If you’re looking to apply for a Partner Visa, you may be wondering if you need to be living with your partner before you apply. The good news is that you don’t have to be living together to be eligible for this visa. However, you do have to prove that you have a genuine marriage or de facto relationship that you’re committed to and that you do not live permanently apart. Read on to understand more about the requirements for a Partner Visa in Australia.
Partner Visa Application Misconception
There’s a common misconception among visa applicants that in order to apply for a Partner Visa, you need to have been living with your partner for at least 12 months. The Australian Government does not require you to have been living with your partner at all in order to apply for a Partner Visa. This misconception arises from the fact that in order to be eligible for a Partner Visa you need to either be married or have been in a de facto relationship for at least 12 months before applying. However, the definition of a de facto relationship does not require that you have lived together for the duration of that time. If you have lived together for 12 months, this is a great way to prove you are in a de facto relationship, but if you haven’t there are other forms of proof available. For example, you may be required to provide evidence that the de facto relationship has been officially registered with the Australian Registry of Births Deaths & Marriages,
Partner Visa Requirements
In order to qualify for a Partner Visa, you must prove that you and your partner are in either a spousal or de facto relationship. This means you are either legally married or have had a relationship that meets the legal definition of a de facto relationship for 12 months. However, this is not all that is required. The government also requires proof that this relationship is genuine and continuing. Again, living together is not a requirement, but if you have been living together for 12 months this is an easy way for the government to recognise the legitimacy of the relationship without requiring as much additional proof.
In addition to proving you are in a genuine and continuing spousal or de facto relationship, you will also have to meet the following conditions:
- You are committed to each other to the exclusion of all others
- You either live together or do not live permanently apart (i.e. you have clear plans to live together in the immediate future)
- You are not related by family (you cannot be a sibling or a direct descendant to your partner)
Partner Visa Factors
The most important factor in having your Partner Visa approved is ensuring you meet the Evidence of Relationship requirements. You will need to provide supporting documentation with your application that demonstrates evidence of your relationship based on these four factors:
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- Financial – Proof that you share finances (e.g. joint mortgages, leases, bills or bank accounts)
- Nature of household – Proof that you share domestic matters and household management (e.g. statement about shared housework, mail addressed to both parties or documents showing your living arrangements). If you don’t yet live together, you should provide evidence of your plans and intentions to live together with a statement detailing what the living arrangements and household responsibilities will be.
- Social – Proof that others know about your relationship (e.g. joint invitations, proof of common friends or photographs of social activities together).
- Nature of commitment – Proof that you are committed to a long-term relationship (e.g. evidence that you stay in touch regularly when apart) and you know a lot about each other.
You can apply for a Partner Visa if you have never lived together. However, if you’re not married you’ll need to provide proof that your de facto relationship has been continuing for at least 12 months. In addition, you’ll need to provide evidence of your relationship. If you require assistance with your Partner Visa application, contact AustraliaMigrate today.
