What Is A De Facto Partner Visa Australia

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Australia, with its stunning landscapes, vibrant cities, and high quality of life, attracts many people from around the world. For those in a committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, the de facto partner visa can be a pathway to living together in Australia. But what exactly is this visa, and how does it work? Let’s find out.

In Australia, a de facto partnership is a relationship where two people live together as a couple on a genuine and committed basis, even without being legally married. This relationship is recognized as similar to a marriage in many aspects. To be considered in a de facto partnership for visa purposes, certain conditions must be met.

One of the key factors is the length of the relationship. Generally, you need to have been in a de facto relationship for at least 12 months. However, there are exceptions. If your relationship is registered under a state or territory law that recognizes relationships of this kind, or if you can provide compelling reasons why the 12 – month rule should not apply, such as the existence of a child together, you may still be eligible. For example, if a couple has a child and has been living together since before the child was born, they may be able to apply for the de facto partner visa even if the relationship has not reached the 12 – month mark.

A de facto relationship also involves sharing various aspects of life. This includes living together in the same residence. You should be able to show that you share accommodation, bills, and daily living responsibilities. Financial interdependence is another important aspect. Couples in a de facto relationship often have joint bank accounts, share mortgage or rent payments, and contribute to household expenses. Social aspects also matter. You should be able to demonstrate that you are recognized as a couple in your social circles, for instance, by attending family events together, being known as a couple to friends, and having joint memberships in clubs or organizations.

The Subclass 309 visa is for partners who are applying from outside Australia. It is a two – stage visa. The first stage, the Subclass 309 provisional visa, allows the applicant to enter and live in Australia while the second – stage application for the Subclass 100 permanent visa is being processed. To be eligible for this visa, the applicant must be in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. The sponsor (the Australian partner) must also meet certain requirements, such as being of legal age and not having any serious criminal record.

During the provisional visa stage, the couple can start building their life in Australia. They can work, study, and access certain social services. After a period of time, usually two years, the applicant can apply for the Subclass 100 permanent visa. To be granted the permanent visa, the relationship must still be ongoing and genuine, and the applicant must meet all the relevant character and health requirements.

For those already in Australia, the Subclass 820/801 visa is available. Similar to the offshore visa, it is also a two – stage process. The Subclass 820 provisional visa is the first step. This visa allows the applicant to stay in Australia while the application for the Subclass 801 permanent visa is being processed.

The onshore application has some additional considerations. The applicant must be lawfully in Australia at the time of application. If they entered Australia on a tourist visa, for example, they need to ensure that they are still within the conditions of that visa when applying for the de facto partner visa. The sponsor requirements are the same as for the offshore visa. The applicant must also meet health and character requirements. Once the Subclass 820 provisional visa is granted, the applicant can live, work, and study in Australia. After two years, if the relationship is still ongoing and all other requirements are met, they can apply for the Subclass 801 permanent visa.

The sponsor must be an Australian citizen, a permanent resident of Australia, or an eligible New Zealand citizen. Eligible New Zealand citizens are those who have special categories of visas in Australia, such as the Special Category Visa (subclass 444), which allows New Zealanders to live and work in Australia. The sponsor’s status is crucial as it forms the basis of the applicant’s eligibility for the de facto partner visa.

The sponsor must be of legal age. In Australia, the legal age for most matters related to relationships and sponsorship is 18 years old. Additionally, the sponsor must have a good character. This means they should not have any serious criminal convictions. If the sponsor has a criminal record, it may affect their ability to sponsor their partner for a de facto partner visa. The Department of Home Affairs will conduct a character check on the sponsor as part of the visa application process.

As mentioned earlier, the applicant must be in a genuine and committed de facto relationship with the sponsor. They need to provide evidence to prove this. This evidence can include things like joint lease agreements, joint bank statements, photos of the couple together in various settings, and statements from friends or family members who can attest to the relationship. The relationship should be exclusive, meaning both parties are not involved in other relationships at the same time.

The applicant also needs to meet health requirements. They will be required to undergo a medical examination by an approved medical practitioner. The medical examination checks for any serious health conditions that could pose a risk to public health in Australia or that could place a significant burden on the Australian healthcare system. In terms of character, the applicant should not have a criminal record that would make them inadmissible to Australia. The Department of Home Affairs will conduct a police check and other background checks to assess the applicant’s character.

The first step in the application process is gathering documents to prove the de facto relationship. This includes documents showing joint living arrangements, such as a joint lease or mortgage agreement. Financial documents like joint bank accounts, credit card statements with both names, and receipts for shared expenses are also important. Social evidence can be in the form of photos of the couple together at family events, travel photos, and letters from friends or family members confirming the relationship.

The applicant and the sponsor need to provide identity documents. This includes passports, birth certificates, and any other identification documents required by the Department of Home Affairs. The sponsor may need to provide proof of their Australian citizenship, permanent residency, or eligible New Zealand citizenship. The applicant will also need to provide police certificates from any countries where they have lived for a certain period, usually 12 months or more, to prove their good character.

The de facto partner visa application can be lodged online through the ImmiAccount system, which is the Australian government’s online portal for visa applications. This is the most common and convenient way to apply. However, in some cases, a paper application may be possible. For example, if the applicant does not have access to the internet or has technical difficulties with the online system, they can request a paper application form. The online application process involves creating an ImmiAccount, filling out the application form, uploading all the required documents, and paying the application fee.

The application fee for a de facto partner visa is significant. The fee amount can change, so it’s important to check the current fee on the Department of Home Affairs website. The fee covers the cost of processing the application, including the assessment of documents, health and character checks, and any communication with the applicant and sponsor. In some cases, if the applicant has financial hardship, they may be eligible for a fee waiver or reduction, but this requires special consideration and evidence of hardship.

Once the application is lodged, the Department of Home Affairs will start the assessment process. This begins with a review of all the documents provided. Immigration officers will check if the relationship evidence is sufficient and genuine. They will also verify the identity and background documents of the applicant and sponsor. If any documents are missing or seem unclear, the department may request additional information from the applicant or sponsor.

In some cases, the department may conduct interviews with the applicant and sponsor. The interview can be in person at an Australian embassy or consulate (for offshore applications) or at a Department of Home Affairs office (for onshore applications). The purpose of the interview is to further assess the genuineness of the relationship. The officers may ask questions about how the couple met, details of their relationship, and future plans. The department may also conduct additional checks, such as contacting third – parties mentioned in the application, like friends or landlords, to verify the information provided.

If the department is satisfied that the applicant meets all the eligibility criteria, they will grant the visa. For the two – stage visas (Subclass 309/100 and Subclass 820/801), the provisional visa will be granted first. The applicant will receive a notice of the visa grant, which will detail the conditions of the visa, such as the length of stay, work and study rights, and any other restrictions. After the required period for the permanent visa application (usually two years), if the relationship is still ongoing and all other requirements are met, the permanent visa will be granted.

If the department finds that the applicant does not meet the eligibility criteria, the visa application will be refused. The reasons for refusal can include insufficient evidence of the de facto relationship, failure to meet health or character requirements, or providing false information in the application. If the visa is refused, the applicant may have the right to appeal the decision, depending on the circumstances. There are specific appeal processes and time limits, and the applicant may need to seek legal advice if they wish to appeal.

Australia recognizes same – sex de facto relationships for the purpose of partner visas. The application process and eligibility criteria are the same for same – sex couples as they are for opposite – sex couples. Same – sex couples need to provide the same type of relationship evidence, meet the same health and character requirements, and follow the same application process. This recognition is in line with Australia’s commitment to equality and non – discrimination in its immigration policies.

If a relationship breaks down during the visa application process, it can have implications for the application. If the breakdown occurs before the provisional visa is granted, the department will assess whether the relationship was genuine at the time of application. If it was, the application may still be considered. However, if the relationship breaks down after the provisional visa has been granted and before the permanent visa application is decided, the applicant may need to provide additional evidence to show that the relationship was genuine and ongoing at the time of the provisional visa grant. In some cases, if the relationship breakdown is due to domestic violence, the applicant may still be eligible for the permanent visa under special provisions.

The de facto partner visa in Australia offers a valuable opportunity for couples in committed relationships to build a life together in Australia. It allows partners of Australian citizens, permanent residents, and eligible New Zealand citizens to live, work, and study in the country. However, the application process is complex and requires careful preparation of evidence to prove the genuineness of the relationship. Both the applicant and the sponsor need to meet strict eligibility criteria, including health and character requirements. By understanding the requirements, gathering the right documents, and following the application process carefully, couples can increase their chances of a successful visa application. Whether you are applying offshore or onshore, the de facto partner visa can be a life – changing step towards a future in Australia with your loved one.