Australia’s immigration system recognizes the importance of family unity, and one of the key pathways available to couples is the Partner Visa. This visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live, work, and study in Australia. For those in de facto relationships, it provides an opportunity to establish a life together without the need for a formal marriage certificate. However, applying for this visa requires careful documentation and adherence to strict eligibility criteria. Understanding the steps involved is crucial to increasing the likelihood of a successful outcome.
What is a De Facto Relationship Under Australian Law?
A de facto relationship refers to two people either of the opposite sex or same sex who are not legally married but live together as a couple on a genuine domestic basis. According to Australia’s Department of Home Affairs, a de facto relationship generally requires the couple to have lived together for at least 12 months before applying for the Partner Visa, although exceptions exist for couples who have registered their relationship in an Australian state or territory.
The government considers factors such as the financial aspects of the relationship, household responsibilities, social recognition of the partnership, and the nature of the commitment between partners.
Types of Partner Visas
There are two main stages in the Partner Visa process:
- Subclass 820 (Temporary Partner Visa): This is the first stage, which allows the applicant to stay in Australia temporarily while their permanent visa is processed.
- Subclass 801 (Permanent Partner Visa): This is granted after the applicant has held the temporary visa for a certain period and has continued to demonstrate a genuine relationship.
For applicants outside Australia, the equivalent visas are the Subclass 309 (Temporary) and Subclass 100 (Permanent) Partner Visas.
Eligibility Requirements
To apply for an Australian Partner Visa under a de facto relationship, applicants must meet specific requirements:
- The sponsoring partner must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Both partners must be at least 18 years old.
- The relationship must be genuine and ongoing.
- Couples must generally have lived together for 12 months before applying, unless exempt through relationship registration.
- Neither partner can be related by family.
These requirements ensure that only legitimate and committed relationships are recognized under the visa program.
Step 1: Gather Evidence of the Relationship
One of the most critical aspects of the Partner Visa application is providing comprehensive evidence that proves the authenticity of the de facto relationship. Applicants should collect documents in the following categories:
- Financial Commitment: Joint bank accounts, shared bills, or evidence of financial interdependence.
- Household Arrangements: Joint rental agreements, shared utility bills, or statements showing cohabitation.
- Social Recognition: Photos, invitations, joint travel records, and statutory declarations from friends and family.
- Commitment: Evidence of long-term plans, such as wills, insurance beneficiaries, or proof of joint decision-making.
Strong documentation across these areas strengthens the application and reduces the risk of refusal.
Step 2: Lodge the Application Online
Applications are made through the ImmiAccount portal. The applicant will need to:
- Create an account and complete the online form.
- Upload supporting documents, including identity documents, evidence of the relationship, and health checks.
- Pay the visa application charge, which is one of the highest among Australian visas and can exceed AUD 8,000.
After submission, applicants receive a bridging visa if they are applying from within Australia, allowing them to remain lawfully in the country while their application is processed.
Step 3: Sponsor Application by the Partner
The sponsoring partner must also complete a sponsorship application through ImmiAccount. This involves submitting personal details, proof of citizenship or residency, and evidence of their ability to support the applicant. The sponsor must also meet character requirements, including police checks.
Step 4: Undergo Health and Character Checks
Applicants are required to meet Australia’s health and character requirements. This includes undergoing medical examinations by approved panel physicians and providing police clearance certificates from every country lived in for more than 12 months in the last 10 years.
These checks ensure that applicants do not pose health or security risks to the Australian community.
Step 5: Temporary Partner Visa Grant
If the application is successful, the applicant will first be granted the Subclass 820 or Subclass 309 Temporary Partner Visa. This visa allows the applicant to:
- Live, work, and study in Australia without restrictions.
- Access Medicare, Australia’s public healthcare system.
- Travel in and out of Australia freely.
This stage is temporary and usually lasts for about two years before the applicant can be considered for the permanent visa.
Step 6: Transition to Permanent Partner Visa
After holding the temporary visa for at least two years, applicants are assessed for the permanent Subclass 801 or 100 Partner Visa. At this stage, additional evidence may be requested to confirm that the relationship remains genuine and ongoing. Once granted, the permanent visa provides:
- Indefinite stay in Australia.
- Access to social security benefits.
- A pathway to Australian citizenship after meeting residency requirements.
Common Challenges in Partner Visa Applications
Despite being a well-established pathway, Partner Visa applications are often complex and can face hurdles:
- Insufficient Evidence: Many applications are refused due to lack of adequate proof of the relationship.
- Long Processing Times: Partner Visas are known for lengthy processing periods, often taking over two years.
- High Costs: The substantial application fee can be a financial challenge for many couples.
- Scrutiny of De Facto Relationships: De facto couples face stricter scrutiny compared to married couples, as proving a relationship without a marriage certificate relies heavily on documentation.
Engaging a registered migration agent can help applicants navigate these challenges and improve the quality of their application.
Practical Tips for a Successful Application
To maximize the chances of approval:
- Start gathering relationship evidence well before applying.
- Keep records of joint finances, travel, and communication.
- Be consistent with dates and information across all documents.
- Submit statutory declarations from at least two Australian citizens or permanent residents who know the couple personally.
- Apply as early as possible, given the long processing times.
Conclusion
Applying for an Australian Partner Visa under a de facto relationship is a detailed and often challenging process, but it offers a significant opportunity for couples to build their lives together in Australia. By carefully preparing documentation, meeting eligibility requirements, and following the correct application steps, couples can improve their chances of success.
The Partner Visa not only allows de facto partners to live and work in Australia but also lays the foundation for long-term settlement and citizenship. For many, it represents the first step toward a shared future in one of the world’s most desirable destinations.
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