Are you in a happy relationship with an Australian? Do you guys want to take it to the next level? Do you want to understand what de-facto visa is?
Searching through the internet can be hard, there are lots of opinions and sites that can be confusing. Lucky for you, we gathered all the information and all the frequently asked questions about a de-facto visa. And don’t worry we simplify everything so you guys can understand it easily!
What does de-facto mean?
The term ‘de-facto’ (when used in relation to Australian visa applications) is used to describe a couple who live together as partners but are not married. De-facto partners are examples of couples who live together and share a life together as a partner couple but are not married.
For visa purposes, a de-facto partner (including partners of the same sex) can be considered a member of your family unit in a very similar way to a married couple. This means that you may be able to include your de facto partner in your visa application or possibly sponsor them for a visa to Australia.
Who is a de-facto partner?
You are considered as a de-facto partner if you live together and have a genuine and continuing relationship, as well as a mutual commitment to a shared life. A de-facto partner can be either the opposite sex or the same sex.
I want to apply for a Partner visa as a de-facto partner, but I am married to someone. Can I still apply for it?
The Australian law requires you to be in the de-facto partner relationship of minimum 12 months immediately from the date before the filing of Partner visa application. However, this relationship must be “to the exclusion of all others” and genuine and continuing.
In case you or your partner is married to someone at the time of lodging the de-facto visa, then you need to provide sufficient evidence that you do not have any previous ongoing relationship.
My partner and I have lived together only for ten months though we have been de-facto partners for more than a year. I am not able to travel to my partner’s country because of my job. Would it be possible to sponsor my partner to Australia on a Partner visa?
Your partner may be eligible for the partner visa in spite of not living together for a year. According to the Australian immigration law, you and your partner should have physically lived together at some point in time since you both committed to the relationship. Although you are physically apart because of work or travel commitments, you are recognized to be committed to a shared life by having a genuine and continuing relationship.
In this case, the department would consider your commitment to each other, the history of the relationship, the nature of the household, financial and social aspects other than the physical cohabitation.
I am in a de-facto relationship with my partner who came as a refugee under the humanitarian program to Australia. If I want to apply for a partner visa should we meet the one-year relationship requirement?
No. Nonetheless, if you can provide evidence of your de facto relationship with your partner at the time he/she received the permanent visa under the humanitarian program and you declared the same to the department at the time, your partner might be eligible for the partner visa.
Where can I register my de-facto partner relationship?
According to the Acts Interpretation Act (Registered Relationship) Regulations, only a few states like the Australian Capital Territory, Queensland, New South Wales, Victoria, and Tasmania have laws in place permitting the relationship.
However, you need to contact the relevant officer in the department in your state to learn more about registering your de facto relationship.
How much is a de-facto visa in Australia?
The application fee is the main cost associated with the Australian Partner visa. The current (2016) fee is $6,865 AUD. This is the cost whether you apply in Australia or overseas and it covers the temporary visa, followed by the permanent visa application.
How long does a de facto visa take Australia?
Processing time will take about 18 – 24 months. In total, after you initially apply for a partner visa, it will take 3.5 – 4 years to be granted permanent residency.
What evidence should I provide for a de-facto relationship?
Providing the Australian authorities with the history of your relationship is one way to do it. You will have to submit a signed relationship statement that will provide the authorities with all the details.
Such a statement should cover:
- Details of how, when and where you met your partner
- How your relationship developed over time
- Proof of commitment when it comes to supporting each other: emotionally, financially and physically
- If there was a period of separation due to certain commitments, how you kept close contact even during that time
- Your plans for the future as a pair