For many couples, a Partner visa is the pathway to living together permanently in Australia. A Partner visa allows an Australian citizen or permanent resident (or “eligible New Zealand citizen”) to sponsor their partner for a visa on the basis of their genuine relationship as spouses or de facto partners.
If you and your partner are considering a Partner visa application based on a de facto relationship, it’s important to understand exactly what is required to evidence this before lodging your application. Merely being in a relationship with someone does not guarantee you will be able to meet the de facto requirement – there are strict legislative criteria, and substantial evidence obligations that must be met.
What is a de facto relationship?
A “de facto relationship” is defined under the Migration Act 1958, as one where you and your partner are not legally married to each other but:
- You are committed to a shared life to the exclusion of all others;
- Your relationship is genuine and continuing;
- You live together, or do not live separately and apart on a permanent basis; and
- You are not related by family.
How long must I have been in a de facto relationship for?
For Partner visa purposes, de facto partners must either:
- demonstrate that they have been in a de facto relationship for at least 12 months at the time of visa lodgement; or
- have registered their relationship in an Australian State or Territory that offers relationship registration.
Registering a relationship in the relevant State/Territory, removes the 12 months temporal requirement. However, visa applicants will still need to demonstrate that they are in a “de facto relationship”.
What aspects of my relationship will the Department assess?
When considering whether a de facto relationship exists, the Department must consider four broad areas, including:
Financial Aspects
- Joint bank account statements
- Individual bank account statements, showing bank transfers to each other
- Shared utility bills or council rates Joint insurance policies (health, home, car)
- Statements about how your financial responsibilities are shared
- Wills or superannuation nominations naming each other as beneficiary
Nature of the Household
- Correspondence sent to both partners at the same address (mail, utility bills, tax invoices)
- Mortgage or lease agreements in both names – Joint responsibility for household bills or services
- Joint responsibility for the care and support of children
- Statements about how household duties are shared
Social Aspects
- Photos together at events or on holidays
- Joint invitations to weddings, functions, or community events
- Flight tickets and accommodation bookings for joint travel
- Social media posts showing your relationship
- Form 888s from friends or family
Commitment to Each Other
- Records of communication during time spent apart
- Evidence of long-term plans, such as travel or property purchases
- Statements describing the history and future of your relationship
Even couples in long-term, loving relationships can have their Partner visa application refused if they cannot provide sufficient evidence of these four categories. The Department will be looking for a clear, consistent picture of your relationship supported by documents – not just personal statements.
In all cases, documents should cover the full duration of your relationship. Particularly for a de facto relationship that has not been registered, evidence in each of the four aspects should cover at least the 12 months before lodgement.
Need assistance?
Hannan Tew Lawyers have significant experience with advising on, preparing and lodging Partner visa applications for de facto couples. If you require assistance with your Parter visa application or have any other immigration related queries, please get in touch with our experienced team. Contact us by email at [email protected] or by phone at +61 3 9016 0484.
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