Travel and Leisure

Join Your De Facto Partner In Australia – Find Out How?

The citizens and permanent residents of Australia are still allowed to travel home and what some do not realize is that partners are also allowed with them. The federal budget of Australia enhanced family visa allocations to a huge 61.75% for 2021. Over 93% of the allocations were for partner visas from the family visa allocations. Before, Partner visa subclass 309 took up to two years to get processed but lately, the time has lessened to six months. This indicates that one can still apply for the Australian partner visa to travel and join their loved ones in Australia during the pandemic.

Who Is Eligible To Apply For A Partner Visa For Australia?

To get a partner visa to be granted in Australia, the following requirements has to be met:

  • One needs to be above 18 years when applying for the partner visa

  • One requires a sponsor who meets sponsor requirements

  • An individual has to meet the health and character requirements

  • They also need to provide valid and relevant evidence to indicate that the relationship is genuine and still going on.

If the sponsor is the applicant’s spouse or a de facto partner in Australia, they must meet the health and character requirements. They also need to be:

  • An Australian citizen

  • A permanent resident of Australia

  • An eligible citizen of New Zealand.

Partner Visa Inside And Outside Australia

There is two partner visa in Australia that depends on an applicant’s location at the time of applying for the partner visa:

  • Offshore partner visa for partner visa 309/ partner visa 100 for applicants outside of Australia.

  • Onshore partner visa for partner visa subclass 820/ 801 for the applicants in Australia.

There are two stages to receive a permanent partner visa for Australia. The first stage is a temporary visa, and the other is a permanent visa. One may not be eligible to skip the second stage and get a permanent partner visa in a single application. The applicant needs to check if they are eligible for this option.

When one applies for a Visa Subclass 309, they need to be outside of Australia while applying and when the result is issued. The same thing applies to the onshore partner visa; the applicant needs to be in Australia for both cases in the visa.

Requirements For A Relationship With A De Facto Partner In Australia

An applicant can be eligible for a partner visa for Australia if they and their de facto partner:

  • In a relationship for a year

  • Committed to a shared life to the exclusion of others

  • Are in a legitimate relationship

  • Live together permanently

  • Do not have family, marriage or blood relations.

Length Of The De Facto Relationship In Australia

The individual needs to prove that they had been in a de facto relationship with their partner for at least a year before applying for visa subclass 100. One could be free from this requirement if evidence can be provided for sympathetic and compelling reasons.

An exemption can also be granted for other reasons, and an applicant needs to check on that before applying for the visa.

Commitment To Sharing Life With A De Facto Partner In Australia

One cannot consider casual relationships like ‘dating’ or ‘online relationship’ to fall under the norms of a de facto relationship. The applicant needs to show that they have met their partner and live together.

Showing That The Relationship With The De Facto Partner In Australia Is Legitimate And Long-Lasting

For an applicant to prove that they are in a genuine de facto relationship with their partner, they need to show the following:

  • That they have met the partner and the relationship is developing

  • A proof that both partners have lived together for a certain period

  • Evidence of being in contact even when they are not together

  • Evidence of shared plans and activities.

How Does An Applicant Prove That They Are Living With Their Partner?

A normal way to prove that an applicant is living with their partner is to provide evidence that they share the same residential address. That is known as ‘cohabitation’.

Some evidence to prove this is:

  • Shared bank accounts or fund transfers

  • Property ownership or property lease that includes mortgage documents

  • House bills like telephone, gas, electricity, etc.

Can One Use Time Spent Travelling With Their Partner As Cohabitation?

If an individual has travelled with their partner for a long period, it can be counted as cohabitation. In some cases, it can be used as evidence of cohabitation. However, the applicant needs to show that they had moved in with their partner before they travelled together and lived together.

What If The Partners Have Spent Time Apart?

To prove a de facto relationship and apply for the partner visa subclass 801, it is necessary to show that both the partners live together. It can also be accepted if both partners do not live apart permanently.

But if the applicant and their partner have started living together, and one moves away for some time due to some reasons, a successful application can still be made.

Some external situations like study, work or visas can be accepted, but it is necessary to show that they maintain close contact even if they are not together.

Is Showing That Partners Share The Same Address Sufficient?

Cohabitation is only one of the various factors that the department of immigration considers to prove that the applicant is in a de facto relationship. An applicant would also need to show:

  • Financial aspects: that they have pooled financial resources to some limit

  • Social aspects: that they are known to their friends or relatives as a couple

  • Commitment aspects: The applicant and their partner see their relationship to be lengthy and have made plans.

Cost Of The Application For A Partner Visa For Australia

The visa application cost for a subclass 820 visa is AUD7,715 for the main applicant. The onshore and offshore charges for the this visa is the same in Australia. There are extra costs for family members included in the visa application.

If a dependent child is included in the partner visa, the cost is AUD1,953. Other than this, there can also be other costs. There could be extra costs for biometric data collection, medical examination or migration agent services in Perth.

How Is Covid-19 Affecting The Relationship With De Facto Partners In Australia?

There are some problems and confusions that have occurred due to the current pandemic; some of them are:

  • I applied for an offshore partner visa for Australia, but I am in Australia now

There is great news if this is the case and one cannot depart to get their visa grant. The Australian government just announced a new law. As per this law, applicants for partner visa 100/309 will grant the visa even if they reside in Australia. The law establish in early 2021 and was valid for the entire year.

  • I want to meet with my de facto partner in Australia now.

If the applicant is outside Australia and the de facto partner cannot travel overseas, then the applicant could apply for a tourist visa in Australia. As per the de facto relationship, one will grant an exemption for travelling and meeting their partner in Australia.

Final Words

If people want to apply for a partner visa in Australia, they need to have a de facto relationship with an Australian partner. If they need to get any advice or information regarding the partner visa, they can contact a migration agent Perth.

The agents could provide various information to the applicant regarding the visa and ensure the partner visa is grant to their client.

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