De Facto Relationship Requirements for Partner Visas
Defining De Facto Relationships:
A de facto relationship for Australian immigration purposes requires couples to demonstrate mutual commitment to a shared life, excluding all others, while living together without being legally married. The relationship must be genuine and continuing, with parties not related by family. Same-sex and opposite-sex couples are equally eligible for de facto partner recognition.
The 12-Month Requirement:
Generally, applicants must demonstrate they have been in a de facto relationship for at least 12 months immediately before applying for a partner visa. This requirement ensures the relationship has sufficient stability and commitment. The 12-month period is calculated from the date of visa application, not the date of decision
Registered Relationships:
In most Australian states and territories, couples can register their relationship with the relevant authority. A registered relationship certificate can substitute for the 12-month cohabitation requirement, allowing couples to apply for partner visas even if their relationship is less than 12 months old. This provides flexibility for couples who wish to formalise their commitment early.
Evidence of De Facto Relationships:
Proving a de facto relationship requires comprehensive evidence across four key areas. Financial evidence includes joint bank accounts, shared bills, property ownership, and financial support between partners. Social evidence encompasses photographs together, joint invitations, statutory declarations from friends and family, and evidence of joint social activities.
Household evidence demonstrates shared living arrangements through joint leases, utility bills in both names, and evidence of shared household responsibilities. Commitment evidence includes correspondence between partners, travel bookings, insurance policies naming each other as beneficiaries, and future plans documented in writing.
Challenges in Proving De Facto Relationships:
De facto relationships can be more challenging to prove than marriages because they lack the formal documentation that marriage provides. Couples must build a comprehensive evidence portfolio demonstrating their relationship's genuine nature. This is particularly important for couples who haven't lived together continuously or who maintain separate residences for work or family reasons.
Long-Distance Relationships:
Couples in long-distance relationships face additional challenges in demonstrating cohabitation. However, the regulations recognise that couples may live apart temporarily due to work, study, or family obligations. The key is demonstrating that any separation is temporary and that the relationship continues to be genuine and committed.
Professional Assistance:
Given the complexity of proving de facto relationships, professional legal assistance is highly recommended. Immigration lawyers can help couples identify the strongest evidence for their relationship and present it effectively. Early consultation allows couples to strengthen their evidence base before applying, significantly improving their chances of success.
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Disclaimer: Important notice for all our social media followers and website readers. Content shared here by Visamigo Lawyers and its affiliates is not to be considered as immigration or legal advice. It is intended for informational purposes only and should not be used as a substitute for professional guidance. This material offers general insights (accurate at the time of posting, subject to updates) and is not exhaustive. Prior to any application, it is recommended you consult an Australian Lawyer for personalised advice. Your journey matters, so ensure you're properly informed.
