De Facto Partner Visa Australia
Eligibility and Requirements:
- Those whose divorce is still pending or whose marriage has not been annulled yet can apply for Partner Visa if they are in a relationship for one year.
- De facto partner applies equally to the opposite and the same-sex couples.
- It allows a legally married person who is permanently living apart from the estranged partner to be considered in a de facto relationship, as long as it can be shown that the previous relationship has not ended.
- Partners should not be related by blood. Even their children are given the same recognition, benefits, and obligations with that of opposite-sex relationships.
- Both partners must be adults, at least 18 years old at the time the visa application is made.
- The couple must have a mutually exclusive relationship which is genuine and continuing. The length of time the partners have lived together is also an important consideration. Living together does not necessarily require cohabitation, which means residing together under the same roof. There are instances where, although the parties are not residing at the same address, they are considered living together and having an ongoing de facto relationship. It is accepted that partners maybe living together, even though living separately (but not apart on a permanent basis) for valid reasons that do not diminish the completeness and purity of the relationship.
- Partners in an ongoing de facto relationship may be temporarily separated for a number of reasons. Acceptable reasons are frequent travel for business purposes, employment abroad or employment outside commutable distance or an unexpected family emergency.
- Evidence of genuine and continuing relationship for at least one year immediately before lodging application consisting of record of regular communications during any period of separation, itemized phone accounts to show that contact was maintained, proof of financial support, joint bank account maintained for a reasonable length of time showing history of transactions, joint tenancy agreement, evidence as beneficiary of superannuation, joint membership to organization, utility bills under both names with same address, terms of your wills, joint travels are important to show.
- If both partners are eligible, register relationship in the Births, Deaths, Marriages Registry Office in your area.
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