The COVID-19 pandemic, causing active border restrictions in various countries, has stirred our career plans, and our relationships with our loved ones. What used to be an easy trip for every overseas partner has now become troublesome. The mandatory quarantines and complicated processes involved are making it hard for us to travel.
We understand how frustrating it is to be away with your partner, but why suffer from loneliness if there’s a way for you to be together?
If you are in a relationship with an Australian or a New Zealand citizen, or maybe with a Filipino who has gained permanent residency in Australia, read up and find out how you could be reunited through the de facto relationship Australia partner visa and bridge the gap in your love affair.
What is a De Facto Relationship as defined by Australian law?
A de facto relationship is a genuine, opposite, or same-sex relationship of two unrelated people who are not legally married but have lived together at some point, 1 year before the application of visa was made.
Proving a De Facto Relationship
The Australian authorities are interested in proving your relationship to them through various ways. You can satisfy them by providing the following information:
A written statement should contain a thorough detail of your relationship. You are expected to narrate important events such as how, when, and where you and your partner first met, the developments of your relationship, the date when you first moved in together, the duration, the time when you had to live separately, the circumstances that lead to it, future plans and so on. It’s like divulging everything there is about your private life.
If both of you are living together, there must be some assets (e.g. properties, cars, etc.), joint bank accounts, credit card statements, or loan documents that are both under your names. This can be used as solid proof that you and your partner have lived under one roof and are sharing liabilities.
Any document that shows how things go in your homes in terms of shared expenses and living arrangements can also be used as evidence that you and your partner are in a de facto relationship. Some of these are electric or water bills, letters, shared responsibilities on children, delivery, and purchase receipts under the same addresses.
Just like any other regular relationship, couples do many things together. You might have saved up evidence of these such as an invitation indicating both of your names, pictures together with your common friends and family members, awards and acknowledgments from certain bodies showing both of your names, and travel tickets confirming that both of you have traveled together.
Proof of commitment
Some details under this section can be provided during an interview. You should be able to provide information on each other’s personal and family backgrounds. Other proofs are call log history, texts, letters, emails, and chats.
De Facto Visa Australia - Cost and Processing Time
A partner visa costs around AUD 7,850 with a processing time of 20 to 27 months. The fees come as a package, meaning, paying for it involves fees for the processing of the permanent visa as well.
Temporary partner visas for your de factor partner are expected to lead to a permanent visa (subclass 801). So, until your permanent visa is released or withdrawn, you’d be allowed to stay under the de facto relationship Australia visa.
Travel Restrictions and Exemptions
Since the Australian borders are currently closed due to the pandemic, exemptions or the ability to file one has been permitted by the Department of Home Affairs. Among those who are exclusively allowed to go through the country are the people recognized by the government as part of the exemption.
Fortunately, immediate family members are directly granted an exemption. Immediate family members include the spouse, de facto partner, dependent child, and a legal guardian. For this group of people, there is no need to apply for an exemption.
De Facto Relationship Requirements FAQs
1. Do we need to stay together for the entire period of our relationship?
No, it is understandable if there are certain periods during your relationship that didn’t allow you to stay together. But you must have proof that you have at least lived commonly within that year before the temporary partner visa application was filed.
2. What if our situation doesn’t allow us to be together, wherein same-sex relationships aren’t regarded as legal?
In such cases, it would be difficult to provide proof of your commitment to each other. However, the immigration officials could consider your case under the “compassionate and compelling” reasons.
3. What are my legal rights in Australia when staying under a temporary partner visa?
Subclass 820 Temporary Partner visa allows the de facto partner to live, work, and study in Australia while the permanent visa is being processed. You are also granted multiple entries and may attend free English language classes provided by the government.
4. How long does it take for the permanent visa to be released?
You will be required to provide additional documents 2 years after you were granted a temporary visa. It takes another 11 to 19 months for your application to be processed.
I hope all this important information answered your query about establishing a de facto relationship for your Australia visa application. If you have further questions, please do not hesitate to contact our friendly Fil-global agents for a no-obligation consultation. We’d be happy to help you lay out all your options so you can be reunited with your loved one soon.