Establishing Relationship for Australian De Facto Visa Applicants

de facto partner

For people who wanted to stay or visit Australia, applying for a de facto visa is one of the surest ways to realize their dreams.

Under Australian immigration law, this type of visa is granted to people who are engaged in a mutual bond with an Australian citizen for at least one year. In most cases, girlfriends and live-in partners fall under the category of de facto partners.

The one-year requirement also applies to relationships involving a de facto partner and applicants for permanent or student visa.

However, the law exempts de facto partners of refugees and humanitarian applicants from the one-year relationship requirement, provided the sponsor declares their relationship during application for refugee or humanitarian visa.

Relationship requirement

As required by law, applicants for this type of visa often find it difficult to provide evidence to show that a relationship exists. But this should not be a problem as applicants are given time to submit documents to support their claim.

Most of the documents used and accepted to show proof of a relationship may include pictures, letters, remittance slips, rent receipts and even e-mail messages and chat logs, among others.

When submitting proof of a relationship, the couple must see to it that the documents will establish the following important points:

  • • That  both of them are committed to share their lives
  • • That their relationship is authentic and continuing
  • • That they are living together in one house

Besides this, other factors are also considered before deciding on whether the applicants have satisfied the requirement.

Generally, during application, applicants are asked how much they know each other. Knowledge of each other’s personal circumstances is therefore important. This also include information on the financial aspects of the relationship that sometimes involve questions on financial commitments, saving account, real estate or asset ownership and share of daily household expenses.

During this time, applicants may be asked about the nature of their commitment, how long was the relationship and how long were they living in together as couple.

Applicants may also be asked about the nature of the household such as living arrangements and the care for children and how the responsibilities are shared.

The social aspects of a relationship may also be established through statements provided by friends and other acquaintances of both partners.

However, the one-year relationship may be waived in cases where there are compelling and compassionate reasons for the granting of the visa.

A de facto visa may be granted without the one-year relationship requirement under the following circumstances:

  • • When  a child is born of a de facto partner who is in a relationship
  • • When a de facto relationship was legal as recognized in any Australian state or territory law during application of the partner visa
  • • In cases of same sex de facto relationship where living together was prohibited in the applicant’s country of residence

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