Understanding De Facto Relationships for Partner Visas

If you’re considering applying for a Partner Visa based on a de facto relationship, it’s important to understand what constitutes a de facto relationship and the documentation required to support your application. Here’s a comprehensive guide to help you through the process.

What is a De Facto Relationship?

A de facto relationship is defined as a committed, genuine, and continuing relationship between two people who are not legally married to each other but are living together or not living separately and apart on a permanent basis. This relationship can be between individuals of the same or different sex. To qualify as a de facto relationship, the following criteria must be met:

• Not Legally Married: You and your partner are not legally married to each other.
• Commitment to Shared Life: You are committed to a shared life to the exclusion of all others.
• Genuine and Continuing: Your relationship is genuine and ongoing.
• Cohabitation: You live together or do not live separately and apart on a permanent basis.
• No Family Relationship: You are not related by family.

Proving a De Facto Relationship

To demonstrate the authenticity of your de facto relationship, you will need to provide evidence that supports your claim. This may include:

• Written Statements: Signed statements detailing the history of your relationship, either individually or jointly.
• Evidence of Cohabitation: Joint rental agreements, home loans, or utility bills.
• Personal Documentation: Birth certificates for any children, divorce certificates if applicable, and evidence of any previous marriages.
• Communication Records: Cards, letters, emails, and social media conversations.
• Shared Assets: Joint bank accounts, credit cards, or hire purchase agreements.
• Joint Activities: Photos, travel records, and evidence of shared interests or activities.

Length of Relationship

Typically, your de facto relationship should have existed for at least 12 months immediately before applying for the visa. Time spent dating or in an online relationship does not count towards this period. However, if your de facto relationship is less than 12 months old, you might still be eligible for the visa under certain circumstances. It’s worth checking if you qualify for an exemption from the 12-month requirement.

Checklist for Partner Visa Applications

To apply for a Partner Visa based on a de facto relationship, ensure you include:

• A detailed written statement of your relationship history.
• Official documentation such as divorce or death certificates if applicable.
• Evidence of the 12-month de facto relationship.
• Additional evidence such as joint leases, shared bank accounts, and photos.

How Aurelia Legal can help

Navigating the Partner Visa process can be complex, but understanding the requirements and preparing the necessary documentation can help streamline your application. If you need assistance with your Partner Visa application or have questions about your de facto relationship status, don’t hesitate to contact us at Aurelia Legal. We’re here to help guide you through every step of the process.

Contact us today at at +61 3 9125 8820 or info@aurelialegal.com.au