How to Qualify for Partner Visa under a De Facto Relationship

Are you and your partner checking if you could qualify for an Offshore or an Onshore Partner Visa? Thinking if you check all the boxes for a Partner visa even though you are not married? 

 

You must have lived with your partner for at least 12 months 

 

  1. You and your partner must be able to exhibit that you have lived together for 12 months prior to applying for a partner visa. 

  2. Pinpoint the exact date on which you started your relationship on a permanent basis. 

 

Through a signed statement (an affidavit or statutory declaration), you must be able to show the following: 

  1. How, when, and where you and your partner first met; 

  2. How has your relationship developed over time; 

  3. How you and your partner supported each other financially, physically, and emotionally when your partnership became permanent; 

  4. When and how you and your partner separated, for how long, and how you maintained your relationship during this period (if applicable); 

  5. You and your partner’s future plans. 

 

This rule strictly applies to most substantive and provisional Australian visas.  

 

However, for temporary visa applicants, a shorter time of living together may be accepted, if: 

  1. You and your partner have registered your relationship with an Australian State or Territory government; 

  2. You and your partner have a dependent child in your relationship; 

  3. You and your partner’s union are not recognized in your home country and are not permitted by law to live together. 

 

Committed to a shared life to the exclusion of others 

 

You and your partner must prove, through a signed statement (an affidavit or statutory declaration), your deep commitment to each other.  

You must be able to show your profound knowledge about each other, as well as intentions of having a long-term relationship through terms of your will, correspondence and telephone accounts that show you have maintained in contact although physically separated. 

Samples of photographs showing you and your partner on various occasions may also be used as evidence to prove your commitment, as well as joint club membership, holidays and vacations together (pictures and flight tickets can be used as evidence), or interests or activities that you both share. 

 

Your relationship is “Genuine and Continuing” 

 

You and your partner must be able to satisfy at least one of the “four pillars of relationship,” like the social aspects, joint financial aspects, nature of your household, and the nature of commitment and development of your relationship, to show that your relationship is “Genuine and Continuing.” 

 

You must live together, or not live separately and apart on a permanent basis 

 

You and your partner must be able to establish that, upon the granting of your visa and arrival in Australia, you have the intention of living together on a permanent basis. 

 Receipts or any documentary evidence of joint ownership of the house or joint names on the lease, including investment portfolios or joint finances, may be used as proof of this. 

 

Not related by blood 

 

You must not be related by blood to your partner when you lodge an application for a Partner Visa. 

 

How Can Agape Henry Crux Help 

 

At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are specialised in handling highly complex matters.  You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com. 

 

We speak fluent English, Korean, Japanese, Mandarin, and Malay. If this isn’t your language, we can also help you arrange an interpreter. 

 

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office. 

 

FREQUENTLY ASKED QUESTIONS 

  • You may submit as evidence tenancy documents bearing your and your partner’s name as having lived together, as well as utility bills or a bank statement from a joint bank account to prove shared financial obligation.

  • You must make sure that, by the time you lodge your application, you already have all the necessary documents, as well as regularly checking if the Department of Home Affairs has any queries about your application to ensure the promptness of your response. We in Agape Henry Crux can assist you to ensure all of these.

  • If you are currently holding a temporary Partner Visa, or a Bridging Visa, awaiting decision on a more permanent one, then your visa will not expire until the processing of your application has been completed.

Partner Visa, subclass 820, Permanent ResidentAgape Henry CruxAgape Henry Cruxde facto, partner visa, subclass 801, subclass 309, subclass 100, subclass 820