Whether applying for a provisional, temporary, or permanent partner visa, visa applicants must meet the relationship requirements. This guide outlines the key aspects of de facto relationships, the types of evidence required, the use of supporting statements, and considerations for special circumstances in partner visa applications.
What Is a De Facto Relationship for an Australian Partner Visa?
It is essential to understand the legal elements of de facto relationships when proceeding with partner visa applications. This ensures that you have the full picture of how Australian law treats de facto partners and the legal requirements when seeking a partner visa.
Legal Definition of a de facto Relationship Under Migration Law
Under Australia’s migration law, a de facto relationship is when two people, irrespective of gender, are in a genuine relationship and live together as a couple. When applying for a partner visa subclass 820 or 309, the applicant must be a de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen.
How de facto Relationships Differ From Married Relationships
- De facto partners are not legally married or related by family.
- De facto partners do not have a legal marriage certificate.
- De facto partners must not live separately on a permanent basis. In contrast, married couples are considered married under the law even if living apart, provided they have a valid marriage certificate.
Minimum Relationship Duration Requirements
- The relationship must have existed for at least 12 months before applying, whether for a permanent visa or a provisional partner visa.
- Any time spent together in an online relationship or dating cannot count as part of the relationship.
Why a Partner Visa Checklist Is Important
Following a thorough visa checklist may help reduce common issues such as missing evidence or inconsistent documentation, which can affect the assessment of your application.
Common Reasons de facto Partner Visas Are Refused
- Applying before completing the 12-month requirement
- Not submitting the required documents as evidence
- Not submitting relevant documents to prove compelling circumstances
- Submitting insufficient or outdated documents as evidence
How Incomplete Evidence Affects Processing Times
- There are delays in processing because the Department of Home Affairs needs to contact you for further information.
- Processing may be delayed if there is insufficient evidence across the four key categories: financial, household, social, and commitment.
- Inadequate evidence may result in the application being refused or, in some circumstances, a visa being cancelled.
The Importance of Consistency Across Documents
Consistency across all documents is important. Inconsistencies may result in delays or impact the Department’s assessment of your application, for example:
- Misspelt names in birth certificates and other identity evidence documentation
- Incorrect information on joint bank accounts
- Errors on the applicant's passport biodata page
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De Facto Partner Visa Checklist: Evidence Categories
Whether applying for a temporary partner visa or a permanent one, you must present the required evidence to prove your de facto relationship. This typically includes the following:
Aspects financiers de la relation
Evidence of joint financial commitments to prove how you both support each other:
- Joint bank statements
- Joint car loans, home loans, and other loan documents
- Joint utility bills to prove shared expenses
- Joint credit cards
- Insurance documents highlighting each other as beneficiaries
Nature of the Household
Evidence of living in a household together, and that you both do not live apart from each other permanently:
- Joint home address evidence, such as a lease or mortgage papers
- Correspondence addressed jointly to the same address
- Joint household bills
- Additional documents proving joint household responsibilities
Social Aspects of the Relationship
Social evidence of the relationship, such as:
- Social media posts or records of communication, if available and relevant, as supporting evidence
- Declaration to relevant government bodies, such as the Australian Taxation Office
- Other supporting documents, such as joint memberships, event tickets, and holiday itineraries
Nature of Commitment to Each Other
Evidence about the nature of your relationship, generally through relationship statements that show:
- How long you have been in the relationship
- How long you both have lived together
- How you both emotionally support each other
- Whether you see your relationship as a long-term one
Statutory Declarations and Supporting Statements
Additionally, your application may need supporting statements or statutory declarations to bolster your de facto status.
Partner Statements Explaining the Relationship History
These are relationship statements outlining key details about you and your partner, such as:
- The length of the relationship
- Details about how you both run the household
- Details about how you both manage finances
- Details about dependent children (with evidence, such as adoption papers)
- Future plans for the relationship
Form 888 Declarations From Australian Witnesses
To further prove the social aspects of your relationship, you can get a Form 888 declaration from friends and family. This officially places them as witnesses to your relationship, providing social evidence about your de facto status.
Tips for Drafting Strong and Credible Statements
- Give clear details about how you both met and how the relationship began.
- Give ample information about household, social, and financial commitments.
- Give a clear outline of how you plan to spend the future with each other
- Give clear examples of supporting each other emotionally and financially
Special Situations in De Facto Partner Visa Applications
There can be certain exemptions for de facto partner visa applications, in situations such as:
Less Than 12 Months of Relationship Duration
You must provide evidence of compelling and compassionate circumstances if your de facto relationship does not meet the 12-month requirement, and you still need the partner visa.
Periods of Long-Distance or Living Apart
If you are in a long-distance relationship or lived apart during the relationship, you must provide evidence of continued contact to prove the genuineness of your relationship.
Cultural, Religious, or Personal Barriers to Cohabitation
If your relationship is affected by any religious, cultural, or personal barrier to living together, sufficient evidence is required to establish de facto status.
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Frequently Asked Questions About Partner Visa Checklists
What Documents Are Required for a de facto Partner Visa?
A de facto partner visa requires identity, relationship evidence, financial evidence, household evidence, social evidence, and health and character documents.
Is 12 Months of Living Together Always Required?
It is the primary requirement, but can be exempted under certain reasonable circumstances, at the discretion of the Department of Home Affairs.
How Many Documents Should Be Provided in Each Category?
You should provide sufficient, relevant evidence in each category to support your application.
Do Documents Need to Cover the Entire Relationship Period?
No. There should be enough that you have been in a relationship for 12 months or more.
Can Weak Evidence Lead to a Partner Visa Refusal?
Yes. Insufficient evidence that fails to prove your de facto status can lead to a refusal.
Should Documents Be Uploaded in a Specific Format?
You can upload them in the regular PDF formats.
Why Choose a Registered Migration Agent for Your Partner Visa
The de facto partner visa application process can seem challenging, especially for first-time applicants. At Australian Migration Agents, we aim to simplify it, so you can proceed confidently. Our registered migration agents handle de facto partner visa cases with a personalised approach, providing support throughout each stage of the process and helping you understand the requirements for proving your de facto status.
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