Understanding The One Year Criterion For A De Facto Visa

Migrating to Australia under a de facto spouse visa is for potential candidates who are currently in a de facto affiliation with a permanent resident or Australian citizen. A de facto visa Australia is formally known as the 820 visa or the Australia spouse visa. This type of visa is valid for two years. From then on, the de facto visa claimant is entitled to lodge an application for Australian permanent residence. One of the eligibility criteria that ought to be met by potential applicants for a de facto visa is that the applicant and their Australian sponsor must be in a sincere, continuous de facto relationship for at least one year before filing the visa application. This article seeks to dissect this criterion for better understanding.

What Is A De Facto Relationship?

This is type of relationship involving two persons who:

  • Are both at least 18 years old
  • Live together or living separately on a temporary basis
  • Are not married to one another in a civil union
  • Are not linked by blood

What Sort Of Evidence Is Taken Into Account When Applying For A De Facto Visa?

To submit concrete proof of a de facto relationship, potential de facto visa candidates must prove that their association has been in existence for at least 12 months prior the application is submitted. Proof may include:

The Nature And Degree Of Common Residence

Living together is considered as a common aspect in most continuous relationships. However, for various reasons such as employment, partners may be forced to live apart. Couples who are presently not living jointly may be required to provide further evidence that they have not separated on a lasting basis in order to meet the criteria of a de facto relationship.

The Extent Of Economic Dependence Or Interdependence Between The Couple

This involves mutual ownership of property between the couple or shared names on a lease. Additionally, evidence of financial commitments, including financial bank statements, taking care of the children and household expenses by the couple, is also taken into account.

The Social Context

Proof that the couple is by and large accepted and recognised as a couple in social contexts such as shared invitations to events. Additionally, the couple should be able to provide proof of common friends and mutual anticipation on social and cultural activities.

The Extent Of Common Commitment To A Joint Life

This is proven by the intention to share a lasting relationship with one another through their provisions in their wills. Additionally, they should provide evidence of correspondence to show the couple maintains constant communication when not together.

For more help understanding and navigating visa requirements, contact a legal specialist like Rae & Partners.