Partner Visa Myths Exposed: What You Need to Know to Reunite with Your Loved One
Navigating the complexities of Australia's partner visa process can be daunting, particularly with a plethora of misconceptions circulating about eligibility criteria. Understanding the facts is essential to ease the application process and ensure compliance with legal requirements. In this blog, we will dismantle some of the most common myths surrounding partner visas, from living arrangements to financial evidence, to ensure clarity and confidence for applicants and their partners.
Misinformation can be the biggest hurdle regarding Australian partner visas. Many couples are left second-guessing their eligibility due to myths like "you must live together to qualify" or "a previous marriage disqualifies you." These misconceptions not only cause unnecessary anxiety but can also delay the life-changing process of being with your partner in Australia.
At Visamigo Lawyers, we believe in clarity and confidence. In this blog, we uncover the truth behind the most common partner visa myths, providing accurate insights that align with Australian migration laws. Understanding these facts is your first step to success if you are serious about starting your next chapter together.
Myth 1: "You must live together to qualify as a de facto couple."
Fact: Living together is not a strict requirement to meet the de facto relationship criteria. While cohabitation strengthens your case, Australian immigration law recognises unavoidable circumstances, such as work commitments or family obligations, may temporarily separate couples. As long as there is compelling evidence of your intention to live together in the future, your relationship can still qualify.
What this means for you: Document your shared plans, communications, and intentions. Provide evidence that reflects the depth of your commitment, even during periods of separation.
Myth 2: "A de facto relationship cannot exist if one or both partners are married to someone else."
Fact: Australian immigration law acknowledges that a de facto relationship can exist even if one or both partners are legally married to other individuals. However, you must demonstrate that the previous marriage has ended and that your de facto relationship is genuine and mutually exclusive.
Pro tip: Focus on submitting documentation that illustrates the exclusivity and authenticity of your partnership, such as shared responsibilities or travel together.
Myth 3: "The relationship must have lasted at least 12 months before applying."
Fact: While a 12-month relationship is often required, exceptions exist. If your relationship is registered under Australian law or compelling circumstances, such as having dependent children, apply, this requirement can be waived.
If possible, you should Register your relationship to strengthen your application and bypass the 12-month rule.
Myth 4: "Financial evidence, like joint bank accounts, is always required."
Fact: Financial arrangements are just one piece of the puzzle. Australian immigration authorities accept alternative evidence, such as statutory declarations from family and friends or records showing shared household responsibilities.
Our advice: Diversify your evidence portfolio. Submit utility bills, shared leases, or correspondence showing mutual commitment.
Myth 5: "Same-sex relationships are treated differently under migration law."
Fact: Australian migration law treats same-sex relationships equally to opposite-sex relationships. This includes both married and de facto partnerships.
Key takeaway: Focus on demonstrating your relationship's authenticity, regardless of sexual orientation.
Myth 6: "Having separate addresses at the time of application leads to automatic refusal."
Fact: Temporary separation does not mean automatic rejection. Immigration authorities consider whether the separation is due to valid reasons and assess the overall commitment to the relationship.
What you can do: Provide evidence showing ongoing communication, reunite plans, and a shared life vision.
Myth 7: "Compelling and compassionate circumstances are only for medical emergencies."
Fact: Compelling and compassionate circumstances extend beyond medical emergencies. Cultural barriers, dependent children, or other significant factors can also qualify.
Insight: Include a straightforward, compelling narrative with supporting evidence to showcase these unique circumstances.
How Visamigo Lawyers Can Help You
Partner visa applications can be intricate and stressful, especially when myths muddy the waters. At Visamigo Lawyers, we pride ourselves on providing clarity and tailored solutions. Our team will work with you to:
Assess your unique circumstances.
Ensure your evidence meets legal requirements.
Build a robust and cohesive application that stands out.
Do not let myths or uncertainties keep you from building your future with your loved one in Australia. Contact Visamigo Lawyers today to take the first step towards securing your partner visa.
DISCLAIMER: Important notice for all our social media followers as well as website readers. Content shared here by Visamigo Lawyers and its affiliates is not to be considered as immigration or legal advice. It's 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's recommended you consult an Australian Lawyer for personalised advice. Your journey matters, so ensure you're properly informed.
