The most common visa in the family category is the partner visa. You may be eligible to migrate to Australia using the partner visa if you are married or in a de facto partner relationship with an Australian citizen, Australian permanent resident or an eligible New Zealand citizen.
The legal definition of a ‘de facto’ partner relationship different to that under Family Law Act. Therefore, it is important to enquire with an immigration lawyer to understand whether you are eligible for the visa (per immigration requirements).
First of all, you do not have to have lived together at all to be considered a de facto couple.
The main requirement for the partner visa is:
- Demonstrate you are in a genuine, exclusive and mutually committed relationship with the Sponsor
- The Sponsor must meet certain sponsorship requirements (e.g. not have sponsored someone before within a certain period)
- Be of good character and health
We are experienced with dealing with many complex partner visa applications including:
- Couples who have never lived together or have a short long distance relationship
- Same sex relationship where the relationship is not known to family and friends
- The sponsor has a significant criminal record
- The sponsor has sponsored more than 2 people in the past
- The sponsor has sponsored someone in less than 5 years
- The visa applicant is suffering from domestic violence
- The relationship breaks down before the visa is granted
- One spouse/partner engaged in extra-marital affairs
It is important to note that in 2021, some changes will occur for the partner visa including:
- Introduction of English language requirement
- Two step processing for sponsor and visa applicants separately