If you’re in a de facto relationship with an Australian partner and looking to apply for a partner visa, understanding the specific requirements for de facto relationships is crucial. Failing to meet these requirements can lead to the refusal of your visa application, so it’s important to get it right. In this comprehensive guide, we cover everything you need to know about applying for a de facto partner visa in Australia, including key requirements and common questions people ask during the process.
What Is a De Facto Relationship for a Partner Visa?
A de facto relationship, according to Australian migration law, has specific criteria that you and your partner must meet to be eligible for a partner visa. It is important to note that a de facto relationship for migration purposes might differ slightly from the everyday understanding of the term. To meet the definition of a de facto relationship, you must:
- Not be married to each other.
- Have a mutual commitment to a shared life to the exclusion of all others.
- Have a genuine and continuing relationship that is ongoing.
- Live together or, if living apart, the separation must only be temporary (i.e., you can’t be living ‘separately and apart’ on a permanent basis).
- Not be closely related by family (e.g., siblings, parents).
- Both partners must be at least 18 years old.
What Documents Do You Need for a De Facto Partner Visa?
When applying for a de facto partner visa, you will need to provide various documents as evidence of your relationship. Some key documents include:
- Proof of financial arrangements, such as joint bank accounts, shared debts, or joint property ownership.
- Social evidence, showing that your relationship is publicly recognized, like social media posts, photos with friends and family, or any joint travels and events.
- Living arrangements, such as a shared lease agreement or utility bills in both names.
- Personal statements from both partners describing the relationship and your intentions for the future.
Can You Apply for a Partner Visa Without Living Together in Australia?
One of the most common questions we receive is whether it is possible to apply for a partner visa if you and your partner have not lived together continuously. The answer depends on the nature of your relationship. Immigration authorities understand that there are situations where couples may be temporarily apart due to work commitments, travel, or other reasons.
If you haven’t lived together for the entire duration of your relationship, it is crucial to provide strong evidence showing that this separation is temporary. As long as you and your partner have lived together at some point and are committed to continuing the relationship, you can still meet the definition of a de facto relationship for the visa application.
How Long Do You Need to Be in a De Facto Relationship to Apply for a Partner Visa?
Another key requirement for the de facto partner visa is that you must demonstrate that you have been in a de facto relationship for at least 12 months at the time of your application. However, there are exceptions to this rule. You may be able to apply for a partner visa before reaching the 12-month mark if:
- Your relationship is registered with an Australian State or Territory Government.
- You can show compelling evidence that your relationship is genuine and ongoing, such as a child in the relationship or if it is illegal for you to live together in your home country.
How to Register a De Facto Relationship in Australia
In some cases, registering your de facto relationship with an Australian State or Territory Government can help streamline your partner visa application. Relationship registration legally recognizes you and your partner as a couple, providing you with certain legal rights and responsibilities.
Each State and Territory has its own requirements for registering a de facto relationship, so be sure to contact the relevant authority for more information. Registering your relationship can help speed up the visa application process, especially when applying for a partner visa.
What Are the Key Factors Immigration Looks for in a De Facto Relationship Visa?
When assessing your de facto relationship visa application, Immigration will look at several factors to determine if your relationship is genuine. These include:
- Financial commitment: Evidence of joint financial arrangements, such as bank accounts, shared bills, and other financial commitments.
- Social recognition: Proof that your relationship is recognized by friends, family, and the community. This could include joint social activities, family gatherings, and public acknowledgment of your relationship.
- Living arrangements: Proof of shared living arrangements or detailed explanations of any temporary separations.
- Commitment to each other: Information about the length and history of your relationship, how you maintain contact when living apart, and your future intentions.
How to Prove Your De Facto Relationship for an Australian Partner Visa
Proving the genuineness of your de facto relationship is one of the most important aspects of your partner visa application. Immigration authorities will consider various types of evidence to assess your relationship, including:
- Joint financial accounts or shared property.
- Testimonies or statutory declarations from friends and family who can attest to the authenticity of your relationship.
- Evidence of joint travel, social engagements, and public acknowledgment.
- Statements from both partners about how your relationship began and its progression over time.
Proposed Changes to De Facto Partner Visa Applications
It’s also essential to stay informed about potential changes in the sponsorship framework. Recently proposed changes could significantly affect the de facto partner visa process, including:
- Separate sponsorship assessment: Sponsors may need to be approved before the visa application can be lodged.
- Stricter sponsor approval: A more thorough process to approve sponsors could lead to longer processing times for de facto partner visa applications.
These changes, if implemented, will likely increase the processing time for partner visa applications, so it’s essential to stay ahead of any changes that may impact your application.
Contact Us Today for Expert Advice on Your De Facto Partner Visa Application
Navigating the complexities of the de facto partner visa application process can be overwhelming, but you don’t have to do it alone. Our team of expert migration agents is here to guide you through every step, ensuring that your application is complete, accurate, and meets all the necessary requirements.
Contact us today on 02 8077 2562 to book a consultation and get professional help with your de facto partner visa application.
Let us take the stress out of the process and ensure that you have the best chance for success!
