In Australia, a de facto relationship refers to a relationship between two people who are living together on a genuine domestic basis but are not married. The relationship is typically recognized for legal purposes, including in areas like property division, taxation, and certain visa applications.
Key Features of a De Facto Relationship:
To be considered a de facto relationship in Australia, certain conditions usually need to be met:
- Cohabitation: You and your partner must be living together in a domestic setting. The relationship must involve a shared life, akin to a marriage, but without the formal legal commitment.
- Duration: Generally, the couple must have lived together for at least two years to qualify as a de facto relationship. This duration may be waived if there is a child from the relationship or if there are special circumstances (such as significant financial dependency or shared property).
- Emotional and Financial Ties: In assessing a de facto relationship, factors like shared finances (joint bank accounts, bills, etc.), emotional support, social recognition (friends and family acknowledging the relationship), and whether the couple shares household duties or responsibilities are taken into account.
- Sexual Relationship: While it is not strictly necessary, the relationship typically involves a sexual component.
- Other Considerations:
- Whether the couple owns property together or holds joint financial responsibilities (like joint loans or insurance policies).
- The couple’s intentions about the relationship (e.g., if they see it as a long-term commitment).
Visa Requirements for a De Facto Relationship:
If one partner is from outside Australia, the de facto relationship can be a basis for applying for a partner visa. This allows the non-citizen or non-resident partner to live, work, and study in Australia.
For a partner visa (subclass 820/801 or 309/100), the applicant must prove they are in a genuine and ongoing de facto relationship with their Australian partner. Key requirements for this process include:
- Proof of Relationship:
- Duration: You must demonstrate that you have lived together for at least 12 months unless you can prove extenuating circumstances, such as a child together or if you are unable to live together due to external reasons (e.g., work commitments).
- Evidence of Co-residence: This could include joint leases, utility bills, or official documents that show both partners live at the same address.
- Joint Finances: Bank statements, joint accounts, or evidence of shared financial responsibility.
- Application Process:
- Primary Application: The Australian citizen or permanent resident applies as the sponsor.
- Supporting Evidence: You will need to provide personal statements, joint financial records, and affidavits from friends and family who can confirm the relationship.
- Assessment Criteria:
- Genuine Relationship: Immigration officers will assess whether the relationship is genuine and whether you and your partner are living together as a couple.
- Character & Health Checks: The applicant must undergo health checks and provide police clearances.
- Temporary and Permanent Visa:
- Temporary Visa (subclass 820): If your application is successful, you’ll be granted a temporary visa while your permanent visa application is processed.
- Permanent Visa (subclass 801): After two years, the applicant can apply for a permanent visa, provided the relationship is still ongoing.
- Exemptions from the 12-Month Cohabitation Requirement: In some cases, the 12-month cohabitation requirement may not be necessary:
- If the couple has a child together.
- If there is evidence of significant financial or social interdependence, such as shared bank accounts or investments.
- If the relationship is long-term, even if the couple has lived apart due to work or other circumstances.
Additional Points:
- Australian Partner Sponsorship: The Australian partner must be a citizen, permanent resident, or eligible New Zealand citizen to sponsor their de facto partner.
In summary, a de facto relationship in Australia looks like a committed partnership where the couple lives together and shares emotional and financial responsibilities. To apply for a partner visa, couples must provide evidence of their genuine relationship, with some flexibility in the requirements for cohabitation depending on individual circumstances.
To apply for the Visa, Please read HERE.
To Understand the Legal requirements for this Visa, please check Here