Defacto Relationship vs. Married for Partner Visa in Australia

Australia offers several pathways for partners of Australian citizens, permanent residents, and eligible New Zealand citizens to live and work in the country. Two primary types of relationships recognised for Partner Visa applications are defacto relationships and marriages. Understanding the differences between these two types is crucial for applicants to ensure they meet the eligibility requirements and provide the necessary documentation. This article will explore the distinctions between defacto relationships and marriages in the context of applying for a Partner Visa in Australia, covering eligibility, requirements, and benefits.

Understanding Defacto Relationships

A de facto relationship is defined as a relationship between two people who live together on a genuine domestic basis. It is important to note that this relationship must be ongoing and similar to a marriage but without the formalities of a legal marriage.

Key Criteria for a Defacto Relationship:

• Living Together: The couple must have been living together for at least 12 months before applying for the visa. Short periods of separation due to work or family commitments can be acceptable, provided the relationship remains genuine and ongoing.
• Commitment: Both partners must show mutual commitment to a shared life, excluding others.
• Financial Aspects: Demonstrating financial interdependence through shared bank accounts, joint loans, or shared bills.
• Social Recognition: Evidence that the relationship is known among friends and family, such as joint invitations, photographs, and social media interactions.

Understanding Marriage

Marriage is a legally recognised union between two people. For Partner Visa purposes, the marriage must be valid under Australian law or the law of the country where the marriage took place.

Key Criteria for a Marriage:

• Legal Marriage Certificate: Providing a valid marriage certificate as proof of the relationship.
• Genuine Relationship: Demonstrating that the marriage is genuine and continuing, with a mutual commitment to a shared life.
• Shared Life: Evidence of a shared life similar to that required for defacto relationships, including joint financial responsibilities, living arrangements, and social recognition.

Eligibility for Partner Visa

Both married and defacto partners can apply for the Partner Visa (subclass 820/801 for onshore applicants and subclass 309/100 for offshore applicants). The visa process involves two stages: a temporary visa and a permanent visa.

Eligibility Requirements:

1. Relationship Evidence: For both de facto and married couples, substantial evidence is required to prove the genuineness of the relationship.
2. Sponsorship: The sponsoring partner must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
3. Character and Health Checks: Both partners must meet health and character requirements as part of the visa application process.

Documentation Requirements

For Defacto Relationships:

• Cohabitation Proof: Evidence of living together for at least 12 months, such as rental agreements, utility bills, and correspondence addressed to both partners.
• Financial Evidence: Joint bank account statements, shared loans or liabilities, and household expenses.
• Social Proof: Joint invitations, photographs, and statements from friends and family.
• Commitment Proof: Statutory declarations from both partners outlining the history and nature of the relationship.

For Married Couples:

• Marriage Certificate: A valid marriage certificate recognised under Australian law.
• Financial Evidence: Similar to defacto relationships, including joint bank accounts, shared liabilities, and household expenses.
• Social Proof: Joint social activities, photographs, and statements from acquaintances.
• Commitment Proof: Statutory declarations from both partners detailing their relationship.

Benefits of Each Relationship Type

Defacto Relationships:

• Flexibility: Defacto relationships offer more flexibility for couples who choose not to marry but still want to live together and share their lives.
• Recognition of Genuine Relationships: Acknowledges relationships that are genuine and ongoing, regardless of marital status.

Marriages:

• Legal Recognition: Provides a clear, legally recognised status that can simplify certain aspects of the visa application process.
• International Recognition: Easier recognition across different countries, which can be beneficial for international couples.

Challenges and Considerations

For Defacto Relationships:

• Proving Cohabitation: Demonstrating 12 months of cohabitation can be challenging, especially for couples who have spent time apart due to work or personal reasons.
• Gathering Evidence: Collecting sufficient evidence to prove the relationship's genuineness can be time-consuming and complex.

For Married Couples:

• Legal Formalities: The process of legal marriage can involve additional formalities and legal requirements.
• Documentation: Similar to defacto relationships, gathering extensive documentation to prove the genuineness of the marriage is necessary.

Conclusion

Understanding the differences between defacto relationships and marriage is essential for those applying for a Partner Visa in Australia. Both types of relationships are recognised and can lead to a successful visa application provided the applicants meet the necessary criteria and provide substantial evidence of their relationship. By carefully preparing and understanding the requirements, couples can navigate the visa process more smoothly.

For personalised advice tailored to your situation, consider booking a consultation with a registered migration consultant. Their expertise can guide you through the intricacies of visa applications and ensure you maximise the benefits available to you during your stay in Australia.

Remember:

This post is for general informational purposes only and is not a substitute for professional immigration advice. Given the uniqueness of every case, engaging with a registered migration agent is highly recommended for bespoke guidance and to navigate the specific details of your situation effectively. Book a visa consultation with a Registered Migration Agent

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