The most important proof to consider is the ‘12 Month De Facto Requirement’. This applies to Partner Visa applicants who are in a relationship which is not a marriage or a registered relationship. The couple is regarded as ‘de facto’ and is REQUIRED to have been together for 12 months before their Partner Visa application is made.
In this case, we advise you to seriously think about the timing of your application lodgement if you have not been in a relationship together for at least 12 months. There is a risk you won’t meet the requirements of the Department of Home Affairs (Immigration) if this condition isn’t met.
There are still specific instances where the relationship circumstances may be considered ‘compassionate and compelling’ and may have grounds for the Department of Home Affairs to consider granting the Visa even though the couple hasn’t been together for 12 months.
To illustrate this, some relationship examples which may be considered compassionate and compelling by Immigration are listed on their online information portal. These include being in a relationship where it’s not lawful for you to live together as a couple in your country of residence, or perhaps living overseas in a country where your same-sex relationships is illegal. In these cases, it may be very difficult for you to prove that you are in an official de facto relationship.
Another example given includes a relationship where you have children together, however, please remember here that Immigration does not consider pregnancy in itself as being a ‘compassionate and compelling circumstance’ in all situations.
The bottom line is that each relationship state is really unique. And so, in our opinion, if you want to lodge your Partner Visa application before you have been together for 12 months and you aren’t married or in a Registered Civil Partnership, you are likely to have a bit of an uphill battle on your hands. Please keep in mind that if you lodge your application and don’t meet the ‘12 Month de facto Requirement’, your application carries a very high risk of refusal so it’s super important that you get advice from a Registered Migration Agent before you go ahead.
We hope you found this information useful and please do check out our website which details our Visa Planning Sessions. Please feel free to comment and connect; we love getting your feedback and will reply to any questions you may have.
IMPORTANT: 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.
Emma is the founder and principal migration agent at Freedom Migration. She is extremely passionate about uniting partners and families with their loved ones overseas. It might be because she's a product of a partner visa family.
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Can I apply work if my visa is de facto?
Hi Liza, we would need more details on what type of de facto visa you are applying for. Onshore? Offshore?
what will prove the de facto relationship?
Hi Sash, you can use a lot of different things to prove you are in a genuine and continuing relationship, however what you need to remember is that there is no “Offical Checklist” every relationship is different and hence every evidence list will be different.