If you are applying for an Australian visa on the basis of a de facto relationship, you may be required to demonstrate that such a relationship exists. This involves showing that your relationship meets the relevant legal requirements and is genuine and ongoing.
1. What is a De Facto Relationship?
Under Australian migration law, a de facto relationship exists when two people:
-
are not married to each other
-
are not related by family
-
have a genuine and exclusive relationship
-
are committed to sharing a life together
You must also be:
-
living together, or
-
not permanently separated
This applies to both opposite-sex and same-sex couples.
2. How Does the Government Assess Your Relationship?
The Department looks at your relationship as a whole. There are four main areas they consider:
💰 Financial
-
Do you share money or expenses?
-
Do you have joint bank accounts, bills, or assets?
🏠 Household
-
Do you live together?
-
Do you share household tasks?
👫 Social
-
Do your friends and family know about your relationship?
-
Do you attend events together as a couple?
❤️ Commitment
-
How long have you been together?
-
Do you support each other emotionally?
-
Do you see your relationship as long-term?
You don’t need to prove everything perfectly, but your evidence should show a real and ongoing relationship.
3. Do You Need to Be Together for 12 Months?
In most cases, you must show that your de facto relationship has existed for at least 12 months before you apply for the visa. This is a key requirement for many visa types.
4. When Can the 12-Month Rule Be Waived?
You may not need to meet the 12-month requirement if:
-
Your relationship is officially registered in an Australian state or territory
-
There are compelling or compassionate reasons
-
Your partner has (or applied for) a humanitarian visa
-
You get married before a decision is made
5. What Evidence Should You Provide? (Quick Guide)
You should provide documents that show shared finances, such as joint bank accounts or bills, as well as evidence that you live together, like a lease or correspondence sent to the same address. It is also helpful to include social evidence, such as photos or statements from friends and family, and proof of your commitment, including communication records, travel history, or plans for the future
6. Key Takeaway
To succeed, you need to show that your relationship is genuine, continuing, and supported by evidence, while also meeting the legal requirements, including the 12-month rule unless an exception applies.
If you are unsure whether your relationship meets the requirements or need help preparing your application, you may contact MCLP Lawyers for professional advice and assistance.