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Looking for girlfriend > Looking for a boyfriend > Difference between partner and de facto visa

Difference between partner and de facto visa

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A Spouse Visa may be suitable for you if you are currently in a relationship with an Australian citizen or Australian permanent resident or eligible New Zealand citizen, and hope to live in Australia with your partner. To be eligible, it is necessary for all applicants to prove that their relationship is genuine and continuing. Financial commitment, social acceptance, emotional support and the nature of the household, are ways of demonstrating this. A temporary visa may be granted while the decision is made on your permanent visa. A permanent visa may be granted, if the relationship is still ongoing 2 years after applying for the Spouse Visa.



Partner visa | Spouse or De-facto

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A partner visa can be sponsored by an Australian citizen and permanent resident by lodging the visa and sponsorship applications.

You can apply for a partner visa either on the basis of a de-facto relationship, or a spouse marriage relationship. Your visa application must be sponsored by your Australian citizen, permanent resident or eligible New Zealand citizen partner.

Your partner must be eligible to sponsor your visa, which may be affected by the sponsorship limitation requirements. The following requirements will apply to all partner visa application i.

You can apply once you are legally married with your partner, either in or outside of Australia, and this marriage is legally valid in Australia. If you were married outside of Australia, then your marriage will generally be regarded as valid in Australia if your marriage is valid in the country where you were married and registered your marriage. Unless an exception applies, at minimum, you need to have been in a de-facto relationship with your sponsoring partner for at least a period of 12 months prior to the date of lodgement of your application.

The 12 month requirement will be waived if your relationship is registered with the relevant Australian state or territory government authority. You are allowed to register your relationship after you lodge your partner visa application, and this would also allow you to waive the 12 month relationship at the time of application requirement.

Hence, you can firstly proceed with lodging your de-facto partner visa, then apply for registration of your relationship and then upload this certificate to your application once this is issued. This 12 month requirement can also be waived if compelling and compassionate circumstances apply to your application. However, such registration can be submitted as evidence of your de-facto relationship.

With your visa application, we generally recommend uploading up to 75 documents after the lodgement of your visa application. You should be compiling and organising your relationship related documents and images into single file PDF or Word documents such as:.

With your photos, you can use Paint in Windows or Paintbrush in Apples to add brief caption text to your photos to add some information and context to the photos which can help your case officer understand what you are trying to demonstrate, such as the below example:. In relation to the documents that you should have ready at the time that you lodge your visa application, so that you can upload these to your visa application after lodgement, we provide the following recommendations:.

This type of evidence is strong because it can be relevant to multiple factors which your case officer needs to consider. Consequently, these documents can evidence your co-habitation as well as the duration of your relationship.

Child or children from your relationship. Demonstrating that you and your partner are jointly responsible for the care and support of your child or children will likely be seen as strong evidence of your relationship:.

Examples include:. These documents show that you and your partner live together,and also evidence how long you have been living together. In my view, there is a difference between documents that are addressed to you both, and documents that are only addressed to one of you.

I have seen case officers take the view that just providing documents that are addressed to you or your partner only is not sufficient. Do you have your membership at the same gym?

Do you attend the same church? Do you share any other hobbies, classes or activities? If these bodies or companies send you correspondence, ask whether they can send you documents in your joint names. Of course, some of these bodies and companies will be a lot more accommodating then others, but it never hurts to ask. Showing consistent travel, vacations and social activities together is good evidence of your shared life and interests.

It is critical that you provide this type of evidence as it adds context, colour and life to your application. The risk of refusal is particularly high if you cannot provide any evidence in relation to the shared aspects of your lives, such as the financial commitments and obligations that you have together. Now that you have an idea of the types of evidence that you are expected to provide, and the relative usefulness of the different types of evidence, I hope that this will assist you and your partner with planning out your application before you prepare and lodge it.

It is a lot easier to prepare a properly evidenced application if you start to plan your application from the moment that you decide that you want to apply for a partner visa i. If you are lacking strong forms of evidence, then you may want to consider delaying your application and taking steps towards organising better evidence in the meantime.

You can apply the same principle to your insurance policy, gym membership etc. Sure, this may be a hassle, but showing this level of commitment and the sharing of various aspects of your lives will really make it easier for your case officer to conclude that your application satisfies the relevant partner visa and sponsorship requirements.

Yourself and your sponsor both need to prepare detailed supporting declarations, which explain various aspects of your relationship such as the development, social aspect, financial aspect etc. Please note that the above information is only providing estimated processing time information based on our recent experience, and actual processing times will vary for each individual application.

Generally speaking, more complicated applications which may have issues satisfying the relevant legal requirements may take the Department longer to assess and decide. If you have followed the steps in this guide, then generally speaking, the Department should have most of the information and documents that is needed to assess and decide your application.

You may still receive a Department request for further information and documents, for a number of different reasons, such as:. Please have particular attention to the date by which you need to respond to any Department request.

Your case officer should grant this extension, however, whether you are granted an extension is still at the discretion of your case officer, who can deny your request. Once you have used this link in your Immiaccount, you do not need to take any further action, send emails or call to inform the Department. Generally speaking, the Department may take another months to decide and finalise your visa application, once you have responded to an earlier Department request.

The Department may also send further requests for information and documents if the Department believes that this is necessary before a decision can be made. If the Department approves your application, then congratulations!

Can I appeal to the Tribunal if the Department refuses my application? If the matter is sent back to the Department for reconsideration, then generally speaking, the Department will grant the visa.

What are the advantages of lodging offshore outside Australia? Lodging offshore application as a Bridging visa B holder. One possible way to lodge another visa application while you a waiting for an AAT hearing or Court appeal is to apply while you are outside of Australia.

If you are currently holding a Bridging visa A or B, then you may be to apply for a Bridging visa B which allows you to temporarily leave Australia. This may allow you to lodge an offshore partner visa application when you are outside of Australia as a Bridging visa B holder, and then return to Australia on your Bridging visa B and remain in Australia while you wait for your AAT hearing or Court appeal.

Please note that by lodging a new visa application while you are outside of Australia, you will not be able to get a bridging visa that is linked to this offshore partner visa application. If you need to lodge a partner visa application in Australia and you currently hold any bridging visa or you currently do not hold any visa at all, then you will need to satisfy the Schedule 3 requirements for your partner visa application.

In this situation, you are allowed to lodge a valid partner visa application while you are in Australia as long as your prior visa refusal was not a partner visa refusal. Whether the circumstances of your application are considered to be compelling is at the discretion of the case officer that assesses and decides your application. If the Department sends you correspondence to address this requirement, then you likely will receive a request like the following example:.

If you currently do not hold any visa and you are unlawfully in Australia, then the Department will also likely ask you to provide an explanation in relation to why you overstayed your last visa and became unlawful.

This not only ensures fairness and equity to other applicants and discourages deliberate non-compliance, but also preserves the integrity of the Partner visa program in general and the waiver provisions in specific. You are not limited to circumstances and facts that existed at or before the time of lodgement of your visa application.

Hi Peng, thank you for this blog. It has been very helpful. I would like to ask one question. My ex partner got permanent visa through Me direct entry.. We are not together anymore, do i have to inform the Department about our current situation?

I applied for offshore spouse visa in Status is initial assessment. I planned to go to NZ in Nov for 1day to renew my tourist for 3 months and go to my home country in Feb Please advise if i wait till Feb 20 to go offshore wat impact this will have on final decision of spouse visa.

Hi Anisha, The Department should contact you if you are in Australia, and they need you to leave Australia for the application to be finalised and decided. Hello, please advise if in the meantime I can extend my tourist visa I do not have no further stay condition for another 3 months instead of going out of the country.

How can I extend my stay as Nov it will be already 3 months. Is it advisable to do that or better I travel in Nov n wait for them to tell me to leave till Feb as the tourist visa expires. Thank you very much for your reply. Note that my case officer has sent me a mail telling me to leave the country as they need to finalise my spouse visa.

Hi Raquel, If the Department contacts you in relation to your visa due to the end of your relationship, then you would need to apply for a new visa before the Department cancels your current visa. Hi, I applied for my partner permanent visa October and included all relevant documentations like defecto proof, jkinnt lease, joint bills, bank statements character references etc and was granted a bridging visa pretty soon after my application.

A year later i received a letter to say I had been granted a temporary permanent visa Hi Jodi, That is 2 years from when you lodge the initial temporary partner visa, not from the date of grant. Hi Peng. Was wondering if I can still go ahead and apply for a defacto partner Visa?

Also, we dont really have concrete evidence such as joint bank accounts or joint loans. Please help. If you do not do this, your family members will not be eligible for a student visa to join you in Australia. Your husband may need to lodge a whole new student visa to include you due to the above requirement. Please see Contact Us page and in relation to our Consultation Service — feel free to contact us if you need advice in relation to your visa options. I have now been in a relationship with my current partner for 1.

Or does my new application overwrite my existing visa? Hi Sanna, You are allowed to return on your visa while it is valid. Since it is possible to apply overseas and then come back and stay until October I have some further questions. Will the C. O warn me before they are about to grant my application and ask to exit? And do I need to be in the same country when the visa is granted as when I lodged the visa? I am an Australian resident,recently got married and planning to apply spouse visa for my partner.

He is an Indian national,currently in UK on a student visa.

Are you eligible to apply for a de facto partner visa in Australia

You may be eligible for a Partner visa even if you reside outside of Australia if you are married to, or in a de facto relationship with, an Australian citizen, Australian permanent resident or an eligible New Zealand citizen. If you are granted the offshore Permanent Partner visa subclass , you can:. Difference between this visa category and the Partner visa subclasses and

A De Facto Relationship means a relationship in which a couple who may be of the same or opposite sex, lives together on a genuine domestic basis. When a couple plans to marry, they think of raising a family together, dedicating their rest of the life to each other. A temporary visa may be granted while the decision is made on your permanent visa.

See the full details of the new Preclearance scheme here See the full details of the changes here If the Applicant is a visa required national they must apply for an Irish D Join Partner visa prior to entry to the State. When the Family Settlement Unit is established it will be possible to have De Facto Partnership Immigration Permission applications decided prior to entry to the State for non visa required persons as well as for visa required persons.

Marriage v de facto partnerships in Australia: the legal differences explained

Michelle has had a varied career, working in commercial litigation, criminal law, family law and estate planning. Michelle joined Go To Court Lawyers in She now supervises a team of over 80 solicitors across Australia. A de facto relationship is a relationship in which a couple lives together on a genuine domestic basis. Couples who are same sex or opposite sex are included in the definition of de facto relationship under Australian law. A couple by marriage or who are related by family cannot be considered to be in a de facto relationship. However, if a person is legally married they can still be considered to be in a de facto relationship with another person they are not married to. A person would not have a de facto partner unless they have lived together as a couple for two years without separation.

Proving a De Facto Relationship

If you are in a de facto relationship with an Australian citizen or permanent resident, or an eligible New Zealand citizen, and you would like to settle in Australia permanently with your partner, you may consider applying for a Partner Visa. The de facto partner visa application involves a two-stage process, whereby you are first required to lodge a combined application for a temporary and permanent visa. If your application is successful, you will be granted a temporary visa in the first instance, which will allow you to reside in Australia temporarily whilst you await processing of your permanent residence visa application. Two years following lodgement of your partner visa application, the Department will commence processing your permanent residence visa application.

A partner visa can be sponsored by an Australian citizen and permanent resident by lodging the visa and sponsorship applications. You can apply for a partner visa either on the basis of a de-facto relationship, or a spouse marriage relationship.

The make-up of the modern household is quite different to what it used to be even just a generation ago. As a result, the definition of spousal relationships has also changed in the eyes of the law. Today, de facto couples same sex and heterosexual are entitled to almost the same rights and claims when it comes to Family Law matters in relation to property, financial settlements, maintenance and arrangements for the children of the relationship.

Are you eligible to apply for a de facto partner visa in Australia

Use our online system to apply for selected visas or check visa details. Log in here to apply for a visa as a dependent child. If you do not have an account, you can create one here. Log in here to apply for a visa as a partner.

SEE VIDEO BY TOPIC: The De Facto Relationship Requirement


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Offshore Partner Visa



Comments: 2
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  2. Fautaxe

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