What does it take to qualify for a DE FACTO visa?

“What does it take to qualify for a de facto visa?”

Applicants wanting to apply for an Australian Partner visa based on their ‘de facto’ relationship with their partner must provide evidence that for the period covering at least the twelve months before the visa application is lodged:

·         they had a mutual commitment to a shared life to the exclusion of all others

·         the relationship between them is genuine and continuing

·         they live together, or do not live separately and apart, on a permanent basis.

Living together

Living together is regarded as a common element in most on-going relationships and for this reason, the Australian immigration department require documentary evidence that you and your partner are living together..

What evidence is considered?

It is important that a couple claiming a de facto relationship are able to provide evidence that:

·         they have a mutual commitment to a shared life to the exclusion of all others

·         the relationship between them is genuine and continuing

·         they have been living together or have not been living separately and apart on a permanent basis.

Some of the factors to be considered in deciding whether the partners satisfy the requirement include:

·         knowledge of each other's personal circumstances

·         financial aspects of the relationship, joint financial commitments such as real estate or other assets and sharing day-to-day household expenses

·         the nature of the household, including living arrangements and joint care and responsibility for any children of the relationship

·         the social aspects of the relationship, provided in statements (statutory declarations) by friends and acquaintances

·         the nature of the commitment, including duration of the relationship, how long the couple has been living together and whether they see the relationship as a long-term one.

Please contact Ryan Curtis-Griffiths, Director, Nevett Ford Lawyers Melbourne by email: rcurtisgriffiths@nevettford.com.au or by telephone: +61 3 9614 7111 if you require any advice or assistance.