Does being in a de facto relationship for at least 1 year include times apart?

Can we be considered de facto if we are apart (work/travel)?

If you and your partner are claiming ‘de facto’ status and have lived apart for periods during your first twelve months as a couple, you need to have solid evidence that your de facto relationship continued while you were not physically together. Without proof, there is a chance the Department of Home Affairs may decide your relationship does not satisfy the 12 month requirement.

What is considered a ‘reasonable’ time apart?

This is where the catch comes in as the Department does not specify what ‘reasonable time apart’ means in its legislation or policy.

How can we evidence our time apart?

This really depends on how you managed your de facto relationship while you were apart. Obviously, the reasons you have had to be apart will be different for each particular couple as every relationship really is unique.

Get a FREE copy of our Partner Visa Roadmap

Download our free Partner Visa Roadmap and use it to do a self assessment of where you are at in the process. Try filling out as much information as you can and see if you have everything that is required.

Will this make our case more complicated?

This is an issue that may complicate your application. If this is something you are stressing about, our best suggestion would be for you to seek advice from a Registered Migration Agent. Better still, you can contact our friendly MARA Registered Agents who have had extensive experience with these scenarios and would love to help.

If you have any questions about this relationship issue, please feel free to comment below; we’d love to hear from you and will respond.

 

Please Note: This does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.

  • Cmcall says:

    My partner and I we have been in a long distance relationship for our 4 years now. I’ve visited him 6 times and he’s visiting me February next year. We Skype every night and have registered our relationship in South Australia’s Births Deaths & Marriages on November of 2017. Will this waiver the 12 months requirement for our Partner Visa application?

    • Avelyn Chen says:

      Hi, cases like this where you have not actually lived together can be very complicated. I really recommend getting a visa planning session so we can get a better idea of your full situation and then can advise you on what is the best next step. If you would like to book in with us you can do so online via this link https://www.freedommigration.com/how-to-book-a-visa-planning-session/ or you can call Cathy in our office 07 3063 1200 and she can book you in.

  • About the Author Avelyn Chen

    I was born in Changsha (China), lived in Wuhan (China), and moved to Singapore when I was 8. So I speak Mandarin and Singlish. I might also speak a bit of Cat. I studied law and now specialise in migration law.

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