Australian Partner Visa: Proof That You and Your Partner Are in a De Facto Relationship

The Australian Partner Visa Application Process
September 24, 2018

Portrait of affectionate couple having coffee in cafe

Proof That You and Your Partner Are in a De Facto Relationship

A romantic relationship can be complicated, and it can be doubly challenging if your partner comes from another country with a different culture, language, and beliefs. But a romantic relationship can also be very fulfilling if you and your partner are able to face hurdles and overcome them together.

If you have finally decided to live together in Australia and begin the visa application process, you might be in for another challenge. The process of obtaining a provisional or permanent partner visa can be daunting especially if you and your partner have only been together for less than a year or have not lived in the same house together for the past 12 months. Read on to learn more about the proof that you need to present as evidence of your de facto relationship and increase your chances of getting your visa application approved.

What is a De Facto Relationship?

You and your partner must satisfy several criteria for your relationship to be considered as a de facto relationship by the Australian government. First, you and your partner–whether of the opposite or same sex–should not be related to each other as a family and you are not legally married to each other. Your relationship must also be continuous, committed, and genuine.

The 12-Month Factor

But before you begin filling out forms to lodge your application for an Australian partner visa, consider the 12-month factor of your de facto relationship. The Australian Department of Home Affairs explicitly states that the relationship should be ongoing for 12 months or more and that you and your partner have been living together in the same abode for a year or more for it to be considered a de facto relationship.

The government understands that couples in a de facto relationship sometimes need to live apart for a period. In a case like this, the government still recognizes the de facto relationship on the condition that the said relationship has been ongoing for a year or more and if you and your partner can present some evidence. And here is where it all gets a little complicated.

Evidence You Can Present to Prove That You are in a Genuine De Facto Relationship

To increase the chances of success of approval of your Australian partner visa, it is recommended that you consider the timing of your application carefully. If there is no compelling reason to rush the application, it is best that you wait until you have satisfied the 12-month cohabitation rule before lodging a visa application.

But if you really must apply and you and your partner have lived only intermittently for the duration of your relationship, be prepared to submit the evidence required by the government. Proof of your de facto relationship may include but is it limited to:

* A signed statement narrating the history of your relationship. This will include but is not limited to the details of how and when you met, whether you and your partner are living together with your current living arrangements, and your future plans.

* Evidence of the financial aspects of your relationship. This includes property titles (if you and your partner own a house together) or joint lease agreements under your own name and your partner’s. The government may also require you to submit a proof of address which may include correspondence in your name and your partner’s in the same address, as well as bank statements and proof of loans you and your partner have undertaken together.

* If you and your partner have children, you should give details about who takes care of them and/or who supports them financially. You should also give details about your domestic arrangements.

* Evidence of your social life which may include joint invitations to certain events, photos taken with your mutual friends and photos of you and your partner attending events or doing things together, such as attending a common friend’s birthday or wedding, participating or watching a sports event, travelling, or watching concerts

As you will need comprehensive information on various proof of your relationship, we recommend that you consult a migration agent before lodging an application.

If, however, there is a compelling reason that forces you to lodge an application (such as when you and your partner already have a child together or if same-sex relationships are illegal in your native country), then the government may make an exemption to your case.

Exemptions may also apply to cases such as:

* when your relationship falls under the Registered Relationship category (valid and recognized only in certain Australian states and territories)

* you or your partner had been issued a permanent humanitarian visa or have submitted an application for a permanent humanitarian visa.

To learn more or to get clarification on your situation call us today on 043 183 2490 today!