How to Prove a De Facto Relationship for Partner Visa Australia?
The Australian Partner Visa offers you a chance to live permanently in the country if you are married, in a de facto relationship or engaged with an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Your Australian partner visa subclass will depend on whether you are on-shore or off-shore and if you are in one of these relationship statuses. Often, people need clarification with a De Facto Partner Visa. The most common questions are: How do you prove your de facto relationship, and what documents are required to prove it? Here are some frequently asked questions for the Australian partner visa and tips to help get you started.
So, we are here to give you full details of the De Facto Partner Visa, including the meaning of the de facto relationship, the requirements, and the checklist. We understand this process can be complex and overwhelming, but remember, you’re not alone. There are professionals available to assist you at every step of the way.
What is the meaning of a de facto relationship?
Understanding the definition of de facto relationships is crucial as it forms the basis of your visa application. It refers to living together in an exclusive relationship without being legally married.
Suppose you can demonstrate that you are in a de facto relationship. In that case, you might be allowed to apply for a Partner Visa or include your partner in your other Australian visa application.
Both same- and opposite-sex partnerships fall under the definition of a de facto partner.
You and your partner must be at least 18 to legally be in a de facto relationship.
How long must I be in a de facto relationship for a Partner Visa application?
You must have lived with your de facto partner for at least 12 months for Partner Visa application purposes.
Meeting the 12-month cohabitation requirement is a key eligibility criterion for the Partner Visa application. It is essential to meet this requirement at the time of lodgement, as your application may fail if you have lived together for less than 12 months.
The de facto requirement applies to both temporary and permanent Partner Visa applications.
How is immigration defined, and what makes you eligible for a de facto partner visa?
The Department of Home Affairs will consider the following in assessing your eligibility for a De Facto Partner Visa:
- An eligible person must sponsor you; 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 with the exclusion of all others;
- You must show a continuing and genuine relationship;
- You live together or do not live separately permanently 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 ongoing 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 visa, they look for specific types of evidence. These include living together full-time, sharing social and important financial commitments, and having a household separate from others. Understanding these requirements can help you prepare your documentation.
Please note: Periods of “dating” do not count toward the 12-month requirement.
Is there any exemption to the 12-month cohabitation requirement?
While the 12-month cohabitation requirement is a standard rule, some exceptions can give you hope. It’s possible to show that you are in a de facto relationship even if you have not lived for a full 12 months with your partner. These exceptions are applicable only in limited circumstances, such as:
- You can show compelling and compassionate circumstances. For example, if you have children with your partner, or if your home country does not permit you to live with your partner,
- Your partner is, or was, the holder of a humanitarian visa, and you were in a de facto relationship, which meets the requirements according to the Migration Regulations. 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.
Learn more about registering your relationship here
How do I prove that I am living together with my partner?
You must provide certain documents to prove that you are living together with your partner. Below is a complete checklist for a de facto relationship.
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.
Also, 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.
Required Forms for De Facto Partner Visa:
- 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.
- Form 956 is called advice by a migration agent/exempt person for providing immigration assistance. This is required if you appoint a migration agent to submit your de facto Partner Visa application.
You can apply online through ImmiAccount, by post, or in person.
Required personal identity/ proof of ID
- Biographical pages of passports or travel documents. They refer to pages that include the holder’s photo, personal details, date of issue, and 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 and on a plain background. Write the person’s name on the back of the photographs.
- Certified copy of your birth certificate showing both parent’s 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 parent’s names
- Identification document issued by the government
- Court-issued documents given by the government that verify your identity
- National identity card.
- Certified copy of name change if you ever changed your name.
- A national police certificate issued by the police department to migrate to Australia.
- You must provide other legal documentation proving your identity if you cannot give any of these documents.
Your sponsor’s identity and evidence of residential:
- Evidence that your sponsor is an Australian citizen, Australian Permanent Resident, or eligible New Zealand citizen. It can include a certified copy of the following:
- 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 your continuing links to Australia.
- 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.)
- Australian Federal Police Certificate
- National Police Certificate from countries where your sponsor has lived for over 12 months.
Evidence of de facto relationship for partner visa application:
- Relationship certificate issued by the Australian state birth, death and marriage registry
- Completed Form 888 (at least 2) by your friends/family witnessing your de facto relationship
- Evidence of joint financial. This shows that you and your partner are financially stable and actively involved in the relationship, such as a joint bank account, joint house, or asset ownership.
- Evidence of social ties. This is to show that both of you are well known to the public as a de facto partner. Examples include photos with your family and friends, documentation of your holiday, invitations for you and your partner, etc.
- Evidence of living together/cohabitation. This is to show that you have lived together for at least 12 months, such as a joint lease agreement, joint bills, joint insurance, etc. (any documentation showing both of you have lived at the same address for the past 12 months).
Can I include the time spent travelling with my partner as cohabitation?
Sometimes, you may include the time spent travelling with your partner as cohabitation. But it’s crucial to demonstrate that you have begun a de facto relationship and moved in with your partner before the trip.
What if we have spent time apart?
You must demonstrate that you live together or, at the very least, do not live apart permanently to prove a de facto relationship.
Even after you’ve moved in together, your application might still be accepted if one of you moves out for work-related reasons.
Extenuating circumstances, such as work, studies, or visa concerns, are acceptable. However, it is crucial to demonstrate that you stay in close communication while apart.
What if I am still married to someone else?
Demonstrating that you are in a de facto relationship with your new partner is possible even if you are married but have split and are living with your new partner.
In this situation, it’s critical to demonstrate that your partnership is exclusive and that your prior relationship has ended.
We recommend finalising your divorce paper as soon as possible to strengthen your de facto partner visa application.
I still have many questions about the de facto partner visa. What should I do?
ONEderland Consulting is here to support and guide you through the de facto Partner Visa application process. Rest assured, we are here to assist you every step of the way.
We warmly invite you to contact our registered migration agent, Indah Melindasari, to discuss your concerns further.
Our consultation session is backed with a 100% refund guarantee if you’re unsatisfied with our service. We have a 98% success rate and are experts in complex cases. Call us or click below:
We are here to help you
The experienced visa specialists at ONEderland Consulting are here to provide unwavering support and offer comprehensive guidance whenever you require assistance with your de facto Partner Visa application. Your unique circumstances will be handled with the utmost care and professionalism.
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