Understanding De Facto Partner/Spouse Visa (subclass 820/801 or 309/100) Visa (Part 1)
- Required Documentation: You must submit a Form 47SP called an Application for migration to Australia by a partner. ...
- Your sponsor’s identity and requirement documents. ...
- Health and Character documentation for the unmarried partner visa. ...
- Your relationship information. ...
- Showing your relationship is genuine and continuing. ...
What is a de facto visa for Australia?
What is a De Facto Visa. Australian Partner visas can be applied for by married couples and unmarried couples. If you are not married, then your Partner visa application is known as a De Facto visa. De Facto means you live together with a permanent commitment.
What is a permanent partner visa for Australia?
Partner visa (apply in Australia) Allows the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia. You apply for the temporary and the permanent partner visas together. In most circumstances, you must be the spouse (married) or de facto partner of an: Australian citizen.
Can I include my partner in my partner visa application?
If you are applying for a Partner visa on the basis of a De Facto relationship (common law) to your sponsor, or if you want to include your partner in your PR application, you must be able to show that you have been in this relationship with your partner for at least the entire 12 months before the date you lodged your visa application.
Which visas are eligible for the Dede facto relationship?
De Facto relationship is applicable for the following visas: (ii) a Business Skills (Provisional) (Class UR) visa, sublasses 160, 161,162,163, 164, 165; or (iia) a Business Skills (Provisional) (Class EB) visa, subclass 188 visa; or
How long does it take to get a defacto visa in Australia?
There is a waiting period of approximately 2 years from the date of application of this visa before a decision is made to grant the provisional visa.
Can a de facto partner enter Australia?
Can I travel to Australia during the COVID-19 Travel Ban? Yes, you can if you hold a current Partner Visa (Onshore: Subclasses 820 and 801) or Partner Visa (Offshore: Subclasses 309 and 100). You do not need to apply for an exemption to travel/enter Australia during the travel bans.
How do you prove a defacto partner?
To prove a de facto relationship, you must show that you live together, or at least do not live apart on a permanent basis. If you have started living together, but then one partner moves temporarily due to external circumstances, it may still be possible to make a successful application.
Is partner visa the same as defacto?
Spouse Visa, Partner Visa, De Facto Visa — they are all the same Partner Visa essentially! There is no de facto visa, there is no spouse visa, there is no partner visa. They are all one visa. The difference is actually if you are applying for an offshore partner visa or an onshore partner visa.
How long do you have to live together to be de facto in Australia?
two yearsA person would not have a de facto partner unless they have lived together as a couple for two years without separation. Therefore, the length of time to be considered de facto is two years. However, if there are children or substantial contributions to joint property, exceptions are made to this rule.
Can I bring my girlfriend to Australia?
To be eligible for a Partner Visa you must be married to, or in a de facto (common law) relationship, with an Australian citizen or permanent resident. Interdependent, or same-sex partners are also eligible. Under the Partner Visa, your partner must sponsor you for a period of 2 years.
How long do you have to live together to be in a de facto relationship?
Two yearsTwo years is generally the minimum period for a couple who lives together to be considered a de facto relationship. However, a de facto relationship can still be established otherwise.
What is de facto requirements?
Criteria applying to all de facto relationships Are both at least 18 years of age. Are not married to each other. Have a mutual commitment to a shared life to the exclusion of all others. Have a relationship that is genuine and continuing. Live together or do not live separately and apart on a permanent basis.
How much is de facto visa Australia?
Government Fees and Processing TimeApplication FeeRegardless of applicant location: AU$7160.00 NB: Applicants holding a Prospective Marriage Visa Subclass 300 are required to pay a fee of AU$1170.00 when lodging a Partner Visa onshore. Additional fees apply for all secondary applicants.Processing Time12 to 24 months2 more rows
Why are partner visas refused?
Lack of evidence to prove a genuine and committed relationship is the most common reason for the refusal of partner visas. Applicants and their partner/spouse sponsor need to provide evidence in the following four aspects, namely, financial, social, nature of household and nature of commitment to one another.
How do you become de facto in Australia?
A de facto relationship is defined in Section 4AA of the Family Law Act 1975. The law requires that you and your former partner, who may be of the same or opposite sex, had a relationship as a couple living together on a genuine domestic basis.
Do you need to live together for a partner visa?
The basic answer is No – You do not have to be living together to apply for the partner visa. There is a misconception amongst many people that you have to be living together for 12 months before you can apply for the partner visa.
How long before a de facto relationship is legal?
two yearsHowever, the Family Law Act generally does not apply to de facto relationships unless the couple has been living together for at least two years OR there is at least one child of the relationship. De facto relationships come in all shapes and sizes.
Do you have to live together for partner visa?
The basic answer is No – You do not have to be living together to apply for the partner visa. There is a misconception amongst many people that you have to be living together for 12 months before you can apply for the partner visa.
How long does it take for a girlfriend to get a visa to Australia?
When your girlfriend is outside Australia at the time of applying. She can expect to wait around twelve months for a decision. During this time, she can then come to Australia using a visitor visa. Remember though, she must be outside Australia to get her De Facto visa.
What does a case officer look for in a visa application?
The case officer will look more favourably at your application if you engage a lawyer to make the application. It shows you are serious about getting the visa.
What happens if a visa is refused?
If your visa is refused, then you can appeal. It is just part of the process. The case officer might not be convinced about something, so the appeal is your chance to set things right. To show them that your case is real.
What does it mean to convince a case officer that your relationship is real?
So, you will need to convince the case officer your relationship is real. A lawyer is a professional advocate. This means that they can put your argument in a convincing fashion. A lawyer can take the evidence you provide and mould it into a story to convince the case officer your story is real.
What does it mean to be permanent in immigration?
Your relationship must be permanent. This means it must continue into the foreseeable future. Immigration need to see you making life choices and commitments. They will want to know your plans for the future.
Is a de facto visa harder than a marriage visa?
It is true that a De Facto visa is harder than a Marriage visa. This is because being married offers you a concrete way of proving your relationship is real. De Facto couples must meet all the requirements. Immigration will look more closely at your application.
Can I stay with my Thai girlfriend in Australia?
If you are looking to have your Thai girlfriend stay forever in Australia you can apply for a de facto visa. This is a permanent visa for couples who have not married.
Who can use statutory declarations?
You could use statutory declarations from your partner’s parents, family members, relatives and other friends relating to the assessment of their take of the nature of your relationship .
Where is code 33 on a visa?
Visa applicants should check off Code 33 in section 8 of the form.
What is a 888 form?
Form 888, which is a statutory declaration by a supporting witness that relates to a Partner or Prospective Marriage visa applicant (have been completed by two Australian citizens or permanent residents who have personally seen and have knowledge of your partner relationship).
What documentation do you need to prove a relationship is genuine?
You must include documentation that proves your relationship is genuine and continuing. Statements you provide can include, written statements or statutory declarations.
Who must be sponsored by?
You must be sponsored by an eligible person, in most cases this is your partner.
What are some examples of socially accepted documents?
Documents showing that you and your partner are usually accepted as a couple socially (examples include, joint invitations, evidence of going out together, common friends and acquaintances, photos showing you and your partner out together with family).
What is a de facto relationship?
De facto relationship. (2) For the purposes of subsection (1), a person is in a de facto relationship with another person if they are not in a married relationship (for the purposes of section 5F) with each other but: (a) they have a mutual commitment to a shared life to the exclusion of all others; and. (b) the relationship between them is genuine ...
How old do you have to be to be de facto?
De facto relationships can be between partners of the same sex or different sex, and they must meet the following criteria: Be at least 18 years of age. Not be legally married to each other. Have a relationship that is genuine and continuing. Have a mutual commitment to a shared life to the exclusion of all others.
What is the definition of migration act?
The Migration Act 1958 (Act) at Section 5CB provides the following definition: (1) For the purposes of this Act, a person is the de facto partner of another person (whether of the same sex or a different sex) if , under subsection (2) , the person is in a de facto relationship with the other person. (2) For the purposes of subsection (1), ...
What is a de facto partner relationship?
You and your partner are in a de facto partner relationship if all of the following applies: you are not legally married to each other. you are committed to a shared life to the exclusion of all others. your relationship is genuine and continuing.
How long do you have to be in a de facto relationship to get a visa?
Usually, your de facto relationship must have existed for at least 12 months immediately before you apply for the visa. Time spent dating or in an online relationship does not count as being in a de facto relationship.
When will sponsor visas be implemented?
The new changes to Sponsored family visa’s, will be implemented for Partner visas by the end of 2021. The changes mean that Sponsorships must be lodged first and approved before Partner visas can be lodged. This change will adversely impact onshore Partner visa applicants wanting to lodge a visa application prior to their substantive visa expiring. The sponsorship application will be assessed separately and will need to be approved before a valid Partner visa application can be lodged.
Can an 820 be returned to Australia?
In all circumstances, the 820 applicant may be asked to provide documentary evidence that they are unable to return to Australia in the short term.
How long do you have to prove a de facto relationship?
It can be quite confusing as to how to provide proof on a relationship, especially if you need to establish your de facto relationship has existed for at least 12 months and you are not living together.
What does Doha look for in a partner application?
The DOHA will look at the partner application as a whole and especially take into account the four main aspects of a relationship, as these aspects were defined in migration law to help identify a couple that have a real commitment to a life together.
How old do you have to be to get a visa?
Both the applicant and their partner must be at least 18 years of age at the time of the visa application.
Does Doha recognise a relationship?
The DOHA will continue to recognise the relationship so long as the de facto couple is in a mutually exclusive, genuine and continuing relationship.
Is a de facto couple a de facto couple?
In the situation described above, a de facto couple who is mutually exclusive with each other and had no real relationship with their legal spouse are considered to be a de facto couple.
Can a de facto partner be related by family?
Not related by family. The de facto partners cannot have the following relationships: One is the child (including adopted child) of the other. One is another descendent of the other (even if the relationship is through an adoptive parent) They have a parent in common (who may be an adoptive parent of either or both of them)
Is a de facto relationship mutually exclusive?
The de facto relationship would not be mutually exclusive due to the ongoing presence of a relationship with a person outside the relationship and thus, cannot be considered to be de facto partners. The DOHA may choose to investigate if something does not add up and it is on the de facto couple to provide evidence to support ...
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What level of assessment do you need for a visa for a partner?
If you, as a primary student, comes from a country that falls into assessment level 2 or 3, then your partner will need to submit financial evidence.
What happens if a relationship ends after a visa is granted?
If your relationship ends after the visa is granted, you and your partner need to inform the Department of Home Affairs immediately. In this scenario, the spousal/ de facto relationship no longer exists and therefore, he/she may be cancelled the visa, and may need to depart Australia or apply for another visa should he/she be eligible.
Do you have to declare your partner on a student visa?
Noticeably, you must declare your partner in your previous student visa application if your relationship was before the date you applied for your student visa. If you made an error and failed to include a family member in your application at that time, the family member cannot be added to the student’ current application as a family member applicant.
Does a relationship follow cultural norms?
The relationship does not follow cultural norms, for example adding a de facto partner to the visa application in circumstances where this type of relationship hardly ever exists in that culture. Limited information is provided with the application to substantiate the relationship.
Can a spouse continue to study after a secondary visa?
If your partner was on a student visa when he/she made the application for a student visa as a secondary applicant, he/she will not have to continue his/her study after the secondary student visa is granted.
Can a spouse apply for a student visa offshore?
Your partner can be onshore or offshore to apply for a student visa as a subsequent entrant. However, if he/she is onshore, he/she must not have “no further stay” condition attached to his/her current visa in order to make a valid student visa application.
