Partner Visa Granted With No Cohabitation and Inadequate Evidence

Partner Visa Applicant and Sponsor Background

  • Dani and Sarah were in a long-distance relationship and have never lived together.

  • Dani lived in Indonesia and Sarah lived in Australia. Most evidence they had was screenshots of their chats via social media.

  • For the purpose of the Partner visa, they did not meet the definition of a de facto relationship.

  • At that time, their relationship was less than 12 months old

  • They registered their relationship to the NSW Births, Deaths, and Marriages.

Our Team’s Assessment of the Relationship

  • Many people misunderstand that once they register their relationship, they satisfy the definition of a de facto relationship. This is not true.

  • The registration of a relationship only makes that they do not need to wait for 12 months or to get married.

  • The Applicant and Sponsor will still need to satisfy the other criteria of the Partner visa, such as financial, social, commitment, and household aspects of the relationship.

Our Success Story

  • Having never lived together and did not plan to do so before getting married presents difficulty in satisfying the legal criteria for a partner visa.

  • We lodged their application, accompanying it with our legal submission, and not only the partner visa was approved, but it was also finalized within 4 months (the average processing time at that time was over 22 months).

  • In the legal submission, we addressed the full legal criteria of the partner visa. For each one of them, we also showed the decision-maker/case officer on how each criterion is met. This has proven to make the whole process smooth and eliminate the risk of refusal.