fbpx

De Facto Relationship For Partner Visa:

De Facto Relationship For Partner Visa

De Facto Relationship For Partner Visa:

If you are in a de facto relationship with an Australian partner and are considering applying for a partner visa, it is essential to be aware of the specific requirements that apply to de facto relationships. Failing to meet these requirements may result in the refusal of your visa application.

In this article, we will provide a comprehensive overview of the de facto visa requirements that you must satisfy to be eligible for a partner visa in Australia. It is important to note that all relationships are different and do not present the same facts.

de facto relationship partner visa

What is a De Facto Relationship?

The definition of a de facto relationship in the context of Australian migration law is different from its ordinary meaning. To meet this definition, you and your partner 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
  • Live together, or if living apart, this must only be temporary and not on a permanent basis
  • Not be related by family
  • Both be at least 18 years of age

To demonstrate that you meet these requirements, you must provide evidence and information regarding various aspects of your relationship, including:

Financial aspects: To demonstrate the pooling of financial resources, joint asset ownership, and joint liabilities

Social aspects: To demonstrate that your relationship is recognized as genuine by others, including family and friends, and that you participate in social events and travel together

Household aspects: To demonstrate your living arrangements, domestic responsibilities, and care and support for children

Commitment to each other: To demonstrate the length and history of your relationship, your intention for it to be a continuing one, and how you maintain contact during any periods of living apart.

The Department of Home Affairs will assess your de facto relationship based on these factors, taking into account any other relevant information and the unique circumstances of your relationship. Although meeting these factors is not a legal requirement, they are critical elements that Immigration considers in determining the existence of a de facto relationship for migration purposes.

Duration of the De Facto Relationship

One of the key requirements for a de facto visa is to demonstrate that you have been in a de facto relationship for at least 12 months, as of the date of your visa application. There are certain exemptions to this requirement, including:

  • Compelling and compassionate circumstances exist for the grant of the visa
  • Your Australian partner was or is the holder of a permanent humanitarian visa and declared the existence of your de facto relationship to Immigration before being granted the visa
  • Your partner has applied for a permanent humanitarian visa
  • Your relationship is registered with an Australian state or territory government

Compelling and Compassionate Circumstances

To meet the “compelling and compassionate” condition, one of the following circumstances must generally exist:

  • There is a dependent child of the relationship
  • It is illegal for you to live with your partner in a de facto relationship in your home country

Note that other circumstances may also be acceptable, and each case will be assessed individually.

Relationship Registration

Registering your relationship with a state or territory government in Australia will result in the legal recognition of you and your partner as a couple, with accompanying legal rights and responsibilities. Each state and territory will have its own specific conditions for registering a relationship.

Time spent apart

In the context of Australian immigration, the time spent apart for partner visas is considered as part of the assessment of a de facto relationship for the purpose of a partner visa application. The Department of Home Affairs considers the time spent apart as part of the evidence of the ongoing and genuine nature of the relationship.

However, if the time spent apart is lengthy or if the partners live apart on a permanent basis, it may impact the Department’s assessment of the genuineness and continuing nature of the relationship, and therefore, the eligibility for the partner visa.

It is important to provide adequate evidence and explanations for any periods of time spent apart in the visa application, including evidence of regular contact, continued commitment, and intention to continue the relationship. The Department will assess each case individually and make a decision based on the evidence provided.

In some cases, the applicant may be absent from Australia and separated from their de facto partner. This may be common in onshore visa applications such as a subclass 820 visa.

There are circumstances that may be considered reasonable for an applicant’s absence from Australia which include, but are not limited to, the following:

  • if the applicant or an immediate family member has a serious medical condition that would make it unreasonable to expect the applicant to return to Australia. (If it is a medical condition of a family member, consideration should be given to other support options available to that person, particularly if the applicant asks that the decision be deferred for more than six months.)
  • if the applicant has personal safety or security concerns that will impact on their return to Australia, such as in times of natural disaster or civil unrest
  • overseas employment of the applicant or their partner where, because of work obligations such as a short-term contract or secondment, they cannot return to Australia in the short term
  • if the applicant or their partner is attending an overseas training course or study, or has an overseas scholarship that does not allow them to return to Australia in the short term.

What is a Form 888 for a de facto relationship?

A Form 888 is a document used in the Australian immigration process as a supporting document for partner visa applications. It is a Statutory Declaration form that is completed by third parties who have known both partners in the relationship for at least 12 months. The form is used to provide evidence to support the applicant’s claims about the genuineness and longevity of their de facto or married relationship. 

The third parties who complete the form should be able to verify the information provided in the visa application and offer insight into the couple’s relationship, including how they know the applicant and the applicant’s partner, and indicate how often they have been in contact with them. In addition, they should they should state how they believe the relationship is genuine and continuing.

Form 888 is an important component of the visa application process, as it helps to provide independent and impartial evidence to support the claims made by the partners. However, it is not a requirement for all partner visa applications, and the decision to request form 888s will depend on the individual circumstances of each case.

What is a relationship statutory declaration for a de facto visa?

A relationship statutory declaration for a de facto visa is a written statement in which an individual declares information about their relationship status. It is a legal document and is used in the context of immigration law for partner visa applications.

In a relationship statutory declaration, the person making the declaration (the declarant) must swear or affirm the truth of the information provided, including details about the length of their relationship, living arrangements, financial and social aspects, and their commitment to one another.

The purpose of this document is to provide evidence to support a claim for a de facto relationship in a partner visa application. The information contained in a relationship statutory declaration must be accurate, truthful and complete, and can be used as evidence to support the visa application.

What is a sponsor for a de facto relationship?

A sponsor for a de facto relationship in the context of Australian immigration is a person who is an Australian citizen, permanent resident or eligible New Zealand citizen who is in a de facto relationship with the visa applicant. The sponsor is required to provide sponsorship for the visa application and support the visa applicant through the immigration process. 

The sponsor is responsible for providing information about their relationship and financial circumstances, and must undertake to support the visa applicant financially and provide accommodation for them for the duration of the visa. The sponsor must also undertake to comply with the obligations and responsibilities of a sponsor, including reporting any changes in circumstances to the immigration authorities.

FAQS

Conclusion

In conclusion, the migration process for de facto relationships in Australia can be challenging due to the complex nature of migration laws. Every individual case is unique and requires a thorough understanding of the requirements and process. This is why we strongly recommend that you consult with an experienced migration agent before proceeding with your application.

A registered migration agent can provide you with the latest information on the de facto visa requirements and help you navigate the complex process with ease. They can assess your case, identify any potential hurdles and provide you with a personalised approach that is tailored to your needs and circumstances.

By seeking professional advice, you will have a better chance of having a successful outcome on your application. You will be fully informed about the requirements that apply to your case and the steps you need to take in order to maximise your chances of success.

At Migration Unity, our team of experienced migration agents is committed to providing you with the best possible advice and support. Our confidential consultations are designed to help you start off on the right foot and achieve the best outcome for your de facto visa application. Book your consultation today and take the first step towards a successful outcome.

What is considered a de facto relationship for Australian immigration purposes?

A de facto relationship for Australian immigration purposes refers to a couple who live together on a genuine domestic basis, but are not married or related by family. To be considered a de facto relationship for immigration purposes, the couple must have a mutual commitment to a shared life, be over the age of 18 years, not be married to one another, have a genuine and continuing relationship, live together or have only temporary periods of living apart, and not be related by family.

What are the requirements for a de facto visa? 2

The requirements for a de facto visa include demonstrating that you have been in a de facto relationship with your Australian partner for at least 12 months, unless you meet one of the exceptions such as having compelling and compassionate circumstances, having a registered relationship, or your Australian partner holds a permanent humanitarian visa. You will also need to provide evidence of the key elements of your de facto relationship including financial, social, household, and commitment aspects.

What are the compelling and compassionate circumstances for a de facto visa?

The compelling and compassionate circumstances for a de facto visa typically include having a dependent child in the relationship, or it being illegal for you and your partner to live together in a de facto relationship in your home country. However, there may be other reasons that are acceptable to the immigration authorities, and each case is evaluated individually.

Can I register my de facto relationship with a state or territory government for a de facto visa?

Yes, registering your de facto relationship with a state or territory government will legally recognise you and your partner as a couple and can exempt you from the requirement to demonstrate 12 months of de facto relationship for a de facto visa. The specific conditions for registering a relationship may vary depending on the state or territory. In Western Australia and Northern Territory registering a relationship may not be recognised for migration purposes.

What kind of evidence should I provide to demonstrate my de facto relationship for a de facto visa?

To demonstrate your de facto relationship for a de facto visa, you should provide evidence of the key elements of your relationship including financial, social, household, and commitment aspects. This may include joint bank statements, joint property ownership, letters from friends and family, photographs, shared social events, and other relevant documentation that demonstrates your relationship. It is important to provide as much evidence as possible to support your de facto visa application.

Taina Silva

Taina Silva

Director | Registered Migration Agent
MARN: 1802671 | MMIA: 19470

Taina is a Director and Registered Migration Agent of Migration Unity, specialising in skilled work visas, partner visas and complex cases. She has an outstanding track record of approvals and provides a range of timely, ethical and transparent solutions to Australian businesses in various industries, including hospitality, construction, health, IT and regional operations. She has a growing client base which consists of migrants from all over the world and small to medium enterprises through to large national groups