De Facto Relationship

Do you need to be married to apply for a Partner Visa?

The short answer is “No”.

Are you in a committed de-facto relationship with an Australian partner and want to stay in Australia permanently, then, this BLOG is for you!

The ‘De Facto Relationship‘ assessment in partner visa Subclass 309/100 and 820/801) allows the de-facto partner of an Australian citizen, Permanent Resident or Eligible New Zealand Citizen to study, work and live indefinitely in Australia. The application process and criteria for obtaining a de facto visa are similar to the Spouse assessment with the exception that couples do not have to be married at the time of application.

What is the De Facto Relationship assessment?

Section 5CB of the Migration Act 1958 identifies both applicant and their sponsor to be in a de-facto relationship if they:

• Are not married to each other.
• Have a mutual commitment with their de facto partner to the exclusion of all others.
• Their relationship is genuine and continuing.
• They live together or do not live permanently apart.
• Are not related by family.’

Therefore, the couple must proof their relationship for at least 12 months in order to qualify for the eligibility. 

 Is there any exemption to the 12-month proof of relationship?

Yes, in certain circumstances the 12-month relationship proof can be waived:

1.   If the couple registers their de-facto relationship with the relevant Australian authority, they can apply for a de-facto visa with less than 12 months of living together. Registration provides legal recognition as a couple under state law (and for immigration purposes) and formalises the couple’s de facto status without getting married.
2. Compelling and compassionate circumstances exist for the visa grant such as having a dependent child from the relationship.

Should you have any queries or want to discuss the best way to secure a Partner Visa based on a De Facto relationship please feel free to schedule a consultation with us.