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Difference between partner and de facto visa

Use our online system to apply for selected visas or check visa details. Log in here to apply for a visa as a dependent child. If you do not have an account, you can create one here. Log in here to apply for a visa as a partner.

SEE VIDEO BY TOPIC: Partner Visa Australia - Defacto Evidence

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SEE VIDEO BY TOPIC: Partner Visa Or Prospective Marriage Visa - Which One to Choose?

Are you eligible to apply for a de facto partner visa in Australia

If you are in a de facto relationship with an Australian citizen or permanent resident, or an eligible New Zealand citizen, and you would like to settle in Australia permanently with your partner, you may consider applying for a Partner Visa.

The de facto partner visa application involves a two-stage process, whereby you are first required to lodge a combined application for a temporary and permanent visa. If your application is successful, you will be granted a temporary visa in the first instance, which will allow you to reside in Australia temporarily whilst you await processing of your permanent residence visa application.

Two years following lodgement of your partner visa application, the Department will commence processing your permanent residence visa application. You will be required to submit specified supporting evidence confirming that you remain in a de facto relationship with your Australian partner.

If the outcome of your application is successful, you will be granted permanent residence in Australia. For certain de facto relationships, a permanent residence visa is granted at the first stage. The partner visa class discussed above is also available to married couples. For applicants who are engaged to be married to their Australian partner, a Prospective Marriage subclass visa is available, which too provides a pathway to permanent residence in Australia.

To qualify for a de facto partner visa in Australia , you will need to meet specified valid visa lodgement and grant criteria. One of the most important aspects of a partner visa application involves assessing whether your relationship meets the prescribed definition of a de facto relationship in accordance with the migration provisions. It is important to note that the meaning of a de facto relationship for this purpose will not necessary equate with the ordinary usage of this term or how it is defined in other laws or countries, for example.

The bulk of your visa application will then essentially consist of providing specified information and documents in support of your claim that your relationship meets this definition.

Qualifying for the permanent residence visa will also require you to continue to gather and compile evidence of your relationship throughout the application process i.

Other criteria, such as health and character requirements, must also be met for a successful application. Given the lengthy processing times currently being experienced in processing partner visa applications, you should be prepared for a relatively significant wait time until you reach the permanent residence grant stage provided you satisfy all specified requirements.

Based on current average processing times for de facto partner visa applications, you can expect to wait approximately years for an onshore partner visa application i. It is also important to note that significant changes to how the partner visa application process operates are imminent, with the Government having recently passed a legislative bill which is currently awaiting royal assent and proclamation.

This new law, once it comes into effect, will require sponsorship approval as a prerequisite for lodgement of a de facto partner visa application whereas under the current system, sponsorship and visa approval occur concurrently.

This means that visa applicants will no longer be able to determine the date when they can apply for a de facto partner visa as it will depend on when the sponsorship is approved. How long this process will take is unknown and will therefore require careful planning of your de facto partner visa pathway. Given the added complexity involved in a de facto partner visa application as a result of these changes, having the right information is now even more crucial to maximise your chances of a successful outcome and to avoid a potential refusal.

We therefore highly recommend that you seek professional immigration advice. It is also important to point out that these types of partner visa applications are often not a simple and straight-forward process. They can involve quite complex issues and also require you to provide detailed and comprehensive personal information and documents to prove that you qualify for a partner visa including from third parties such as friends and family.

Being prepared for this upfront can help to make the process easier as you will know what to expect. This article aims to help by providing an overview of the eligibility requirements that you will need to meet to qualify for grant of a de facto partner visa in Australia. Being armed with the right information is key to a successful application. You are also required to be onshore at the time of grant of the temporary subclass visa.

You must also be outside Australia for the temporary subclass visa to be granted. If you have been in a de facto relationship with your Australian partner for at least 3 years or 2 years where there is a dependent child of the relationship , the process will be quicker as you will be granted a permanent residence visa at the first stage i. What are the requirements to qualify for grant of a de facto partner visa in Australia? The migration provisions define a de facto relationship as one where all the following elements exist:.

The above definition is one of the most critical aspects of your de facto partner visa application as it forms the primary basis for determining whether you are eligible for grant of a de facto partner visa. Preparing your application for lodgement essentially involves gathering supporting evidence to address specific aspects of this definition, to confirm to Immigration that you are eligible for a partner visa. As a de facto couple, you must also meet additional requirements for grant of a de facto partner visa which do not apply to married couples.

How do you prove to the Department that you meet the definition of a de facto relationship? In assessing whether your de-facto relationship meets the prescribed definition above, the Department will examine the following aspects of your relationship:. You must ensure that you provide supporting documentary evidence with your application addressing each of the above four aspects of your relationship.

The Department recognises that each relationship is different and that there will be cases where not all of these relationship aspects will be present for example, you may not be living together due to religious or cultural reasons, or due to work commitments.

Immigration will consider your individual circumstances when deciding your application, and it is therefore crucial that you provide all relevant documents at time of lodgement. It can automatically proceed to refuse your application. The most common reasons for partner visa applications being refused is also a valuable piece of information to be aware of, as it allows you to better prepare your application, addressing any potential risk areas, and to anticipate issues arising.

We have also prepared a detailed guide on de facto visa applications which further discusses the eligibility criteria to meet the partner visa grant requirements. In conclusion, we note that the above discussion provides an overview of the eligibility requirements that you will need to meet to qualify for grant of a de facto partner visa in Australia.

We have also referred to several terms which are defined in the migration provisions and whose meanings may differ from their ordinary usage. We recommend that you seek professional advice before you proceed with applying for any visa class, as being fully informed about the process and requirements that apply will give you the best chance of achieving a successful outcome on your application, and thus lessen the chance that it will be refused.

A migration professional can help you to do this. For up to date advice on the de facto partner visa process and eligibility requirements, book your confidential consultation with a migration agent in Adelaide. Share this. What are the visa options available to de facto partner visa applicants? You may be located either in Australia or offshore for grant of the permanent subclass visa. Long-term relationship If you have been in a de facto relationship with your Australian partner for at least 3 years or 2 years where there is a dependent child of the relationship , the process will be quicker as you will be granted a permanent residence visa at the first stage i.

The following key criterion must be satisfied to qualify for visa grant: Both you and your partner must be at least 18 years of age; You must be in a de-facto relationship with an Australian citizen or permanent resident, or an eligible New Zealand citizen; You must be sponsored by your partner be aware that certain individuals are prohibited from being approved as a sponsor ; Your partner must meet a character requirement this will require that they provide specified police checks as part of the application ; and You must also meet health and character requirements.

What is the meaning of a de facto relationship? The migration provisions define a de facto relationship as one where all the following elements exist: You and your partner have a mutual commitment to a shared life to the exclusion of all others ; Your relationship is genuine and continuing relationship ; You and your partner live together , or you do not live separately and apart on a permanent basis; and You and your partner are not related by family.

In assessing whether your de-facto relationship meets the prescribed definition above, the Department will examine the following aspects of your relationship: Financial — joint ownership of major assets, joint liabilities, pooling of your financial assets, etc. Household — your living arrangements, household duties e. Christina Paxinos Registered Migration Agent Posted on: Christina has been in the migration industry for more than 15 years and a migration agent for 5 years.

She has worked with migrants and international students, as a migration agent, as a coordinator of various government programs, an English language teacher and even a counsellor.

Christina has an excellent track record across hundreds of visa applications lodged for her clients to work, study or simply live in Australia. Spotlight on South Australia January Related Articles. Partner Visas. Book your consultation with us today Call us to book a consultation. Make an Enquiry. Get regular updates and information Subscribe to our newsletter.

Partner visa | Spouse or De-facto

See the full details of the new Preclearance scheme here See the full details of the changes here If the Applicant is a visa required national they must apply for an Irish D Join Partner visa prior to entry to the State. When the Family Settlement Unit is established it will be possible to have De Facto Partnership Immigration Permission applications decided prior to entry to the State for non visa required persons as well as for visa required persons. Permission to remain will be in the form of an endorsement in your passport confirming the conditions and period of time for which you have permission to remain in the State.

A partner visa can be sponsored by an Australian citizen and permanent resident by lodging the visa and sponsorship applications. You can apply for a partner visa either on the basis of a de-facto relationship, or a spouse marriage relationship.

If you are in a de facto relationship with an Australian citizen or permanent resident, or an eligible New Zealand citizen, and you would like to settle in Australia permanently with your partner, you may consider applying for a Partner Visa. The de facto partner visa application involves a two-stage process, whereby you are first required to lodge a combined application for a temporary and permanent visa. If your application is successful, you will be granted a temporary visa in the first instance, which will allow you to reside in Australia temporarily whilst you await processing of your permanent residence visa application. Two years following lodgement of your partner visa application, the Department will commence processing your permanent residence visa application. You will be required to submit specified supporting evidence confirming that you remain in a de facto relationship with your Australian partner.

What’s the difference between an Australian Spouse Visa, Partner Visa, De Facto Visa?

You may be eligible for a Partner visa even if you reside outside of Australia if you are married to, or in a de facto relationship with, an Australian citizen, Australian permanent resident or an eligible New Zealand citizen. If you are granted the offshore Permanent Partner visa subclass , you can:. Difference between this visa category and the Partner visa subclasses and The and visa subclasses are similar to the and visa subclasses, including granting similar rights if the applicant is successful. The main difference is where you must be located in order to apply for the visas. You must be outside of Australia in order to apply for and be granted the offshore visa whereas you must be inside of Australia to apply for and be granted the onshore visa, and the onshore visa if you apply for it directly. If you have obtained a visa and are eligible for the corresponding permanent visa, you can be inside or outside of Australia in order to be granted the visa. However if you apply for the visa directly, you must be outside of Australia in order to apply for and be granted the visa. The offshore visa is also a two-stage process, as with the onshore Partner visa. A Partner visa usually involves two stages: an application for a temporary Partner visa, and later being considered for a permanent Partner visa.

Marriage v de facto partnerships in Australia: the legal differences explained

Michelle has had a varied career, working in commercial litigation, criminal law, family law and estate planning. Michelle joined Go To Court Lawyers in She now supervises a team of over 80 solicitors across Australia. A de facto relationship is a relationship in which a couple lives together on a genuine domestic basis. Couples who are same sex or opposite sex are included in the definition of de facto relationship under Australian law.

The make-up of the modern household is quite different to what it used to be even just a generation ago.

A De Facto Relationship means a relationship in which a couple who may be of the same or opposite sex, lives together on a genuine domestic basis. When a couple plans to marry, they think of raising a family together, dedicating their rest of the life to each other. A temporary visa may be granted while the decision is made on your permanent visa.

Proving a De Facto Relationship

A Spouse Visa may be suitable for you if you are currently in a relationship with an Australian citizen or Australian permanent resident or eligible New Zealand citizen, and hope to live in Australia with your partner. To be eligible, it is necessary for all applicants to prove that their relationship is genuine and continuing. Financial commitment, social acceptance, emotional support and the nature of the household, are ways of demonstrating this.

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