If you’re thinking about applying for a Spouse Visa or a de facto partner visa, you might be wondering if you have to live with your partner first. The good news is that you do not need to live together to qualify for this visa. You must, however, demonstrate that you have a true marital or de facto relationship to which you are devoted and that you do not live apart permanently. Continue reading to learn more about the criteria for an Australian Partner Visa.
Misconception Regarding Partner Visa Application
A prevalent myth among visa applicants is that you must have lived with your spouse for at least 12 months in order to apply for a Partner Visa. The Australian Government does not need you to have lived with your spouse for any period of time in order to apply for a Partner Visa. This myth stems from the requirement that you be married or have been in a de facto relationship for at least 12 months before applying for a Partner Visa. The concept of a de facto relationship, on the other hand, does not need that you have lived together for the whole of that period.
If you’ve been living together for 12 months, this is a terrific method to establish you’re in a de facto relationship, but if you haven’t, there are other options. For example, you may be needed to show proof that the de facto relationship was legally registered with the Australian Registry of Births, Deaths, and Marriages.
Visa Requirements for Partners
To be eligible for a Partner Visa, you must demonstrate that you and your partner are in a marital or de facto relationship. This implies you are either legally married or have been in a partnership for 12 months that fulfills the legal criteria of a de facto relationship. However, this is not the only need. The government also wants confirmation that this relationship is real and ongoing. Again, living together is not required, but if you have been living together for 12 months, the government will recognize the legality of the relationship without asking for as much proof.
In addition to demonstrating that you are in a true and enduring spousal or de facto relationship, you must also fulfil the following requirements:
- You are completely dedicated to each other to the exclusion of all others.
- You either live together or do not live apart forever (i.e. You have specific plans to live together in the near future)
- You are not linked by blood (you cannot be a sibling or a direct descendant to your partner)
Factors Influencing Partner Visa
The most significant aspect of getting your Partner Visa granted is meeting the Evidence of Relationship criteria. You must provide supporting documents with your application that exhibits evidence of your relationship based on the four characteristics listed below:
Financial – Evidence that you share money (e.g. joint mortgages, leases, bills or bank accounts)
The nature of the household – Evidence that you share family issues and household management (e.g. a declaration regarding shared housekeeping, mail addressed to both partners, or evidence demonstrating your living arrangements). If you do not yet live together, you should submit documentation of your plans and intentions to live together, as well as a declaration outlining your living arrangements and household obligations.
Social – Evidence that others are aware of your relationship (e.g. shared invites, proof of common acquaintances, or photos of joint social activities).
Nature of commitment – Proof that you are devoted to a long-term relationship (e.g., evidence that you communicate frequently while separated) and that you know a lot about each other.
If you have never lived together, you can apply for a Partner Visa. If you are not married, you must produce documentation that your de facto relationship has lasted at least 12 months. You will also be required to produce proof of your relationship.
Conclusion
You can also contact a professional migration agency if you need help with your application. These applications can become complicated so having the assistance of an experienced migration agent will go a long way in the approval of your application. Make sure the agent you want to work with is registered with MARA(Migration Agents Registration Authority).
