The De Facto Relationship Requirement
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- Опубліковано 12 бер 2020
- This video discusses meeting the de facto relationship requirement. To be able to apply for any partner visa or be include your partner as a secondary applicant on your student visa, you must be classified as a member of the family unit. To be assessed as a member of the family unit you must be the spouse (husband or wife), or the de facto partner.
Visas in which you must meet the de facto requirement include:
Partner Visa (Subclass 801/820) or (310/100)
NZ Citizen Family Member (Subclass 461)
Or being added to your de facto partners visa
Relevant Links:
✔ Partner Visas: www.pathwaytoaus.com/services/...
✔ Including your partner on Student visa: www.pathwaytoaus.com/blog/can-...
✔ Australian Visas: www.pathwaytoaus.com/visas-to-...
Just being in a relationship with a partner does not guarantee you will be able to meet the de facto requirement. Immigration doesn’t care that you love each other endlessly. Immigration care what documentation you can provide to meet this requirement. You need to be able to demonstrate the relationship on paper.
To meet the de facto requirement you must prove that:
you and your partner are in a mutual commitment to a shared life to the exclusion of all others
are in a genuine and continuing relationship
live together and do not live separately on a permanent basis'
Some of the requirements that immigration will judge your de facto relationship include:
The Financial Aspect
The Nature of the household
The social aspect of the relationship
The couple's commitment to each other
Generally speaking, to have your visa approved, you must demonstrate that you meet the de facto relationship for at least 12 months before the application is made. This 12-month requirement can be waived by demonstrating compelling or compassionate circumstances. However, if you can register your relationship in a relevant state or territory, you may be able to waive the 12 month de facto requirement. Please note not every state in Australia allows you to register a relationship. Find more information on how to register a relationship here.
There is no exact set of documentation you can provide to meet the requirement. No relationship is the same, so rarely would a couple have the same documentation. What I will go through is a rough overview of some of the documents you can provide.
The Financial Aspect of the relationship
Joint Bank Accounts - that are used frequently
Evidence of fund transfers to each other
Evidence of pooling of funds to make purchases
Evidence of joint loans
Sharing of household expenses
The Nature of the Household
What documents can you provide to demonstrate you live together
Joint leases/rental receipts
Joint ownership of property
Correspondence addressed to either or both parties at the same address
Shared responsibility for childcare or housework
The Social aspects of the relationship
Registered relationship certificates
Statements of parents, family members, relatives, friends and other interested parties. Statements in the form of statutory declarations should be encouraged on the basis that, as a legal document, they carry more weight. (Note:
The department provides a specific form for this purpose (form 888 Statutory declaration by a supporting witness in relation to a Partner or Prospective Marriage visa application) however, any statement that meets statutory declaration requirements is acceptable).
Joint membership of organisations or groups, documentary evidence of joint participation in sporting, cultural, social or other activities.
Joint travel and plans for the future.
Whether the parties present themselves as a couple socially.
The Nature of the Commitment
the duration of the de facto relationship
the length of time the parties have lived together
the degree of companionship and emotional support that the parties draw from each other
whether the parties refer t[bookly-cancellation-confirmation]o the relationship as for the long term.
Superannuation Beneficiaries
If you have any questions about partner visas to Australia or meeting the de facto relationship requirement, feel free to contact Pathway to Aus:
W: PATHWAYTOAUS.COM
E: INFO@PATHWAYTOAUS.COM
P: +61 7 55 265 900
FB: FACEBOOK.COM/PATHWAYTOAUS
Well done champion,Thanks for explaining that in simple terms!!
Legend!!!
Happy to help
This was SO helpful!
You helped me a lot! cheers
very helpful, thank you.
Thank you so helpful
Do you know how I can register my relationship in SA in a way that is recognized by the immigration authorities?
Its not financially viable for my partner and i to live for extended periods of time in the same country before being accepted for a partner visa. What can we do about this?
Great content . What if you have kids but in long distance relationship
how do you meat the requirement if your partner lives overseas
Thanks for the info. Does it change if the couple have a child and have been married for more than 4 years? Is there any video about that here?
Thanks in advance 😊
well explained
I was confused between de facto and prospective marriage.
I guess prospective marriage is suitable more
Thank you
I would like to know if, besides registering a defecto relationship, can I apply for a marriage certificate before applying for a partner visa? Thanks for the advice ☺️☺️☺️☺️☺️☺️
We have to show any kind of funds for that visa ?
How can we provide that much info for a partner visa when we have been together for 5 months and my visa Runs out in 7 months ? We are married and living Together and my visa was for 90 days but can stay for 365
Hi, thanks for the helpful info! would be much appreciated if you could clarify, 820 visa application holds a question "Date applicant and sponsor committed to a shared life
together to the exclusion of all
others" - in case of married couple, does that refer to the marriage date or the date when we for example moved in together/entered into relationship? Thanks in advance! the form asks sort of same question in different forms, making it all so confusing.
I would say this is the date you committed to a genuine relationship. The date the relationship became exclusive
thanks you very much for a good knowlage i hope soon will contact with you sir when i talk with my partner
Always welcome
That was very helpful, just one question - a Police Certificate is required as a Character Document, I can get one but I don't think I will have it by the time of application due to delays in processing caused by Covid. Will it be okay to add this to the application a couple of weeks after I first submit
For the partner visa, you can usually submit the police check after lodgment.
Hola ! No hablo inglés pero podrías quitarme una duda? Me han pedido el formulario s56 y Me piden que cuente como se desarrolló mi relación ? Esto quiere decir que tengo que contar todo desde un principio? Desde que lo conocí hasta la fecha?
Creo que sí, tienes que proporcionar la información de cuando empezaste a darles un marco de tiempo de tu relación.
We registered our relationship before applying for Partner visa. But we applied for the visa before the relationship certificate arrived as it takes 28 days cooling period and then additional 2 weeks before you received the hard copy. At the time of application we attached the intent to register. We added the certificate later on but didn't have it on the day we applied.Is this a problem?
Hi Poonam, I think it all comes down to what over documentation you provided with the application. If you lodged a strong application, I think that you still have a reasonable chance
What do you do when your partner live in Sydney and you live in New York? How am I able to live with her? I know there is a visa for visiting but that's only 90 days. What do we do then?
Hi, if you can build up sufficient documentation you may be able to do a partner visa after the visitor visa. Or alternatively, you could potentially look at the prospective marriage visa. we would recommend booking in for a consultation with a registered migration agent - pathwaytoaus.com/book-a-consultation/
As a senior on a pension... without savings. How do you think my chances are getting him as a partner without financial stability except pension
It could be difficult. Do you live together?
Music annoying. Great info tho.
Regarding Marriage - Women are in Business Men are in Love ;)
I have applied for visa sub class 300 in June 2021. My fiancee is living in Melbourne and she is an Australian citizen. I am yet to obtain the visa. How long will it take to process and grant prospective marriage visa generally?
Hello
Can I know what documents did you present?
I am having the challenge to prove a defacto relationship which goes now for 4 months.
Iam a visa 484 holder and wanna do the subclass visa for my girlfriend.
Obviously in that short time we don’t have a huge list of materials for proving the relationship. (A couple booking,friends statements, she got her postage send to my address als ready. ( we plan to live together soon)
I am afraid the chances are high they will decline our case or is it maybe easier because I need even to inform my sponsor about the relationship so they are aware of her.
What do you think, although you haven’t got many informations yet.
Have you registered your relationship?
In case, if we are already married for 2 years and have Family registration Certificate and also living together in one house for 2 years together, what docs we should be needed while applying visa.
Those documents should be sufficient
Thank you very much. But I have a question. What if we say "de facto" in EOI but after that we get married before the lodgment? Thanks
That will not be an issue.
Hello! Planning to apply for skilled visa and de facto visa for my partner. Can we go together in Australia? Like fly together?
If you both have a visa, I don't see why you couldn't enter together
Hi, I’m living with my partner together last 5 years. We have joint account, lease on our name, car insurance and car loan. My partner is married but he’s separate from his wife last 6 years, so can we eligible to register de facto or not. Please advice me..
You can only register a relationship if he is divorced
Hello! I was in Melbourne and lived with my partner from July 2019 up until February 2020. My visa was expiring and needed to go back home in the Philippines. I was supposed to go back July this year and register our relationship before lodging our defacto application but then the border closed due to Covid.
Do we have to be both present in Victoria to register our relationship? TIA!
I believe only 1 needs to be present
@@Pathwaytoaus Thank you!!!
hi ma'am Joy ☺️ i am planning to apply also for partner visa for my long time partner. Is the immigration very strict on the requirements for defacto?
can i invite my de facto partner from overseas via visitor visa (family steam)? I cant apply for subclass 300 as im holding a 5 years sponsor restrictions due to my previous partner visa sponsorship.
If it has been less than 5 years since you lodged the original partner, it will be difficult to sponsor. I don't see it being too much on an issue for a visitor visa though
@@Pathwaytoaus I had knocked in your facebook page to help me to processing my visitor visa, but seem like they are not interested about my case.
hi, my partnet and I have been living together for 9 months today and we have joint account and both our names on the lease. She is 12 weeks preganant today. Do we still need to register our relationshio to waive the 12 months living togher requirement?
I would 100% recommend registering your relationship.
@@Pathwaytoaus Can I apply the 820 visa at first then register our relationship?
How can I wave the visa requirements....is it in Northern Territory
Sorry what do you mean?
If I first registered with my partner (Australian PR) the relationship in Victoria to start the 12-month living together before applying for partner visa, will I be able to live and work in Victoria?
It depends if you meet the de facto requirement. Just registering a relationship does not mean that you meet the de facto requirement on its own
@@Pathwaytoaus From the first day I register marriage with my girlfriend (Australia), what should I do to legally live with my spouse inside Australia (for at least 12 months) who possess an Australian valid visa ?
my partner and i see each other on and off before pandemic came. either he come to my country or i go to australia. when he was here, he stayed for 10 months. when it was my time to visit australia, pandemic came. it took us 3yrs before we met each other again, is it the separation not considered? do i need to count 12 months again to apply for de facto?
thank you for the answer
It depends on many other factors and is difficult to give you a direct answer without knowing your situation better.
Hi Nick just a quick question hopefully you can see this,
I am in a defacto relationship with my bf here in PH, would this be a compelling reason to come back to my country under a student visa?
Thank you.
Yes it is good to emphasise this on the visa application
@@Pathwaytoaus thank you soo much
Hi do we have to live together for 12 months if we already have a child to meet the requirements of a de facto visa
It will certainly help to live together, If you are in Aus, you may be able to register a relationship in certain states to waive the living requirement
Can overseas married have a de facto relationship with Australian and apply for Partner Visa
Yes, but it may be difficult to meet the de facto requirement if you are married
I’m a 49yr old Australian born man. I met my now fiancé online August 2019. She is from Holland. She came out here 24th February 2020. We lived together for 3 months and as coronavirus hit around March..she was granted a BVE but needed to return home and is now back in Holland. I want her back ASAP. We have made plans to marry and build a home here in the Brisbane area. HOW CAN I GET HER BACK during the coronavirus border ban. We don’t want to wait for months and months if we can find a way to get her here. Any advice would be a great help.
Very difficult at the moment. With a BVE it could be even more difficult. It means that she was unlawful in Aus. You can submit a request to enter form on immi, but it will likely be rejected in the current climate.
Pathway To Aus - She was only granted the BVE because her flights kept on being cancelled back to Holland. I took her to the airport on the following day after her Visa expired and we got to the airport and her ETA for the United States had not cleared so she couldn’t board that flight. So we had to wait for the following week for her to leave.
Hi, if my partner holds a bridging visa, it is eligible to apply?
Potentially, but there could be some schedule 3 problems with the visa
Can you tell me cultrual arrange marriage visa
does it have to be 12 months straight? or does half of the year living together count because of jobs?
Hi, if you are living separately because of work it may work. We have done a partner visa before for a couple who were separated a lot due to the applicant working fly in fly out work.
How about married overseas and having marriage certificate from india or bangladesh , marriage certificates from hindu temples or muncipalities or court marriage certificate, in that case all the evidence for d facto still required? or if we married overseas still we would be able to register the relationship in new south wales?
Overseas marriages can be accepted
Can anyone report a false relationship. My husband is legally married but brings his mistress in Australia and now living together in sydney.
You can always submit an enquiry to immi
I hold 491 visa and my divorce is pending in home country court. I am living with new partner since 13 months. Am I eligible to apply for defacto partner visa for new partner?Started living together after one month of 491 visa grant.Current country of residence is out of home country(not Australia)
Hi, you can still be married and have a de facto partner. However, I would recommend you discuss your situation in detail with a registered migration agent. Feel free to give us an email on info@pathwaytoaus.com and we can look at the different options
God Video..Great...I am married I am International Student and I have an Australian Partner too. Our relationship is now I thinks 10 months ...Can I Apply Partner Visa Australia ....
Hi, I would recommend you register your relationship if possible
@@Pathwaytoaus Thanks I can do it
what else I need to do
Hey nick bro ,
Me and my partner never registered relationship and are in relationship since november 2022 , and now we have 8months baby . But during pregnancy at 5th month she left to NZL to stay with her sick sister and now she is back and we r staying together since few months together in a shared lease and all expenses . Also we kept I. Contact and helped her when she went back home to NZL .Do u suggest if not registering relationship and that gap between us will affect my chances of approval for 461 . I still haven’t applied the visa .
Pls help me thanks nick
Hi, sorry I don't really understand your situation completely. I would recommend booking in for a consultation and running through everything in detail
@@Pathwaytoaus Thankyou nick . I would
Like to
Book a consultation . What is the
Process pls
Can we apply on student visa ?
Hi, yes you may be able to. Please give us an email on info@pathwaytoaus.com and we can send through some options
Hello 👋 me nd my patner we are in relationship from 2018
He visited me in 2018 once than i apply visit visa in 2019 it got rejected than after he came to visit me in 2019 in nov -dec we got married after that we are in long distance relationship continue now he will visited me in this year again can we apply partner visa now ?? Offshore 309
Potentially, but the evidence could be weak. Potential Marriage visa could be a better option
@@Pathwaytoaus marriage visa???its 309offshore?????
@@Pathwaytoaus we did court marriage legally (2019)dec2
hi Nick... just wanna ask one quick question.... i have met my BF online on FB but we never met yet... but we are chatting/calling almost everyday just to know more each other since march 2020 and we decided to meet on december 2020... what is the best way to do? i guess we are matured enough to know our decisions to libe together in australia... can we immediately apply for defacto immediately once i arrive australia on december with my visit visa? please assist.
Hi, it could be difficult to meet the de facto requirement if you haven't lived together for a while. If you can register your relationship and meet the other requirements, it may be possible. feel free to book a consult to discuss your situation with a registered migration agent - pathwaytoaus.com/book-a-consultation/
I am married but i have an Australia lady PR as my partner , she also married too, Can. We apply as Defacto Visa...
Up for this question please
Hi @rundul entertainment were you able to apply for de facto visa?