De Facto Partner Visa Australia
Understanding De Facto Partner/Spouse Visa (subclass 820/801 or 309/100) Visa (Part 1)
Your subclass of Australian partner visa will depend on whether you are on-shore or off-shore and if you are in a de facto, married relationship or planning on getting married.
Here are some frequently asked questions for the Australian partner visa and tips to help get you started.
As with most everything you need to get done, the first question to ask is where do I start?
Well, I suggest you start with which kind of relationship you are in, depending on those details is how you can figure out which documents you will need.
Are you engaged, married or in a de facto relationship? All of these relationships will be asked to show different forms of evidence for their visa application.
De Facto Relationships
How does immigration define and what makes you eligible for a de facto relationship via the partner visa?
- You must be sponsored by an eligible person, in most cases this is your partner.
- You’re not in a married relationship with each other;
- You are not related to your partner;
- You’re in and can show a mutually committed relationship to share a life together with the exclusion of all others;
- It is and you can show a continuing relationship, that is genuine;
- You live together or do not live separately on a permanent basis and have evidence to provide this is true;
- You both must be 18 when you submit your unmarried partner visa application;
- Your relationship must have been on-going for the entire 12 months before the application is submitted;
- You must also meet health and character requirements.
When immigration assesses a de facto relationship for the de facto visa, they take a look at certain kinds of evidence, such as are you living together full-time, do you share social and important financial commitments together, and have you set up a household completely separate from other people.
Please note: Periods of “dating” do not count toward the 12 month requirement.
EXCEPTIONS for the 12 month requirement:
- You can show compelling and compassionate circumstances. For example, you have children with your partner or in the country you reside it was not lawful for you and your partner to cohabitate.
- Your partner is, or was, the holder of a humanitarian visa, and you were in a de facto relationship, which meet the requirements according to the Migration Regulations and you informed immigration of this before the humanitarian visa was granted.
- Your relationship was registered under a law of a state or territory written in the Acts Interpretation (Registered Relationship) Regulations 2008 as a kind of relationship needed in order to register. Not all states and territories have these regulations, to get more information on eligibility please refer to the Births, Deaths, and Marriages agency.
Partner visa Checklist for the Australian De facto Visa
You will need to provide documentation to support your Australian partner visa application. It will be in your best interest to provide as much information as possible to immigration with your application.
Please be sure to provide certified copies of your original documents. If immigration requires the original documents they will ask you for them, so leave them out until needed.
Be sure to provide accredited English translations for documents not in English. If you apply online, you may send in your scanned certified copies, which will be attached to your application through your ImmiAccount.
- You must submit a Form 47SP called an Application for migration to Australia by a partner.
- You must submit a Form 40SP called a Sponsorship for a partner to migrate to Australia.
You can apply online through ImmiAccount, by post, or in person.
- Form 956 which is called advice by a migration agent/exempt person of providing immigration assistance
- If you wish to have someone else receive correspondence from immigration on your behalf, you would need to fill out the Form 956A called appointment or withdrawal of an authorised recipient
- Be sure to pay the visa application charge, this can change from year to year. You can check these charges on the immigration website.
- If your sponsor paid the application charge for you then you will need to provide the original receipt to show they have paid. If your sponsor has paid the visa application charge then you must lodge your application by post or in person.
Your personal documents that will be required for the de facto visa
Your identity/ proof of ID
- Please provide certified copies of the biographical pages for the passports or travel documents for everyone included in your application. (These pages will include the holder’s photo, personal details, date of issue and the date of expiry.)
- Two current passport sized photographs (45mm x 35mm) for each person included in the application. Please be sure these pictures are just of the head and shoulders, as well as, on a plain background. Write the person’s name on the back of the photographs.
- Please have a certified copy of your birth certificate, showing both parents names. If you are unable to provide a birth certificate nor can you get one, you would need to provide one of the following :
- Family book showing both parents names
- Identification document issued by the government
- Court issued documents given by the government that verify who you are
- If you have a national identity card, please provide it.
- Please provide a certified copy of name change, if anyone in the application has had a name change.
- If you cannot provide any of these documents, you must provide some proof that you are who you have claimed to be.
Your sponsor’s identity and requirement documents.
Required Sponsor Documents
Provide evidence that the sponsor is an Australian citizen, Australian Permanent Resident, or eligible New Zealand citizen. This can include a certified copy of the below:
- Birth certificate
- An Australian passport or foreign passport containing evidence of permanent residence
- An Australian citizenship certificate
- For New Zealand citizens, evidence of how long you have resided in Australia and of your continuing links to Australia.
Evidence where your Sponsor resides
If your sponsor is not an Australian citizen: you will need evidence they live in Australia, usually. Such as:
- Please show evidence of ownership or rent of a house in which your sponsor resides
- Proof of Utility accounts ( gas, telephone, electricity)
- Provide other bills for living expenses (food, water, toiletries, etc.)
If you or a dependent child is younger than 18 years old
If you or a dependent child is younger than 18 years of age, please provide the following for the sponsor:
- Would need to have a Australian Federal Police National Police Check done for your sponsor, if the sponsor has spent acumulative total of 12 months or more in Australia since they turned 16 years of age.
- A certificate from the police from every country the sponsor spent a cumulative total of 12 months or more in the last 10 years after turning the age of 16.
Health and Character documentation for the unmarried partner visa.
If you are required to take a health examination, you will need to arrange your exam before the lodging of your visa application. Please include your health identifier (HAP ID) when you complete your application form.
By using My Health Declarations, you should be able to confirm whether or not you need to undergo a health examination and indicate this when lodging your visa application form, stating I have organized my health examination as I am considered to have met this requirement.
Evidence that everyone in your application has adequate health insurance in Australia
You need to provide evidence that everyone in your application has adequate health insurance in Australia. Please provide immigration with one of the following:
- A letter signed by a health insurance provider
- A receipt from enrolment or card from Medicare
- Some form of evidence of adequate health insurance (including travel insurance)
- If you are eligible for Medicare when you arrive in Australia, and you are from a country with a reciprocal health care agreement, please provide evidence of adequate health insurance (including travel insurance) to be covered until you can enrol in Medicare.
- Proof that you hold a passport from the Republic of Ireland
Show that everyone included in your visa application has applied for an Australian Federal Police National Police Check
Please show that everyone included in your visa application has applied for an Australian Federal Police National Police Check, providing they are at least 16 years old and have spent at least 12 months or more in Australia since they were 16 years of age.
You will be able to find the form for your police check on the Australian Federal Police website, in the online form or paper form.
Visa applicants should check off Code 33 in section 8 of the form.
You will not have to provide fingerprints with the police check.
If you are successful in your police check application you will receive a ‘National Police Check’ certificate, which will have the heading ‘Complete Discloser.’
Overseas police certificates for anyone in your application
Please include overseas police certificates for anyone in your application, if they have spent 12 months or more since turning 16 years old, in the last 10 years for each country they were in.
These need to be the original certificates, but keep a copy for you as well.
If anyone in the application has served in the armed forces, please provide a certified copy of their military service record or discharge papers.
Your relationship information
Certified copies of your marriage certificate (de jure) or registered relationship information for you or anyone else listed in your visa application, even if they will not be joining you in Australia.
Genuine Evidence of the relationship
Please note: If you are applying on the basis of marriage and have the marriage certificate, this is not enough, you must still provide genuine evidence of the relationship to be granted the visa.
Another Document / Certificate for de facto Partner Visa applicaiton
If anyone in the application, including yourself, has been widowed, divorced or permanently separated you will need to provide a certified copy of the death certificate, divorce documentation, or statutory declaration separation documents.
Showing your relationship is genuine and continuing
You must include documentation that proves your relationship is genuine and continuing. Statements you provide can include, written statements or statutory declarations.<