We’re a team of Migration Specialists who advise daily on visa applications for de facto partners, unmarried or new couples. Understanding your visa and pathway options can be confusing and lead you down the wrong path. Save time and energy and get expert advice from the start.
Australian citizens and permanent residents (along with our New Zealand neighbours) have the capacity under Australian law to sponsor an overseas partner for a Partner Visa within Australia (subclass 820/801) or outside of Australia (subclass 309/100).
There are around 60,000 partner visa applications every year, and let’s take a minute to stop and appreciate that in Australia it’s possible to meet someone, fall in love, plan a future together and not worry about having to be separated due to visas expiring or running out of options.
So let’s start by looking at what are the basic de facto visa eligibility requirements
- You and your partner must have been living together (in a de facto relationship) for at least 12 months immediately before making the application or have registered your de facto relationship before making the application
- If you are living apart, you must be living apart only temporarily.
- One partner must be an Australian citizen or permanent resident, or an eligible New Zealand citizen. Usually this person will be over the age of 18.
- Both must be able to demonstrate a commitment to a shared life as partners in a genuine relationship.
With the above mind, what else is important to keep in mind:
- You’re not just boyfriend and girlfriend (think housemates)
- The relationship is seen as being genuine
- There are no schedule 3 criteria hanging over your application (this is a little more complicated so speak to a migration agent or lawyer in order to clarify if this applies to you)
What we see with the above is the real issue in partner visa applications is demonstrating credibility. When the Departmental Officer reviews your case, they aren’t specifically looking for an over supply of photos, or letters written from friends, but based upon everything supplied in the application, they want to see that the relationship is genuine.
But what else do they look for. The Department of Home Affairs will also consider the following four aspects of a relationship and seek proof of this:
- Financial aspect of the relationship
- Nature of the household of the relationship
- Social aspect of the relationship
- Mutual commitment (or how you both see your current relationship and future together)
While there is an expectation that you can prove the above, it’s okay if you can’t. You can always address what you are missing in a well written and presented statement where you address what’s missing or how you meet the certain aspect.
What happens if we haven’t lived together for more than 12 months?
If you find yourself in the situation where you haven’t been living together for more than 12 months (the relationship is a bit fresh) but you are madly in love and you don’t need to wait for the 12 months, there is a solution.
Migration regulations state that the relationship can be registered within your state in which you are residing. However not all states and territories allow registration. In most states and territories, you’ll get a certificate issued to you in about a month, however at the time of writing Western Australia, South Australia and the Northern Territory are not states which are suitable for registration. Couples registered in those states must still show that they have been in a de facto relationship for over 12 months.
Lastly, what are the chances of having your visa approved? Well taking into account all of the above, we always suggest that you make sure the relationship is viewed as being genuine, and that you meet the four aspects of the relationship. Ensuring all of this then you’ll almost be guaranteed a successful visa outcome.
Do you have any other questions? Via our home page make sure you book in a 15 minute conversation where we can answer any questions you might have directly relevant to your situation.
Please note that the above information is general and not exhaustive nor specific to your case. We always advise that you firstly speak to a migration agent or lawyer.
