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De facto Partner Visas – How do we prove it?

De Facto Relationship Couple Married Australian Migration Agents Immigration Lawyers Brisbane Melbourne Sydney Partner visa

One of the most common questions that people ask me is; How do we prove we are in a de facto relationship?

Whether you apply onshore or offshore for a partner visa you must satisfy the Department of Immigration that your relationship is genuine and you are committed to each other.

Generally, the requirement is that you must have lived together as husband and wife in a relationship to the exclusion of other for a period of 12 months.

There are exceptions to the 12 month period. For example, if:

  • you can demonstrate compelling and compassionate circumstances, such as having dependent children;
  • your partner has been granted a permanent humanitarian visa and your de facto relationship existed before it was granted, and you told the Department about the relationship before the visa was granted;
  • your de facto relationship has been registered in New South Wales, Victoria, Queensland, Tasmania and the Australian Capital Territory.

I am in a same sex relationship – Can we apply for a de facto partner visa?

Yes, same sex relationships can be recognised for the purposes of Partner visa based on a de facto relationship.

Do I have to be divorced from my former spouse?

No, you can apply for a partner visa based on a de facto relationship even if you are still legally married to your former spouse and not legally divorced.

What evidence do I need to prove our de facto relationship?

It is important you provide strong evidence to support your relationship and our team will provide you with expert advice and guide you through this process.

To apply for a Partner visa as a de facto relationship you must meet certain health and character requirements set out by the Department of Immigration.

If you have any questions regarding Partner visas or would like to begin your Partner visa application, please contact our team of Immigration Lawyers and Registered Migration Agents.


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