Proving Your Partnership: Navigating De Facto Relationship Requirements for Australian Visas
Moving to Australia to be with your partner is a life-changing step, but the legal path to getting there requires more than just a commitment of the heart. Unlike a marriage certificate, which provides immediate legal proof of a union, a de facto relationship must be evidenced through the practicalities of daily life.
At Visamigo Lawyers, we often see couples who are in deeply committed relationships but feel overwhelmed by how the Department of Home Affairs "measures" that commitment. Here is a breakdown of the current legal requirements under Section 5CB and Regulation 1.09A.
What Defines a De Facto Relationship?
Under Australian migration law, you and your partner are considered to be in a de facto relationship if:
You are not legally married to each other.
You have a mutual commitment to a shared life to the exclusion of all others.
Your relationship is genuine and continuing.
You live together, or do not live separately and apart on a permanent basis.
You are not related by family.
Crucially, Australian law provides equal recognition to both same-sex and opposite-sex de facto relationships.
The "Four Pillars" of Evidence
When assessing your application, Case Officers do not just look at the length of time you have been together; they examine four key "pillars" of your life. To succeed, you must provide documents that reflect these areas.
1. Financial Aspects
The Department looks for evidence that you have joined your financial lives. This might include:
Joint ownership of real estate or other major assets (such as a car).
Joint bank accounts with a history of active, regular transactions.
Legal obligations owed to one another, such as being a guarantor on a loan.
Evidence of how you share day-to-day household expenses like groceries and utilities.
2. Nature of the Household
This focuses on the domestic reality of your relationship:
Joint responsibility for the care and support of children.
Living arrangements, such as a joint lease agreement or mortgage.
Correspondence (like bank statements or letters) addressed to both of you at the same address.
Evidence of how you share household chores and domestic duties.
3. Social Aspects
How is your relationship perceived by your community? Evidence includes:
Form 888s: Statutory declarations from Australian citizens or permanent residents (usually friends and family) who can attest to your relationship.
Evidence of joint travel, joint memberships of organisations, or participation in social activities together.
Proof that you have declared your relationship to other government bodies or commercial institutions.
4. Nature of the Commitment
This pillar explores the "intention" and emotional depth of your union:
The duration of the relationship and the length of time you have lived together.
The degree of companionship and emotional support you provide one another.
Evidence that you intend your relationship to be long-term (e.g., naming each other as beneficiaries in your will or superannuation).
The 12-Month Requirement
For most Partner Visa applicants, you must demonstrate that you have been in a de facto relationship for at least 12 months immediately before lodging your application. However, there are vital exceptions to this rule:
Relationship Registration: If you register your relationship under a prescribed Australian State or Territory law (such as in NSW, QLD, or VIC), the 12-month requirement may be waived.
Compelling Circumstances: For example, if there is a dependent child of the relationship.
Humanitarian Grounds: Specific rules apply if your partner is a current or former permanent humanitarian visa holder.
Common Misconceptions
"We cannot be de facto because one of us is still technically married."
You can meet the de facto requirements even if a previous marriage has not been legally finalised. The key is proving that the previous relationship has ended and that your current partnership is mutually exclusive.
"We haven't lived together for a full year, so we don't qualify."
While living together is a primary indicator, the law recognises that temporary separations occur due to work, travel, or visa restrictions. As long as the separation is not permanent and the commitment remains, you may still satisfy the criteria.
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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.
