Australia, known for its high – quality lifestyle, excellent job opportunities, and world – class education, attracts a large number of people from all over the globe every year. To facilitate the entry and stay of various individuals, the Australian government has established a comprehensive and diverse visa system. Among these, the de facto visa holds a special place.
The de facto visa is tailored for those in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. But what exactly is a de facto relationship? In simple terms, it’s a relationship where two people live together as a couple in a committed and genuine union, much like a married couple, yet without the formal legal marriage certificate. For instance, consider Emily and David. They have been living together for over three years, sharing a home, financial responsibilities, and their daily lives. Even though they are not legally married, their relationship is recognized as a de facto relationship in Australia. This kind of relationship forms the basis for the de facto visa application.
Eligibility Criteria
Relationship Requirements
Duration: As a general rule, the de facto relationship should have endured for at least 12 months. However, there are several exceptions to this norm. If a couple has a child together, the 12 – month requirement can be waived. Take the case of Sarah and Tom. They had a child six months after starting to live together. When applying for the de facto visa, the fact that they had a child made them eligible without having to meet the full 12 – month co – habitation requirement.
Another exception is when the relationship has been formally registered in an Australian state or territory with a relationship registration scheme. In New South Wales, for example, couples can register their de facto relationship. Once registered, they can apply for the de facto visa without waiting for 12 months of co – habitation.
Genuine and Committed: The authenticity of the relationship is of utmost importance. Authorities need to be convinced that the relationship is not a fabricated arrangement to obtain a visa. To prove this, a wide range of evidence can be provided. Joint bank accounts are a strong indicator, as they show financial interdependence. If a couple has a joint mortgage or lease agreement, it demonstrates their shared living arrangement. Correspondence addressed to both parties at the same address, such as utility bills or official letters, also adds to the evidence. Moreover, statements from friends or family who can vouch for the long – term and committed nature of the relationship can be crucial. For example, when James and Alex applied for the de facto visa, they included statements from their mutual friends who had witnessed their relationship grow over the years.
Health and Character Requirements
Health: All applicants are required to undergo a comprehensive health examination. This is to safeguard the Australian healthcare system from being over – burdened by serious health conditions. Certain infectious diseases like tuberculosis in an active stage can be a major concern. If an applicant has a condition that requires continuous and costly treatment, such as advanced – stage cancer or severe mental health issues like schizophrenia that need long – term hospitalization and medication, it may have a negative impact on the visa application. The health examination usually includes medical tests, X – rays, and consultations with approved medical practitioners in the applicant’s home country.
Character: Maintaining good character is a fundamental requirement. This means having no serious criminal record. A history of drug – related offenses, such as drug trafficking or possession with intent to supply, is a red flag. Violent crimes like assault or domestic violence can also lead to an automatic rejection of the visa application. Fraudulent activities, whether it’s financial fraud or document forgery, are strictly not tolerated. For example, if an applicant has been convicted of identity theft in their home country, it will be extremely difficult for them to obtain a de facto visa for Australia.
Types of De Facto Visas
Partner (Provisional) Visa (Subclass 309)
This is the initial step in the two – stage partner visa process. The provisional visa acts as a stepping – stone for applicants. It allows them to enter and reside in Australia while their application for the permanent visa is being processed. For example, when Lily and her Australian partner, Ben, applied for the de facto visa, Lily first received the Partner (Provisional) Visa (Subclass 309). This enabled her to move to Australia and start building a life with Ben immediately.
Once granted, the provisional visa typically has a validity period of two years. During these two years, visa holders enjoy several rights similar to Australian permanent residents. They can freely seek employment in any field they are qualified for. If a visa holder is a software engineer, they can apply for jobs in the booming Australian tech industry. They can also enroll in educational institutions. Whether it’s pursuing a master’s degree at the University of Melbourne or taking a short – term vocational course in hospitality management, the educational opportunities are vast. Additionally, they gain access to Medicare, Australia’s public healthcare system. This means they can visit general practitioners for regular check – ups, consult specialists when needed, and receive treatment in public hospitals at subsidized rates.
Partner (Permanent) Visa (Subclass 100)
After successfully holding the provisional visa (Subclass 309) for two years, applicants can progress to the second stage and apply for the Partner (Permanent) Visa (Subclass 100). This is the ultimate goal for many couples as it provides long – term stability. For example, after Lily completed two years on the provisional visa, she applied for the Subclass 100 visa.
The permanent visa offers a plethora of benefits. It gives the visa holder the unrestricted right to live, work, and study in Australia for an indefinite period. They can change jobs as per their career aspirations, move to different cities within Australia, and continue their education without any visa – related limitations. Moreover, once they become permanent residents, they have the right to sponsor other eligible family members, such as their parents or siblings, to come to Australia in the future, subject to meeting the relevant sponsorship criteria.
Application Process
Step 1: Prepare Documentation
Relationship Evidence: Gathering strong relationship evidence is crucial. In addition to the common documents like joint utility bills, holiday photos together can also be very telling. A collection of photos from various vacations over the years can show the long – term and enjoyable nature of the relationship. Letters from friends or family can be detailed. For example, a letter from a close friend can describe how the couple has supported each other through difficult times, like when one of them was sick or faced a career setback.
Identity Documents: The application requires basic identity – proving documents. A valid passport is essential, as it serves as the primary identification document for international travel. The birth certificate is also necessary to establish the applicant’s identity and date of birth. Depending on the applicant’s nationality and personal circumstances, other relevant identity – proving documents may be required, such as a national identity card or a driver’s license.
Health and Character Clearance: Arranging for a health examination with an approved medical provider is a must. The medical provider will conduct a series of tests and assessments as per the Australian immigration requirements. Obtaining a police clearance certificate from the home country or any country where the applicant has lived for a significant period is also important. If an applicant has lived in the United States for five years, they need to obtain a police clearance certificate from the relevant US authorities to prove their good character.
Step 2: Lodging the Application
The application can be conveniently lodged online through the ImmiAccount on the Department of Home Affairs website. This user – friendly platform allows applicants to fill in all the necessary details. However, it’s crucial to be extremely accurate. Even a small error, like misspelling a name or providing an incorrect date, can lead to delays or, in worst – case scenarios, the rejection of the application. For example, if an applicant accidentally enters the wrong date of birth, it may raise doubts about the authenticity of the entire application.
Paying the application fee is an essential part of the process. The fee amount is subject to change over time, so it’s highly recommended to regularly check the official website for the most up – to – date fee information. The fee covers the administrative costs associated with processing the visa application.
Step 3: Processing Time
The processing time for a de facto visa application can vary significantly. On average, it can take anywhere from several months to over a year. In cases where the application is straightforward and all the documentation is in order, it may be processed relatively quickly, perhaps within six months. However, if there are complex relationship issues, such as a history of separations and reconciliations, or if there are difficulties in obtaining some of the required documents, the processing time can be extended. Additionally, the volume of applications being processed at the time also plays a role. If there is a sudden surge in de facto visa applications, the processing time may increase as the immigration authorities have to handle a larger workload.
Rights and Responsibilities on a De Facto Visa
Rights
Work Rights: Visa holders have complete freedom in the Australian job market. They can apply for any job that matches their skills and qualifications. Whether it’s a high – paying corporate job in Sydney’s central business district or a more laid – back job in a coastal town, the opportunities are limitless. They can also change jobs as often as they like, provided they meet the normal employment requirements of the new employer.
Study Rights: The educational landscape in Australia is open to de facto visa holders. They can choose to study at some of the top – ranked universities in the world, like the University of Sydney or the Australian National University. If they prefer vocational training, there are numerous TAFE (Technical and Further Education) institutions across the country offering courses in fields such as trades, hospitality, and healthcare support. Language schools are also an option for those who want to improve their English language skills.
Access to Healthcare: Access to Medicare is a significant advantage. Visa holders can visit general practitioners without having to pay exorbitant fees. For specialist consultations, the out – of – pocket expenses are usually much lower compared to paying full – price as a non – Medicare – eligible person. In case of hospitalization in a public hospital, most of the costs are covered, ensuring that the visa holder can receive necessary medical treatment without financial stress.
Responsibilities
Comply with Visa Conditions: Abiding by all the visa conditions is non – negotiable. For provisional visa holders, notifying the Department of Home Affairs of any change in personal details is mandatory. If a visa holder changes their address, they need to update it within a specified time frame. Similarly, if there are any changes in marital status, such as a separation or reconciliation, it must be reported immediately. Failure to do so can lead to visa cancellation.
Maintain Good Character: Continuing to uphold good character throughout the visa period is crucial. Any new criminal convictions, no matter how minor they may seem, can have serious consequences. Even a minor traffic offense that leads to a criminal charge, like driving under the influence, can put the visa at risk. If a visa holder is found guilty of any criminal activity, the immigration authorities have the power to cancel the visa, which can disrupt their life in Australia and force them to leave the country.
Conclusion
The de facto visa in Australia offers a remarkable opportunity for partners in a committed relationship with an Australian – related individual to start a new chapter of their lives in this beautiful country. Understanding the eligibility criteria, which involve both relationship – specific and personal requirements, is the first step. The application process, though detailed, can be navigated smoothly with proper preparation and accurate documentation. Knowing the rights and responsibilities that come with the visa is equally important to ensure a fulfilling and trouble – free stay in Australia. Whether you are just beginning to explore the possibility of applying for a de facto visa or are already in the middle of the application process, being well – informed is your key to success. In case of any doubts, uncertainties, or complex situations, it is highly advisable to seek professional immigration advice. Immigration agents and lawyers with expertise in Australian immigration law can provide valuable guidance, helping you make the right decisions and increase your chances of a successful visa application.
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