Australian Spouse Visa: Immigration Guide
The Spouse de facto Australian partner visa
We have already mentioned details of some Australian partner visas here. The de-facto option can be even more complicated or concerning because the additional aspect of the cohabitation is involved. Cohabitation means living together. The applicant (the one applying) and the sponsor (the Australian citizen or PR) must show that they have lived together at least 12 months before applying. This can be living together inside or outside of Australia. Note that this visa is not for same-sex couples – that is the interdependent visa.
The Australian de facto spouse visa and evidence of cohabitation:
The evidence here is the critical aspect. A couple cannot just say that they live together, nor only hope to use statements from family members and friends. Instead, they need paper-based or real evidence that can be called official and can be seen as legitimate by the application case officer at DIAC. This does not mean that the couple must have a joint bank account, joint bills, or joint mail. Instead, they can use individual pieces of personal administration which are dated, and at the same address. For example, if one person perhaps has one or more of rental contracts bank statements bills registrations with work pay slips, tax details, gym memberships, other proper records that are dated with the address and their partner has the same kind of thing – even though it is different – they may be able to use this to show that they were at the same address as they claim to have been. That is one crucial part of the application. However, it may not be that simple. If one of the couples is Australian and the other not, then it is very likely that they had spent some time apart in the last 12 months before the application if they needed to be in different countries for any reason. That it may not cause a problem. If they can show that they still communicated while apart, and were only forced to be alone for that time because of real issues or reasons, then they can even claim (and show) that they were not “living separately and apart on a permanent basis.” Discretionary decision making, however, is where the DIAC case officer’s decision making comes in.
As mentioned, being apart may not be a problem in itself. But the case officer may judge if the time alone can still qualify the couple as eligible to apply for the de facto spouse visa option. For example, if they lived together for most of the last 12 months before using, and spent something like one or two months apart, that may still be seen as reasonable and OK. However, if they lived together for three months and then were apart for nine, that may not satisfy the case officer. These issues are all dependent on the unique application, and this is not intended as legal advice in any aspect or jurisdiction. Taking on the help of a registered migration visa agent is wise so that you can trust the MARA agent to lodge a correct application for you. They are applying while in Australia There is an ‘onshore’ version of the Australian de facto spouse visa application. This means when the applicant is in Australia. The applicant needs to be able to apply while in Australia – this means that they must not have ‘condition 8503′ printed on their visa. If the applicant’s existing visa is going to expire before the couple can show their 12 months, then there may be nothing that they can do about it, aside: register the marriage in Australia and apply for the Australian de jure (married) spouse visa, once married the applicant must leave Australia before visa expiry and then apply for a partner visa outside of Australia Both the applicant and sponsor must be single when lodging a de facto visa – i.e., neither party can be still married, and if divorced, must be fully or finalized as wholly divorced.
The other parts of an Australian spouse visa application: The cohabitation is just one part of an Australian de facto visa application. The different aspects of the regular partner visa application still come into account, meaning that the relationship must be shown to be a “genuine and on-going spousal relationship,” with the aspects such as financial side of the link – how they manage their budget and financial affairs social aspects of the relationship – the recognition of the relationship by family and friends nature of the household – when, where and in what situation do they live together further issues – such as how do they communicate when apart, and what plans do they have for the future together ‘Proving’ any relationship can be tricky – which is why many couples use the registered migration agent to assist with their application.