There are various visa options the Australian Government offer for individuals who wish to settle in the country, whether they’re family members, students, refugees, or skilled workers. Generally speaking, you have different visa options to choose from depending on your situation. With that said, however, there are also many permanent residents or Australian citizens who have overseas de facto partners that they are looking to bring into the country. As it is with de facto or common-law relationships in the country, if you want to bring your de facto partner here, you should be able to satisfy the one-year relationship condition, along with other specific considerations.
The One-Year Relationship Condition and Other Relevant Requirements
Essentially, this prerequisite or condition states that for an Australian citizen, the sponsor, to bring his or her de facto partner into the country, the couple should furnish authentic proof of their relationship covering 12 months minimum before even submitting a visa application. In addition, however, the couple should also demonstrate the following:
- Evidence of a continuing and genuine relationship;
- Proof that they live together permanently, and not apart or separate from one another; and
- Evidence of being committed to a shared life that excludes others.
In general, the requirement that you live together is a strict condition, but if you are not cohabitating, then you might need to provide more stringent evidence to demonstrate that you and your de facto partner don’t live apart and separate from each other. These kinds of applications apply to those made overseas or in Australia. Do note however the cohabitation requirement for de facto relationships won’t apply for humanitarian and refugee visas if you have declared that you are applying for a humanitarian or refugee visa for your de facto partner and that you made your declaration during application time.
Is It Possible to Waive The One-Year Relationship Requirement?
Yes, if you and your partner can provide a compassionate and compelling reason why the one-year requirement isn’t necessary. The most compassionate and compelling reasons that would be considered include having a child that resulted from your relationship or living together isn’t possible in your de facto partner’s home country because of the same-sex nature or your relationship.
What Proof Might Be Considered to Show Evidence of a Genuine Relationship?
Examples of evidence that might be taken into account when showing proof of a genuine relationship include the following:
- Joint financial commitments, like having a joint bank account;
- Comprehensive knowledge of personal details about each other;
- Joint property ownership;
- Shared childcare or responsibility; and
- Statutory statements from family and friends about your relationship.
Take note that these requirements are the same kind of proof that is used for demonstrating a domestic de facto relationship. It is, however, crucial to note that immigration laws are being regularly updated, so it is in your best interest to discuss your specific circumstances with a reputable immigration law attorney in Townsville. This will also help increase your chances of securing a partner visa for your loved one.
