

Even when I was in Australia and she was here (for the 3 months), we probably only had weekly skype conversation.

Do you think this is a hopeless case, even in September? Am I better off going through the EEA process or the DeFacto process? In either case I can wait till September, and apply from Australia.

[Casa]

You will need to prove that you have been living together throughout the 2year period 'in a relationship akin to marriage'...not simply 'boyfriend and girlfriend'.
From the information you've given, this may be difficult to do.

[Bibabibab]

That is certainly depressing to hear. As far as I am concerned, my relationship has been akin to marriage - we love each and have lived together when possible for over 2 years, there has been no issues with finances between us (really my money is her money and vice versa) <-- and this has seemed to have caused a problem because for a while everything was in her name and she would just take money out of our joint account when needed, and I have left a quite successful career in Australia to be here during the financial crisis (which has meant 7 months of unemployment for me and slowly crawling up the job ladder into a position that I am just starting to feel good about). To think that I would have to give this all up now and just go back does not feel good at all.

What would make them look at our relationship and say this is a bf/gf situation rather than an akin to marriage situation? Is it just because we do not have as many financial committments as other older people would? Would wills do the job?

Would you say that there is nothing that can be done to improve our chances until September?

[Casa]

Even younger couples can show 'joint commitments' ...the joint bank account helps but you need to show a documented history throughout the full 2 years.
Marriage?

[Bibabibab]

I don't see marriage as an option. Would like to take our time with that and not rush into it because of the visa.

For me marriage is just a legal process, but to her the ceremony seems to be extremely important, and does not want to rush into it yet.

We were too complacent in the first 7-8 months of me being here and did not think this through at all. I suppose the joint bank account alone for this period is not sufficient, but would getting a letter from the Landlord saying that I was staying there for that period help? (he is awefully hard to get track of, and I cannot see him bothering to do this but I guess it is worth a try)

Would transfers showing me sending her money from Australia to set us up here while I was over there help?

Are they more lenient the EEA route btw?

Thanks for all the input, I am just so worried at the moment.

[Obie]

The EEA route is not an option for 2 reasons.

1. You and her have never resided as man and wife in a memberstate other than the UK , where she worked or was self-employed.

2. Regulation 9 does not make provision for durable partners, and even if it did, you may not qualify as the same criteria for unmarried partner is used in determining eligibility

If she is serious about your relationship and believes your future together is in the UK, then she will do what is necessary to enable you to stay. I am sure you get my gist.
That really should not be a difficult decision to make in my view.

Come next autumn rules might have changed which may favour you. But as things stand, i will advice not to waste your money on application and english language test. Actually you will be exempted from the test, if you cannot provide evidence showing your relationship is structured and sustained

[Bibabibab]

Hi, just a question. Are you saying don't apply now, or don't apply at all, even in september?

Also is there any indication that the rules may be changing in autumn? And for the better too?

Thanks again

[Obie]

It might help if your read through This and most importantly This

There are no planned changes for the better with regards to the immigration rules. As an optimist i always think things will change for the better, but i am feeling very isolated with this view now.

The recent change so far was This

Perhaps it will help if you sat with a legal expert, who will go through everything with you and explain the options available to do.

I wish you and you madam all the best mate.

[Bibabibab]

Thanks for that info. I guess it is hard to really know how much documentation they are going to expect.

I've done a little more digging and found:

The following for they time that we were in Australia in my mother's house:

Medicare registration for her. Tax statement for her. Visa registration for her, all going to that address.

I have Road Authority letters, bank statements and work related stuff going to the same address.

I have also found skype conversations that we had when I was in Australia and she was here and the ones from the 2 months I was travelling. Some sms between us as well, and a couple of emails. Looks like I have deleted most of the emails unfortunately though. Can also show that she visited me in Poland for a week when I was travelling too and that the money all came out of our joint bank account.

We are also each other's next of kin on GP registers for most of this period. So hoping maybe that would help.

I can also show that I sent her money when I was in Australia and she put some in her bank account and the rest in bonds (unfortunately in her name only).

Btw, I just realised that my first post was confusing because it may have sounded like I said we have a joint bank account in one of names only. Just to clarify, the joint bank account is in both our names. It is strange though that it is the only piece of official correspondence I have for the first 6-7 months of my stay in the UK. (I didn't even have my own separate bank account, and did not get an NI number until 9-10 months after arriving here).

Would a glutt of documentation for the last 12 months offset smaller amount of documentation for the first 18 months in any way?