De facto Relationship – Visa

What is a de facto relationship?

De facto meaning

De facto partner and de facto relationship

The definitions

‘de facto partner’ and ‘de facto relationship’, can be summarised as follows:

• clarifies that a de facto relationship can exit between partners of the same sex or a different sex
• requires the couple not to be married to each other
• requires the couple to have a mutual commitment to a shared life to the exclusion of all others
• requires the couple to have a genuine and continuing relationship
• requires the couple to be living together or not be living separately and apart on a permanent basis
• ensure consistency with the requirements for married spouse relationships

The Same-sex Relationships de facto

• give same-sex de facto relationships and registered relationships the same recognition (including with regards to benefits and obligations) as already given to opposite-sex de facto relationships
• provide functional recognition of the children of same-sex relationships, ensuring that these children are not disadvantaged solely because of the family structure.

De facto relationships and migration 

Equal recognition of spouse and de facto relationships

Migration law gives equal recognition to spouse  (married) relationships and de facto partner(unmarried) relationships.

Migration visas to de facto relationships

Applies to all permanent and temporary visa applicants who claim to be in a de facto relationship.

• must be met by any visa applicant, primary or secondary, who claims to be in a de facto relationship.
• • all applications for a Partner visa (309/100 or 820/801): the four matters must be considered in determining if the applicant meets the definition of de facto partner or not.

• • applications for all other visas: the four matters may be considered in determining if the applicant meets the definition of a de facto partner.

The four visas 

• Temporary (Class UK)(Subclass 820) Partner visa
• Residence (Class BS)(Subclass 801) Partner visa
• Provisional (Class UF) (Subclass 309) Partner visa
• Migrant (Class BC) (Subclass 100) Partner visa.

To be eligible for the de facto relationship

• the four matters 
  • the financial aspects of the relationship
  • the nature of the household
  • the social aspects of the relationship and
  • the nature of the persons’ commitment to each other.

Not married to each other – de facto

To a claimed de facto relationship is still married to another person, a situation can be argued as the delegate can be satisfied that the de facto couple:

• is in a mutually exclusive relationship, 
• is in a genuine and continuing relationship.

Mutual commitment to a shared life to the exclusion of all others

the couple not to have any other concurrent spouse or de facto partner. The relationship between the visa applicant and their claimed de facto partner must be mutually exclusive.

Generally, applicants/sponsors who have been married will submit evidence of a divorce or annulment of the marriage by way of proof that the marriage has ended. 

Contact us if you are still in the marriage but the relationship has ended

Genuine and continuing relationship

• supporting documents submitted with the application
• the form 888 statutory declaration by a supporting witness in relation
• interviews with the applicant and/or sponsor

De facto Partner –  Living together 

• whether a couple lives separately and apart
• whether the separation is on a permanent or a temporary basis.

• never lived together before the visa application was made or
• were not living together at the time the application was made (that is, at the time of application) or
• were not living together at the time the application is decided (that is, at the time of decision).