De Facto Visas: A Guide for Unmarried Partners

What is a De Facto Partner Visa?

Two Stages of the Visa

1. Provisional Visa (Subclass 820 or 309): The first step is to obtain a temporary visa. Specifically, if you are in Australia, you should apply for Subclass 820. Conversely, if you are applying from outside Australia, you should choose Subclass 309. This visa allows you to live, work, and study in Australia while your permanent visa application is being processed.
   
2. Permanent Residence Visa (Subclass 801 or 100): After holding the provisional visa for two years, you can apply for a permanent visa. Specifically, you may apply for Subclass 801 or 100. Once granted, this visa provides you with indefinite residency in Australia. Consequently, you will enjoy all the benefits of being a permanent resident.

Eligibility Criteria of Partner Visa

Understanding the eligibility criteria is crucial for a successful application. To qualify for a De Facto Partner Visa, you and your partner must meet several requirements:

1. Genuine and Ongoing Relationship: You must prove that your relationship is genuine and ongoing. To do this, demonstrate emotional, financial, and social interdependence. For example, provide evidence like joint bank accounts, shared bills, photos, and statements from friends and family.
   
2. Cohabitation: You and your partner generally need to live together for at least 12 months before applying. However, temporary separations are acceptable if they are not permanent and your relationship remains ongoing.
   
3. Registered Relationship: If you register your relationship under Australian law, you might not need to meet the 12-month cohabitation requirement. Specifically, you can register your relationship in states and territories such as Victoria, New South Wales, and Tasmania.
4. Commitment to a Shared Life: You and your partner must prove your commitment to sharing a life together. For instance, you should show that you plan for the future by buying property, starting a family, or reaching other significant milestones.

Required Documentation for de facto visa

Providing comprehensive and accurate documentation is critical for your De Facto Partner Visa application. The Department of Home Affairs requires evidence that supports your claims of a genuine and ongoing relationship. Here’s a breakdown of the essential documents:

• Identification Documents: Passports, birth certificates, and any legal name change documents for both you and your partner.
• Proof of Relationship: Joint bank account statements, utility bills in both names, lease or mortgage agreements, and photos of you together with family and friends.
• Personal Statements: Both you and your partner should write a detailed statement outlining the history of your relationship, how you met, significant events, and your future plans.
• Health and Character Checks: Police clearances from each country you’ve lived in for more than 12 months in the last 10 years, as well as medical examinations to meet Australia’s health requirements.
• Statutory Declarations: Statutory declarations from family members, friends, or colleagues who can attest to the authenticity of your relationship.

The Application Process

The application process for a De Facto Partner Visa is detailed and can be time-consuming. Here’s a step-by-step guide to help you navigate the process:

Step 1: Gather Documentation

Start by gathering all the necessary documents. This includes identification, evidence of your relationship, and any other supporting documents that prove the genuineness of your relationship. Ensure that all documents are certified copies where required.

Step 2: Lodge the Application Online

Applications for the De Facto Partner Visa must be lodged online through the Department of Home Affairs’ ImmiAccount portal. When applying, you will need to:

1. Create an ImmiAccount if you don’t already have one.
2. Complete Form 47SP, which is the application form for a Partner Visa.
3. Your sponsor (partner) must complete Form 40SP, the sponsorship form.

Step 3: Pay the Application Fee

As of 1 July 2024, the application fee for a De Facto Partner Visa is $9,095 AUD. This fee must be paid at the time of lodging the application.

Step 4: Attach Supporting Documents

Upload all your supporting documents to your ImmiAccount. This includes your personal statements, proof of relationship, and any other required evidence.

Step 5: Receive a Bridging Visa

If you are applying from within Australia, you will be granted a Bridging Visa A (BVA) or Bridging Visa B (BVB), depending on your circumstances. This visa allows you to stay in Australia while your application is processed.

Step 6: Await the Decision

Processing times for the De Facto Partner Visa can vary, but generally, it takes between 16-24 months for a decision to be made. During this time, you may be contacted by the Department of Home Affairs to provide additional information or attend an interview.

Costs and Processing Times

Understanding the financial and time commitments involved in applying for a De Facto Partner Visa is crucial. Here’s what you need to know:

Visa Application Fee

The visa application fee is $9,095 AUD as of 1 July 2024. This fee is non-refundable, even if your application is refused. In addition to the visa application fee, there may be additional costs for:

• Health Checks: These can vary depending on your location and the services required.
• Police Clearances: You will need to obtain police clearances from every country you’ve lived in for 12 months or more in the last 10 years.
• Translations: Any documents not in English must be translated by an accredited translator.

Appeals and Review Process

If your visa application is refused, you have the option to appeal the decision. The appeal must be lodged with the Administrative Appeals Tribunal (AAT), with a filing fee of $3,400 AUD. The AAT will be replaced by the Administrative Review Tribunal (ART) on 14 October 2024.

Processing Times

Processing times for the De Facto Partner Visa can range from 16 to 24 months. This timeframe can vary depending on the complexity of your case and the volume of applications being processed by the Department of Home Affairs.

Proving Your Relationship

The success of your De Facto Partner Visa application largely depends on your ability to prove that your relationship is genuine and continuing. Here’s how to present your case effectively:

Financial Aspects

Joint financial responsibilities are one of the strongest indicators of a genuine relationship. This can include:

• • Joint Bank Accounts: Show statements from accounts held jointly by you and your partner.
  • Shared Bills: Provide copies of utility bills, rent payments, or mortgage statements in both names.

Household Responsibilities

Evidence of shared household responsibilities further strengthens your application. Consider providing:

• • • Lease or Mortgage Agreements: Show that you live together by providing rental agreements or mortgage statements.
    • Utility Bills: Demonstrate that you share household responsibilities by including utility bills in both names.
    • Grocery Receipts: While less formal, joint grocery receipts or similar documents can also be useful.

Social Context

The social aspects of your relationship are equally important. Provide evidence such as:

• • • Photographs: Include photos of you together at social events, with family and friends, and during travel.
    • Social Media Posts: Screenshots of social media interactions that show your relationship can be helpful.
    • Invitations: Wedding invitations, birthday parties, or other social events where you were invited as a couple.

Future Commitment

Demonstrating your future commitment to each other can include:

• • • Future Plans: Outline your future plans as a couple, such as buying a house, planning to start a family, or long-term travel plans.
    • Legal Documents: Wills, powers of attorney, or any other legal documents that name each other as beneficiaries or decision-makers.

Common Challenges and How to Overcome Them

Applying for a De Facto Partner Visa can present several challenges. Here’s how to address some of the most common issues:

Work Rights on a Bridging Visa

While you wait for your visa application to be processed, you may be granted a Bridging Visa with work rights. If your Bridging Visa does not automatically include work rights, you can apply for them by demonstrating a compelling need, such as financial hardship.

Living Apart

Temporary separations due to work, study, or family commitments are generally acceptable, provided you can demonstrate that the separation is temporary and that your relationship remains strong. Keep records of communication during this time, such as emails, messages, and phone logs.

Criminal Records

A criminal record does not automatically disqualify you from obtaining a De Facto Partner Visa, but it can complicate the process. If either partner has a criminal history, it’s essential to be transparent and provide detailed explanations, character references, and evidence of rehabilitation.

Proving a De Facto Relationship Without Cohabitation

If you haven’t lived together for the required 12 months, you might still apply for a De Facto Partner Visa. However, if your relationship is registered or you face compelling and compassionate circumstances, you could qualify. Therefore, provide detailed explanations and evidence to support your claims. This approach will help you meet the requirements even without the standard living period.

Registering Your Relationship

Registering your relationship can simplify the visa process by waiving the 12-month cohabitation requirement. Here’s what you need to know about relationship registration in Australia:

States and Territories Recognising Relationship Registration

• • • Victoria
    • New South Wales
    • Tasmania
    • Queensland
    • Australian Capital Territory

States Not Recognising Relationship Registration

• • • South Australia
    • Western Australia
    • Northern Territory

FAQs About De Facto Partner Visas

• • 1. What is a De Facto Partner Visa?
       A visa that allows a non-Australian citizen to live in Australia based on a genuine relationship with an eligible sponsor.
    2. Who can sponsor a De Facto Partner Visa?
       An Australian citizen, permanent resident, or eligible New Zealand citizen can sponsor a De Facto Partner Visa.
    3. Do we need to live together to apply?
       Generally, yes, but there are exceptions, such as registering your relationship or providing compelling evidence.
    4. What happens if my relationship ends during the process?
       If the relationship ends before the visa is granted, the application may be refused.
    5. How do I appeal a visa refusal?
       You can lodge an appeal with the AAT (soon to be ART) within the specified timeframe.
    6. How long does it take to process a De Facto Partner Visa?
       Processing times range from 16 to 24 months, depending on various factors.
    7. What is the cost of applying for a De Facto Partner Visa?
       As of 1 July 2024, the application fee is $9,095 AUD.
    8. What if we’ve only lived together for a short time?
       If you’ve lived together for less than 12 months, you may still apply if your relationship is registered or if there are other compelling circumstances.
    9. Can I work while waiting for my visa decision?
       Yes, if your Bridging Visa includes work rights. If not, you can apply for them based on financial need.
    10. What documents do I need to provide?
        Essential documents include identification, proof of relationship, personal statements, and health and character checks.

Good luck with de facto visa!

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