Partner & De Facto Partner Visas & Migration
In order to qualify for a partner visa, you need to either:
- Be married; or
- Be in a de facto relationship where you have lived together for at least 12 months; or
- Register your relationship and live together.
Since you have been living together since XXX you should have a good chance qualifying for a partner visa on de-facto grounds
You would need to gather the following evidence:
- Cohabitation: You must either live together or not apart on a permanent basis. Evidence showing correspondence addressed to both of you at the same address.
- Financial Interdependence: Joint bank accounts, joint ownership of property, joint financial commitment such as leases, mortgages, insurance policies.
- Social Aspects: Joint travel, joint social activities, and joint participation in cultural or sporting activities, 2x 888 statutory declarations from Australian friends or family.
- Evidence of contact whilst apart
Generally a 2-stage process for Permanent Residency:
- Temporary Partner generally granted first
- 2 years after lodgement, Immigration can consider permanent partner visa.
A waiver exists where you have been in a relationship for 3 years or have dependent children and have been in a relationship for 2 years.
Sponsorship Limitations – 5 year Ban
- If you have previously sponsored a partner, you may be subject to a sponsorship limitation:
- Limited to 2 sponsorships in your lifetime
- These must be at least 5 years apart
- The ban can be waived by showing “exceptional circumstances” – for instance if you have a child of the relationship
Schedule 3 Waiver
- If you currently do not hold a substantive visa, then we would need to provide compelling reasons for waiver of the usual Schedule 3 criteria.
- Generally, we would need to show compelling reasons affecting the interests of an Australian permanent resident or citizen
- Partner applicants are eligible for waiver of s.48 bars where you have previously been refused or had a visa cancelled
- Providing you lodge whilst in Australia holding a temporary visa, you will receive a Bridging A visa.
- This will have full work rights which come into effect when the visa you held at application ceases.
- The bridging visa would cease if you depart Australia – in this case, you would look at applying for a Bridging B visa
- Temporary Partner: 12-15 months
Speak to our experienced immigration agents and lawyers today to discuss the best option forward.