Partner visa changes

The Migration Amendment (Family Violence and Other Measures) Bill 2016  proposed that partner visa sponsorship applications would need to be lodged and approved before the overseas partner visa application could be made.

The Bill has not been enacted as it is still before the Senate. Therefore, this requirement will not commence on 1 July 2017 as previously announced and has been deferred until 2018.

Please call our dedicated team of immigration lawyers and agents if you have any questions or queries.

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Upcoming Partner Visa Changes: Separate Sponsor Application, 3-Year Provisional Partner Visa

The Department of Immigration & Border Protection (DIBP) has indicated that upcoming changes to the partner visa program will include requiring sponsors to lodge and be approved for sponsorship before their partners can lodge a partner visa application and increasing the time required on provisional partner visas from 2 years to 3 years. It is expected that the sponsor application will attract an additional application fee.


The changes to the partner visa program have not been formally announced and no date has been given for implementation of the new planned changes, and it is unknown what the financial ramifications of the changes may be. DIBP indicated that they currently have approximately 88,000 partner visas pending in the onshore pipeline, and partner visa application times for first and second stage partner visa applications have increased dramatically over the last 12 months with the implementation of additional character requirements for sponsors.


Grant rates for partner visas are noted at 81% for subclass 820 (compared to 84% last year), 75% for subclass 801 (compared to 78% last year) and 92% for subclass 100. Current schedule 3 affected cases are at 650 compared to 750 last year. The top countries of citizenship for applicants are China, Philippines and Vietnam.


DIBP also noted that when Natural Justice letters are issued to applicants under section 56 of the Migration Act 1958 and an applicant makes a Freedom of Information request to get a copy of their file from DIBP, DIBP is not required to wait for the FOI request to be completed before making a decision on the partner visa. This is of concern to some applicants and agents as the time to process FOI requests has increased substantially over the last 12 months and it can now take several months for FOI requests to be processed by DIBP.

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Onshore Partner Visa Processing Time

Finally recognising the need to reduce the ever-increasing delays in processing times, the onshore Partner Visa management section of the DIBP recently decided to depart from the usual chronological method of assessing applicants by month of lodgement and favour Partner applications which are potentially of the highest quality and lowest risk.

 

In other words, priority will now be given  for onshore Partner visa applications to low-risk applicants and those regarded by DIBP as fully front-end loaded with documentation that immediately satisfies Partner criteria.

 

Currently average processing times for most Temporary Partner and Permanent applications are currently between 16-23 months from date of lodgement (s/c 820) and from date of eligibility (s/c 801/100).

 

The assistance of migration professionals is imperative if your circumstances require a faster processing time for your onshore Partner Visa application; for instance if you no longer wish to comply with more onerous visa conditions like the ones attached to a Student visa or a 457 visa.

 

Our expertise will ensure that present DIBP requirements are complied with and your onshore Partner Visa application will be decision ready when the time comes for assessment.

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Partner visa (Australia) - married or de facto

You could be granted a Subclass 820/801 or Subclass 309/100 Partner visa if:

• Your partner is an Australian citizen, permanent resident or an eligible New Zealand citizen.

• You are married or can show that you have lived together with your partner in a ‘de facto’ relationship for 12 months.

The 12-month cohabitation can be waived if the couple registers their relationship in the state they live in. Relationship registration is only available for people living in certain Australian states.

Relationship registration in Queensland, Victoria, Australian Capital Territory or New South Wales:

The registration process is different in each state and not all states allow couples to register. If you can register your relationship, you can lodge a Subclass 820 partner visa application without having lived together for the 12 months prior to lodging the visa. You must however be living together when your 820 partner visa is lodged.

For example, to register your relationship in New South Wales, you’ll need to prove that neither of you are married and that one of you has lived in NSW for a short period of time. Registering your relationship in NSW is crucial if you have not lived together for 12 months prior to lodging the application.

To register your relationship in Queensland, you’ll need to prove that neither of you are married and that at least one of you has lived in Queensland for a minimum of 6 months. You must register your relationship in Queensland to be able to lodge the Subclass 820 visa, if you have not lived together for the most recent 12 month period.

To register your relationship in Victoria, you’ll need to prove that neither of you are married and that at least one of you has lived in Victoria for a short period. Victorian relationship registration is essential if you have not lived together for the past 12 months.

To register your relationship in the Australian Capital Territory (ACT), you’ll need to show that neither of you are married and that one of you is ‘usually’ resident in the ACT. An ACT relationship registration allows you to apply for a Subclass 820 partner visa if you have not lived together for 12 months.

We can provide detailed information on relationship registration requirements.

Showing evidence of your genuine and ongoing relationship

In relation to a Subclass 820/801 Partner visa application you must be living together when the visa is lodged. You need to show evidence of your shared life, such as financial commitment to one another, shared living and social recognition of your relationship. We help you put together your evidence to demonstrate your commitment to each other.

A permanent residency partner visa straight away

If you have been living your partner for at least 3 years prior to your application – or you have a child together and have lived together for the previous 2 years, you can apply for the Subclass 801 visa straight away (i.e. without having to hold the Subclass 820 (temporary residence) Partner visa first.  It is ultimately at the discretion of the Department as to whether they will grant the permanent residence visa straight away but if you meet either/both of these policy criteria then you have a good chance.

If this does not apply to you, the Subclass 820 visa application must be submitted first before you can apply for permanent residency. Once 24 months has passed since your first visa application, you can then apply for the Subclass 801 permanent residency visa, by showing that you are still a legitimate couple.

Onshore Partner visas and work rights

If you hold an eligible visa and you lodge your Partner visa, you transition on to ‘Bridging Visa A’ or a BVA when the first eligible visa expires. You have full work rights on your BVA, during the partner visa processing time and you can also obtain a temporary Medicare card for medical services.

It should also be noted that if you lodge a partner application whilst holding a 457 visa, you cannot stop working for the sponsor until your Subclass 820 visa is granted.

If you hold a Working Holiday 417 visa and lodge a partner visa, we can help you apply for a work rights wavier, allowing you to remain working longer that the allowed six months, for one employer.

It currently takes the Department approximately 12 - 15 months to process the Partner visa application.

Please contact us if you would like further information, advice and assistance, including an initial consultation. 

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Migration Legislation Amendment on Partner visa sponsorship

Previously when lodging for a prospective marriage or partner visa, character checks only applied to the visa applicant and not to the Australian citizen or permanent resident sponsor. There has been an amendment to the legislation which took effect from 1 September 2016 which now provides that applicants for a Prospective Marriage (Temporary) (Class TO) visa, a Partner (Provisional) (Class UF) visa and a Partner (Temporary) (Class UK) visa can be requested to:

 

• provide the Minister for Immigration and Border Protection (the Minister) with a police check from the sponsor and to refuse to approve the sponsorship of all visa applicants if this police check is not provided.

 

In addition the legislative amendment provides that the Minister may refuse to approve the sponsorship of each applicant for the visa if the sponsor has been convicted of a relevant offence and, as a result of those convictions, has a significant criminal record. However, the Minister may approve the sponsorship if he considers it reasonable to do so, having regard to certain matters.

 

The change also allows the Department of Immigration and Border Protection (the Department) to disclose any conviction of the sponsor for a relevant offence to each visa applicant included in the sponsorship, with the sponsor’s consent.

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Partner visa - Form 888 Declarants May Expect a Call from the DIBP

Departmental officers are increasingly contacting supporting witnesses to Partner Visa and Prospective marriage visas who provided Statutory Declarations or Forms 888 to verify the content of their statements.

Form 888s (or Statutory Declaration in other forms), which contribute to the assessment of the social aspects of a relationship, must be taken very seriously by supporting witnesses since, under the Statutory Declarations Act 1959, people who intentionally make a false statement in a statutory declaration are liable for punishment of 4 years imprisonment. In addition, the Migration Act 1958 (the Act) provides penalties for providing false or misleading statements of 12 months imprisonment or a fine of AUD12,000.

A Form 888 generally needs to be completed by an adult Australian citizen or permanent resident who knows the visa applicant and their partner or fiancé(e) and the history of their relationship (supporting witness);

A Form 888, like any other Statutory Declaration, must be signed before an authorised person, as prescribed by the Statutory Declarations Act 1959 and Statutory Declarations Regulations 1993.

The list of authorised persons includes:

• Justice of the Peace;

• medical practitioner;

• legal practitioner;

• civil marriage celebrant or registered minister of religion;

• dentist;

• nurse;

• optometrist;

• pharmacist;

• physiotherapist;

• full-time teacher;

• police officer; or

• public servant with 5 or more continuous years of service.

 

Any attachments to the Declaration must also be certified by a prescribed person.

If the Applicant is overseas and no Australian citizen or permanent resident is available to provide a Form 888, it may be filled in by someone who is not an Australian citizen or permanent resident, however, in these circumstances, the statement cannot be considered a statutory declaration under Australian law: the form 888, under policy, should then be witnessed or certified according to the legal practices of the country in which the statement is made. Failing that, it should be witnessed by a person whose occupation or qualification is comparable to those listed above. This person should sign, date and specify their occupation at the bottom of the statement. At best these requirements should also be confirmed with the nearest DIBP office overseas.

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Recent changes to Victorian relationship registry

Recent changes from the Victorian Registry of Births, Deaths and Marriages brings good news to Victorian couples. Prior to the change, any couples who wanted to register for a ‘domestic relationship’ were required to demonstrate that each person to the relationship had been living in Victoria for at least 12 months prior to application.

 

New changes came into effect from 1^st July 2016 and the ’12 months residing in Victoria’ requirement for each partner has been removed.  Below is an outline of the new eligibility to register a domestic relationship:

• both parties must be 18 years of age or older and be in a registrable domestic relationship;
• at least one party must prove that they live in Victoria, and;
• neither party is:

• married
• in another registered relationship
• in another relationship that could be registered.

This change is particularly relevant for couples who are living in Victoria and intend to apply for an Australian Partner visa as the ‘12 months – De facto’ requirement set out by the Department of Immigration and Border Protection is automatically waived for any couples that have obtained a ‘domestic relationship certificate’ from the Victorian Registry of Births, Deaths and Marriages.

 

However couples must remember that the domestic relationship certificate only waives the time period requirement and the Department of Immigration still requires couples to demonstrate that the relationship is ‘genuine and continuing’.

 

Couples must remember that they still have to meet the following aspects of the Partner Visa: 

1. Financial aspect;
2. Nature of the household aspectp;
3. Social aspect, and;
4. Nature of commitment to each other aspect.

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Proposed changes to Partner Visas

A bill has been introduced to parliament which if passed, will mean that there will be substantial changes to the family visa application process. Below is an extract from the Explanatory Memorandum:

 

To address the integrity issues currently experienced in the sponsored family visa program (the program), the Bill will extend relevant aspects of this sponsorship framework to apply to family sponsored visas with a view to:

• separate sponsorship assessment from the visa application process for family sponsored visas;
• require the approval of persons as family sponsors before any relevant visa applications are made;
• impose statutory obligations on persons who are or were approved as family sponsors;
• provide for sanctions if such obligations are not satisfied; facilitate the sharing of personal information between a range of parties associated with the program; 
• improve the management of family violence in the delivery of the program by allowing the refusal of a sponsorship application; and
• cancellation and / or barring of a family sponsor where inappropriate use of the program or serious offences are detected – especially those involving family violence

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Applying for Same Sex Partner Visa

The Australian Partner Visa allows a person in a same-sex relationship with an Australian citizen, permanent resident or eligible New Zealand citizen to apply for permanent residency.

Successful applicants are granted a temporary, two year visa which allows them to work full time, travel to and from Australia and access to medical services.


After two years, from the date of lodgement of Partner Visa application, the Department of Immigration and Border Protection (DIBP) will assess your application and will grant permanent residency visa upon satisfaction.

Same Sex Partner Visa Eligibility

To be eligible for Partner Visa, you and your partner must satisfy the following:

• that your relationship is genuine;
• you and your partner are living together;
• any separation time has only been temporary.

Type of Partner Visa Available

Nevett Ford Lawyers can help you to prepare and lodge visa applications, including:

• Partner visa (subclass 309 and 100)

  This visa allows a partner of an Australian or eligible New Zealand citizen to travel and live in Australia.

• Partner visa (subclasses 820 and 801)

  This visa allows a partner of an Australian or eligible New Zealand citizen to stay in Australia until an application for a permanent visa is lodged.

Australian immigration law is complex and subject to change.  It is important to obtain up-to-date information before applying for this visa.  


 Please contact Nevett Ford Lawyers for further information, assistance and advice.

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Love & marriage… do not have to go together with the horse and carriage

The Federal Court aptly referenced Frank Sinatra’s hit on “love & marriage” in deciding whether romantic love is a requirement for a partner visa.  


This case involved a couple who were undoubtedly in a relationship of sorts, but admittedly not “in love”. The Federal Court in rejecting an appeal from the Federal Circuit Court, unanimously held that the absence of romantic love was not necessarily  fatal in determining a partner visa application. The Court held that romantic love is not a determinative factor and cannot be elevated above the considerations in which a delegate is bound to consider.


This does not mean that applications based on contrived relationships will have greater chances of success; all standards of the regulations must still be satisfied. This case does however recognise that people enter into relationships for a variety of reasons - love not always topping the list.


Minister for Immigration and Border Protection v Angkawijaya [2016] FCAFC 5 (29 January 2016).


If you have any queries in relation to your partner visa application, please contact Nevett Ford Lawyers Melbourne on (03) 9614 7111 or melbourne@nevettford.com.au.

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Partner visa - are you providing enough evidence to the DIBP?

The Permanent Partner visa (second stage) is the Subclass 100 and the Subclass 801. Generally the Department of Immigration and Border Protection (DIBP) will make contact with you approximately two years after the Partner visa is lodged. At the time of request, the applicant generally needs to provide:

1. statements from the applicant and the sponsor;
2. updated police clearance in Australia; and
3. updated evidence of cohabitation, financial and social aspects of the relationship.

 

We have recently received many enquiries concerning applicants that have lodged their own Subclass 100/801 that have received unfavourable decisions or request for further evidence from DIBP despite having presented the usual documents and evidence required for this visa.

 

This issue has arisen due to DIBP becoming stringent with assessing documents provided during the second stage of the partner visa and subsequently it is seeking more evidence than only statements and updated police clearance. DIBP’s requirements are to see evidence that the relationship is genuine and continuing following the grant of the temporary visa. Further to lodging the temporary partner visa application, it is ideal to keep a healthy record of all the documents between you and your partner in preparation of the permanent visa stage.

 

Deciding on the evidence that DIBP requires can be difficult and can delay the approval of the visa if not correctly submitted.

Nevett Ford has extensive experience in different areas of migration and can assist you with preparing an application that satisfies DIBP. For further information please contact us for a consultation.

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Fake couples and social security payments

Fake couples fraudulently claiming social security payments, or committing migration fraud, are to be targeted nationally under a blitz to be unveiled this week.

A new data-matching program will be launched to expose couples in “contrived” marriages who are receiving welfare individually, and legitimate couples who claim to be single so they can fleece taxpayer money.

The Federal Government crackdown will involve the departments of Immigration and Border Protection, and Human Services, with welfare recipients who are on single payments but have declared sponsorship of a partner for immigration purposes under the microscope.

Immigration Minister Peter Dutton said the joint operation would begin next week and target fraudsters exploiting the partner visa program.

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Partner visa - fee increase

The Australian Department of Immigration & Border Protection (DIBP) will increase some partner visa application fees from 1 July 2015, as follows:


Propective Marriage (subclass 300) visa
Price now: $4,630 (primary applicant)


Price from 1 July 2015: $6,865


Partner (subclass 309/100) visa
Price now: $4,630 (primary applicant)


Price from 1 July 2015: $6,865


The price for Partner (subclass 820/801) visa remains the same.


We suggest that you get in contact with us if you have been considering lodgement of a Partner based visa as it may be best to proceed with an application before 1 July 2015.

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Spouse & Partner visas

 

SPOUSE & PARTNER VISAS

 

This visa is for those in committed relationships.

These visas allow you to enter or remain in Australia on the basis of your married or de-facto relationship with your partner (a) on a temporary partner visa (usually for a waiting period of approximately two (2) years from the date you applied for the visa) or (b) on a permanent partner visa if, after the waiting period (if applicable), your partner relationship still exists and you are still eligible for this visa.

This visa includes dependent children and other eligible dependent relatives.

Who is eligible for a Spouse Visa – Onshore and Offshore?

Married Applicants - Your marriage must be legal under Australian Law. If you were married in a country other than Australia and that marriage is valid in that country, generally it will be recognised as valid under Australian law.
There are some exceptions, such as same-sex, underage or polygamous marriages, which are not accepted in Australia. Same-sex couples are not eligible for this visa.

De Facto Applicants - You and your partner must have been in a de-facto relationship for the entire 12 months immediately prior to making application and you must have been living together for at least six months immediately before application.  Same sex couples can apply under this subclass and use the same criteria.

The 12-month requirement may be waived if:

1. you can demonstrate compelling and compassionate circumstances, (e.g. you and partner have children)  
2. all the following circumstances apply:
   1. your partner is, or was, the holder of a permanent humanitarian visa
   2. prior to their permanent humanitarian visa being granted, you were in a relationship with your partner that meets the requirements of a de facto relationship and
   3. the department was informed of this before the permanent humanitarian visa was granted.

Other Requirements for a Spouse Visa – Onshore and Offshore (subclass 820/801 and subclass 309/100 visa)

You must be sponsored by an eligible sponsor. An eligible sponsor is an Australian citizen or permanent resident, or an eligible New Zealand citizen, who undertakes sponsorship obligations. Usually, the sponsor is your partner and is over 18 years old.

You and your partner must show a mutual commitment to a shared life as husband and wife to the exclusion of all others. You and your partner must be living together or, if not, any separation must be only temporary. You must also have a genuine and continuing relationship with your partner.

Benefits of the Prospective Marriage Visa (subclass 300 visa) - Offshore

Spouse temporary visa (onshore and offshore visas) – permit you to enter or remain in Australia with your spouse, until a decision is made regarding your permanent visa, work in Australia, study in Australia, but you will not have access to government funding for tertiary study and Australia's medical benefits expenses and hospital care scheme, Medicare.

Spouse permanent visas (onshore) – allow you to remain permanently in Australia with your spouse, work and study in Australia, enrol in Australia's medical benefits expenses and hospital care scheme, Medicare. You may also be eligible to receive certain social security payments and apply for Australian citizenship (subject to the residency eligibility criteria)

Note: In certain circumstances you can apply to go straight to permanent residency without the two year temporary residency requirement.

 

 

 

 

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Government lodgement fees for partner visa subclasses are set to sky rocket in 2015!

The Department has announced that as of 1 January 2015, Government lodgement fees for partner visa subclasses will increase by 50%.


Provisional and permanent partner visas - currently priced at $3085 will increase to $4627.50

Prospective marriage visa - currently priced at $3085 will increase to $4627.50

Temporary and permanent partner visas - currently priced at $4575 will increase to $6865.50

Partner visa applications submitted prior to 1 January 2015 will not be impacted by the change in fees.

For additional information, contact Nevett Ford Lawyers on 03 9614 7111 or visit our website at http://nfmelbournelawyers.com.au/index.php

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Partner Visas 

If you are married to an Australian citizen, Australian permanent resident or eligible New Zealand citizen, plan to marry one, or you are in a in a relationship with one, you can apply for and obtain an Australian immigration partner visa.

The applicant must be sponsored by their Australian independent or de-facto partner aged over 18 years, and the sponsorship must be for a minimumperiod of 2 years.

General requirements for Australian partner visas are:

• The sponsorof the applicant must be an Australian permanent resident, Australian citizen, or eligible New Zealand citizen.
• Both the applicant and the sponsor must be aged over 18 years.
• The applicant must be married to or in a relationship with the sponsoring partner for at least 12 months.
• A satisfactory proof that the relationship or the marriage is genuine, e.g. that you live together, that the relationship is strong and there is mutual commitment. This happens usually by attending an interview and providing documentation including photos, joint bank statements etc.

There are 2 types of partner visa: Temporary partner visa and Permanent partner visa.

Temporary Partner Visa
If you have applied for a partner visa while outside Australia, you must be outside Australia when you receive the temporary partner visa.

If you have applied for a visa while in Australia, you must be in Australia at the time you receive the temporary partner visa.

If you have been granted a temporary partner visa, you:

• Are allowed to travel in and out of Australia until a decision about your permanent partner visa is made.
• Can work and live in Australia with your partner.

Permanent Partner Visa
If you have applied for a permanent partner visa while outside Australia, you are allowed to be in Australia or outside Australia when you receive your permanent visa.

If you have applied for permanent partner visa while in Australia, you must be in Australia when you receive your permanent visa.

In most cases, permanent residence cannot be granted prior to two years from the time you have applied. However, you can get a permanent visa without having to wait for two yearsif at the time you apply you meet certain criteria.

The waiting period (of 2 years) for permanent residence can be revoked if at the time you have applied:

• You have been together (in a relationship) with your partner for 5 years or more (as a de facto partner or married ); or
• You and your partner have been in married or in a de facto relationship for 2 years and have children.

Partner Temporary Visa and Permanent Visa (Subclass 820 and 801)
If you are onshore in Australia living with your partner in a de-facto relationship or marriage with eligible Australian Resident, Citizen or New Zealand citizen, you can apply for the Subclass 820/801 Partner Visa.

This visa will allow you to remain in Australia:

• on temporary basis (usually for a waiting period of two years from the date you applied for the visa)
• on permanent basis if, after the waiting period (if applicable), you are still in a relationship or married to your partner (the relationship exists) and you are still eligible for this visa.

Partner Temporary Visa and Permanent Visa (Subclass 309 and 100)
If you are offshore (outside Australia) and want to be with your partner in Australia, you can apply for the Subclass 309/100 Partner Visa.

This visa allows you to enter and remain in Australia living with your partner:

• on temporary basis (usually for a waiting period of two years from the date you applied for the visa)
• on permanent basis if, after the 2 years waiting period you are still in relationship/marriage with your partner and eligible for this visa.

The visa fees depend on the type of visa you apply for.

All the general visa requirements, such as health & character clearance, Australian values statement, minimum age of 18 years etc. must be met in order to lodge a visa application.

Please contact Ryan Curtis-Griffiths, Director at Nevett Ford Lawyers if you require advice and assistance - telephone: 03 9614 7111 or by email at: rcurtisgriffiths@nevettford.com.au.

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What is the one year relationship requirement? De facto partner visa

What is the one year relationship requirement?

The "one year de facto relationship requirement" is a criterion that must be met by applicants for the following visas who claim to be in a de facto relationship:

• a permanent visa
• a business skills (Provisional) (Class UR) visa
• a business skills (Provisional) (Class EB) visa
• a student (Temporary) (Class TU) visa
• a partner (Provisional) (Class UF) visa
• a partner (Temporary) (Class UK) visa
• a general skilled migration visa.

To satisfy this requirement, the couple must demonstrate that they have been in a de facto relationship for at least 12 months before the visa application is made. For migration purposes, a person is in a de facto relationship with another person if they:

• are not married to each other
• have a mutual commitment to a shared life to the exclusion of all others
• are in a genuine and continuing relationship
• live together or do not live separately and apart on a permanent basis
• are not related by family.

Living together

Living together is regarded as a common element in most on-going relationships. It is recognised that, for various reasons, couples may sometimes have to live apart. Provided the separation is temporary and the couple had, at some point since commencement of the relationship lived together, their relationship might still satisfy the requirements of a de facto relationship.

For this reason, the one year relationship criterion does not require the couple to have physically lived together for the entire 12 months, but rather to have been in a de facto relationship for that period.

Partners who are currently not living together may be required to provide additional evidence that they are not living separately and apart on a permanent basis in order to satisfy the requirements of a de facto relationship.

What evidence is considered?

When submitting evidence of a de facto relationship, applicants must be able to demonstrate that their relationship has existed for at least one year before the application is made. Evidence may include but is not limited to:

The history of the relationship through a signed statement regarding:

• how, when and where the couple first met
• how the relationship developed
• the couple's domestic arrangements, that is, how they support each other financially, physically and emotionally and when this level of commitment began
• any periods of separation, when and why the separation occurred, for how long and how the couple maintained their relationship during the period of separation
• the couple's future plans.

Financial aspects of the relationship, such as:

• joint ownership of the house or joint names on a lease
• correspondence addressed to the couple at the same address
• details of financial commitments including bank statements, and any joint liabilities.

The nature of the household, such as:

• any joint responsibility for the care and support of any children
• the couple's living arrangements including sharing responsibilities within the home.

Social context, such as:

• evidence that the couple is generally accepted and recognised as a couple socially such as joint invitations
• evidence of common friends
• assessments by the couple's friends and family of the relationship
• joint travel or joint participation in sporting, social or cultural activities.

The couple's commitment to each other, such as:

• the duration of the relationship including knowledge of each other
• intention to have a long term relationship, for example, through terms of their wills
• correspondence and telephone accounts to show that the couple maintained contact during any periods of separation.

Exemptions from the one year relationship requirement

The one-year relationship requirement does not apply if the applicant can establish that:

• there are compelling and compassionate circumstances for the grant of the visa, for example, there is a child of the relationship
• the relationship is registered under a law of a state or territory prescribed in the Acts Interpretation (Registered Relationships) Regulations 2008 as a kind of relationship prescribed in those regulations
• their partner is, or was the holder of a permanent humanitarian visa and, before the humanitarian visa was granted, was in a de facto relationship with the applicant that was declared to the department at the time
• their partner is an applicant for a permanent humanitarian visa.

Please contact Ryan Curtis-Griffiths, Director at Nevett Ford Lawyers if you require advice and assistance - telephone: 03 9614 7111 or by email at: rcurtisgriffiths@nevettford.com.au.

Legal advice and assistance is highly recommended.

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