Many Australian citizens or permanent residents may have a de facto spouse abroad, and this raises a question: how can they bring their de facto spouse to Australia? Read on for more insight.
A de facto relationship is an association between two individuals of the opposite sex or same sex, who are at least 18 years of age, and who live with one another as a couple, and who are not in a civil union or married to one another. If an Australian citizen or permanent resident wishes to have their foreign de facto spouse relocate to Australia, they can hire an immigration lawyer to fast track the application process for an onshore partner visa. Onshore partner visa allows married or de facto partners of Australian citizens to travel and stay in Australia. So what factors ought to be met to satisfy the onshore partner visa requirements based on a de facto relationship?
One-Year De Facto Relationship Criterion
The applicant or sponsor who is willing to bring their spouse to Australia is obliged to provide proof of a de facto relationship that has existed for at least one year before submitting the partner visa application. The proof required must show a dedication to a joint life to the omission of others and that the association is legitimate and continuing.
What Type Of Proof Can Be Considered To Show Evidence Of The Relationship?
Some of the proofs that attest to existence of a de facto relationship include the following:
- A joint financial obligation, such as both partners having a joint bank account
- Proof of joint ownership of a piece of property
- Care of children resulting from the relationship
- Acquaintance of personal information about one another
- Statutory affirmations from friends and colleagues about the nature of the association
Can The 1-Year Relationship Criterion Be Waived?
It is only possible if the applicant can provide a compelling justification why the prerequisite is not essential. Evidence that may lead to a waiver include proof of a child or children resulting from the de facto relationship, or in the case of same sex association, the applicant may prove that living together with their partner was not realistic in the country of residence.
In the event that the visa application is denied, the immigration lawyer, on behalf of the applicant or sponsor, can appeal the decision to the Migration Review Tribunal and request for a review of the verdict.
For more information, contact a business such as CLP Legal.