A de facto marriage visa in Australia offers a way for couples in a committed, unmarried relationship to live together in the country. This visa is crucial for those who are in a genuine de facto partnership with an Australian citizen, permanent resident, or eligible New Zealand citizen. It allows the non – Australian partner to join their loved one, share a life in Australia, and potentially access various social and economic opportunities. However, the application process is intricate and requires careful attention to detail. In this article, we’ll explore the ins and outs of obtaining a de facto marriage visa in Australia.
Understanding De Facto Relationships in Australian Immigration
Definition of De Facto Relationship
In the context of Australian immigration, a de facto relationship is considered to exist when two people are not legally married but are living together as a couple on a genuine and committed basis. This means they share a common life, with aspects such as living arrangements, financial responsibilities, and social activities intertwined. For example, they may live in the same residence, jointly manage household bills, and participate in social events as a couple.
Duration of the relationship also matters. While there’s no strict fixed – term requirement, generally, a relationship of at least 12 months is seen as more likely to be considered a de facto relationship. However, in some exceptional cases, a shorter – term relationship may be accepted if there is strong evidence of its genuineness, such as the presence of a child from the relationship.
Types of De Facto Marriage Visas
Partner Visa (Subclass 820/801 – Onshore)
Subclass 820 (Temporary Partner Visa): This is the initial visa for de facto partners who are already in Australia. Once approved, it allows the applicant to live in Australia while the application for the permanent visa (Subclass 801) is being processed. During this period, the applicant can work and study in Australia. To be eligible, the couple must prove the genuineness of their de facto relationship through various means, which we’ll discuss in detail later.
Subclass 801 (Permanent Partner Visa): After holding the Subclass 820 visa for a certain period (usually at least two years) and demonstrating that the relationship is still genuine and ongoing, the applicant can apply for the Subclass 801. This visa provides permanent residency in Australia, allowing the holder to enjoy all the rights and privileges associated with it, including access to social welfare benefits and the ability to sponsor other family members in the future.
Partner Visa (Subclass 309/100 – Offshore)
Subclass 309 (Temporary Partner Visa): For de facto partners who are currently outside Australia, this is the first – step visa. It enables them to enter Australia and live with their Australian – based partner while waiting for the permanent visa. Similar to the onshore Subclass 820, it requires strong evidence of the genuineness of the de facto relationship.
Subclass 100 (Permanent Partner Visa): After holding the Subclass 309 visa for a period (usually at least two years) and showing that the relationship has endured and remains genuine, the applicant can apply for the Subclass 100. Once granted, it provides permanent residency status in Australia.
Eligibility Criteria
Genuine Relationship Evidence
Shared Living Arrangements: Provide proof that you have been living together. This can include lease agreements in both names, utility bills (such as electricity, water, and gas bills) showing joint accounts, and photographs of your shared living space. For example, if you’ve been living in a rented apartment together, the lease contract signed by both of you is strong evidence.
Financial Interdependence: Documents such as joint bank accounts, joint credit card statements, and mortgage or loan agreements (if applicable) can demonstrate your financial connection. If you jointly contribute to the household expenses, keep records of these transactions, like receipts and transfer statements.
Social and Personal Aspects: Statements from friends, family, or colleagues who can attest to the authenticity of your relationship are valuable. They can describe how they have witnessed your relationship develop over time, your interactions as a couple, and your commitment to each other. Additionally, shared travel itineraries, memberships in joint clubs or organizations, and participation in family events together can also strengthen your case.
Health Requirements
Medical Examination: All visa applicants are required to undergo a medical examination by an approved panel doctor. The doctor will conduct a general health check, including tests for infectious diseases such as tuberculosis. This is to ensure that you do not pose a health risk to the Australian community or burden the Australian healthcare system. If you have a pre – existing medical condition, you may need to provide additional medical reports and, in some cases, may be required to purchase private health insurance to cover the cost of treatment in Australia.
Character Requirements
Police Clearance: You need to provide police clearance certificates from all the countries where you have lived for a certain period (usually 12 months or more in the past 10 years). This is to verify that you have a good character and no serious criminal record. Any criminal convictions, especially those related to violence, drugs, or immigration – related offenses, can lead to visa refusal.
Sponsor Eligibility
The Australian – based partner (sponsor) must be eligible to sponsor you. They need to be at least 18 years old and not have any previous sponsorships that have been refused or cancelled due to non – compliance. Additionally, in some cases, the sponsor may need to demonstrate their financial capacity to support you, especially if there are concerns about your ability to support yourself in Australia.
How to Get a De Facto Marriage Visa in Australia
Step 1: Relationship Assessment and Documentation Preparation
Evaluate Your Relationship: Honestly assess the strength of your de facto relationship. Gather all the evidence that can prove its genuineness, as mentioned above. Start collecting documents well in advance, as some may take time to obtain, such as police clearance certificates.
Organize Documents: Create a system to organize your documents. You can use folders, both physical and digital, to keep track of different types of evidence. For example, have one folder for financial documents, another for living arrangement documents, and so on. This will make it easier to submit a well – organized application.
Step 2: Online Application
Create an ImmiAccount: Go to the official website of the Australian Department of Home Affairs and create an ImmiAccount. This is the platform where you will submit and manage your visa application.
Complete the Application Form: Fill in the partner visa application form accurately. Provide detailed information about yourself, your de facto partner, and your relationship. Be honest in your responses, as any false information can lead to visa refusal.
Upload Documents: Upload all the required documents in the specified format. Make sure the documents are clear, legible, and properly labeled. If you have a large number of documents, consider creating a table of contents to help the visa officer review your application more efficiently.
Step 3: Pay the Application Fee
Fee Amount: The application fee for a de facto marriage visa can be substantial. The fee amount may vary depending on your circumstances, such as whether you are applying for the temporary and permanent visas together or separately. Check the official website for the most up – to – date fee information.
Payment Methods: You can pay the fee online using various payment methods, such as credit cards, debit cards, or BPAY (if available in your region). Keep the payment receipt as proof of payment, as you may need to refer to it during the application process.
Step 4: Wait for Processing
Processing Time: The processing time for a de facto marriage visa can be long, often several months to over a year. This is because the Department of Home Affairs needs to carefully assess the genuineness of your relationship, your health and character, and the sponsor’s eligibility. During this time, be patient and avoid making any assumptions about the outcome of your application.
Communication: The department may contact you or your sponsor during the processing period if they need any additional information or clarification. Make sure to check your email regularly and respond promptly to any requests.
Step 5: Decision Notification
Visa Grant: If your application is approved, you will receive a notice of visa grant. The notice will include details about the visa, such as the visa conditions, the start and end dates of the visa, and any special requirements you need to meet.
Visa Refusal: If your visa is refused, the notice will explain the reasons for the refusal. In some cases, you may have the option to appeal the decision. It’s important to carefully review the reasons for refusal and seek legal advice if you’re considering an appeal.
Tips for a Successful Application
Be Proactive in Document Gathering
Don’t wait until the last minute to start collecting documents. Some documents, like police clearance certificates from certain countries, can take weeks or even months to obtain. Start the process as soon as you decide to apply for the visa.
Provide Supplementary Information
If you have any additional information that can strengthen your case, such as unique aspects of your relationship or special circumstances, don’t hesitate to include it in your application. This could be a detailed letter explaining how you overcame challenges in your relationship or any cultural differences you’ve successfully navigated.
Stay Informed
Immigration policies in Australia can change. Regularly check the official website of the Australian Department of Home Affairs for any updates regarding de facto marriage visas. This will ensure that you are aware of any new requirements or changes in the application process.
Conclusion
Applying for a de facto marriage visa in Australia is a significant step for couples in a committed relationship. While the process is complex and time – consuming, with careful preparation, accurate documentation, and a clear understanding of the requirements, you can increase your chances of a successful application. Remember to be honest, thorough, and patient throughout the process. Good luck with your application, and may you and your partner enjoy a fulfilling life together in Australia.
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