How do I prove I'm in a de facto relationship for a visa application?

In Plain English

To prove you're in a de facto relationship for a visa application, you generally need to show that you've been in the relationship for at least 12 months. However, this 12-month requirement might be waived if you can demonstrate compelling and compassionate circumstances. You also don't need to meet the 12-month requirement if your relationship is registered with a state or territory.

Detailed Explanation

To demonstrate a de facto relationship for a visa application, regulation 2.03A of the Migration Regulations 1994 (docid=5) outlines specific criteria. Generally, the Migration Regulations 1994 2.03A(3) requires that the applicant has been in a de facto relationship for at least 12 months immediately before the date of application for certain visas, including:

  • Permanent visas
  • Business Skills (Provisional) (Class EB) visa
  • Skilled Employer Sponsored Regional (Provisional) (Class PE) visa
  • Student (Temporary) (Class TU) visa
  • Partner (Provisional) (Class UF) visa
  • Partner (Temporary) (Class UK) visa
  • General Skilled Migration visa

However, this 12-month requirement is waived under the Migration Regulations 1994 2.03A(4) if:

  • The applicant is in a de facto relationship with a person who is or was the holder of a permanent humanitarian visa, and Immigration was informed of the relationship before the permanent humanitarian visa was granted.
  • The applicant is in a de facto relationship with a person who is an applicant for a permanent humanitarian visa.

Additionally, the 12-month requirement does not apply if the de facto relationship is a registered relationship within the meaning of section 2E of the Acts Interpretation Act 1901, as per the Migration Regulations 1994 2.03A(5).

The Migration Regulations 1994 2.03A(3)(b) allows for waiving the 12-month requirement if the applicant can establish compelling and compassionate circumstances for the grant of the visa.

The Migration Regulations 1994 2.03A(2) specifies that both individuals in the de facto relationship must be at least 18 years old.