De facto partner visa Australia has become an increasingly popular pathway for individuals seeking to migrate to Australia on the basis of a de facto relationship. This visa category is designed to cater to couples who are in a genuine and ongoing relationship but are not legally married or in a registered partnership. In this article, we will explore the key aspects of the de facto partner visa Australia, including eligibility criteria, application process, and the benefits it offers to successful applicants.
The de facto partner visa Australia is divided into two main categories: the Prospective Marriage Visa (subclass 300) and the Partner Visa (subclass 820/801). The Prospective Marriage Visa is for those who are in a de facto relationship but intend to marry within nine months of arrival in Australia. The Partner Visa is for those who are already in a de facto relationship and wish to live in Australia permanently.
To be eligible for a de facto partner visa Australia, applicants must meet the following criteria:
1. Relationship Duration: The relationship must have been in existence for at least 12 months (or two years if the applicant is in a same-sex relationship) before applying for the visa. Exceptions may apply if the relationship is in the best interests of the child.
2. Living Together: The couple must have lived together continuously for at least 12 months (or two years for same-sex couples) before applying. There are some exceptions to this requirement, such as when one partner is in Australia on a temporary visa.
3. Mutual Commitment: Both partners must be mutually committed to a shared life to the exclusion of all others. This includes a mutual commitment to a shared life to the permanent exclusion of all others.
4. Exclusivity: The relationship must be between two people, not more than one of whom is the de facto partner of another person at the same time.
5. Cohabitation: The couple must have cohabited in a genuine and ongoing relationship, which can be proven through various forms of evidence, such as shared finances, property ownership, and social recognition.
The application process for a de facto partner visa Australia involves several steps:
1. Proof of Relationship: Gather evidence to prove the relationship’s duration, living together status, mutual commitment, exclusivity, and cohabitation.
2. Health and Character Checks: Complete the necessary health and character checks as required by the Australian government.
3. Visa Application: Submit the visa application along with all required documentation to the Department of Home Affairs.
4. Visa Grant: Once the application is approved, the applicant will receive a decision on whether they can move to Australia and eventually obtain permanent residency.
The de facto partner visa Australia offers several benefits to successful applicants, including:
1. Permanent Residency: Successful applicants can eventually apply for permanent residency after holding the Partner Visa for two years.
2. Family Reunification: The visa allows applicants to bring their dependent children and other eligible family members to Australia.
3. Work Rights: Holders of the Partner Visa are generally entitled to work in Australia without restrictions.
4. Social Security: Successful applicants can access Australian social security benefits and services.
In conclusion, the de facto partner visa Australia is a valuable option for those in genuine de facto relationships who wish to migrate to Australia. Understanding the eligibility criteria, application process, and benefits of this visa can help individuals navigate the complexities of the visa system and increase their chances of a successful application.
