Important Things to Know About De Facto Partner Visas

A partner visa allows someone who does not have an Australian passport to be lawfully present in Australia because of their marital connection with a sponsor. In this case, a sponsor must be an Australian citizen or a holder of an Australian permanent residence visa, or an eligible New Zealand citizen, which is a fancy way of expressing that a New Zealand citizen resided in Australia at some point.

Your partner visa application will be processed in two parts. The first step is to get a provisional visa, which will enable you to live and work in Australia. The second stage is a permanent residence visa, which enables you to stay in Australia indefinitely. If you apply from within Australia, you will normally be given a bridging visa, which will allow you to be legally present in Australia until the first stage visa is approved. A “partner visa” is also known as a “spouse visa,” “spousal visa,” or “marriage visa.”

De facto Partner Visa Terms You Should Understand

Partner visa

A “de facto visa” or “spouse visa” may also be referred to as a “Partner visa.”  Similarly, a “marriage visa” is a “spouse visa,” and it may also be referred to as a “Partner visa.”

Spouse visa

Spouses of Australians can apply for a permanent partner visa in Australia. Spouses might be in a “married relationship” or a “de facto relationship,” depending on the situation.

820 visa

A de facto partner visa granted in Australia is classified as a subclass 820 visa.

309 visa

A subclass 309 partner visa is one that is applied for while the applicant is outside of Australia.

Permanent de facto Partner visa

Both the 820 and 309 visas provide permanent residency in Australia. Permanent residency is referred to as the subclass 801 visa in the case of the 820. Permanent residency is referred to as the subclass 100 visa in the case of the 309.

What is a de facto partner visa in Australia?

Permission granted by Immigration to allow the de facto partner of an Australian citizen, permanent resident of Australia, or eligible New Zealand citizen to be legally present in Australia, either temporarily or permanently.

Requirements for Obtaining a De Facto Visa

Basic de facto visa eligibility

• You and your companion must have been in a de facto relationship for at least 12 months prior to submitting the application, or have registered your de facto partnership prior to or shortly after submitting the application.
• If you are living apart, it must be for a limited time.
• One partner must be an Australian citizen or permanent resident, or a New Zealand citizen in good standing. This person is usually over the age of 18.
• Both must be willing to commit to a shared life as partners in a true partnership.

De facto visa checklist

Each de facto visa lawyer will have their own checklist of papers required to support a de facto visa application. You will be required to provide documentation regarding your identity, the nature of the relationship, past partnerships, immigration history, health, and character. The Department has prepared a general Partner visa checklist.

There aren’t enough documents.

Most individuals believe that not having a stack of paperwork with joint names and “couple” photographs with friends and relatives for a year is the reason they’ll be rejected. Wrong! It’s not the amount of stuff! Rather, it is the persuasive and corroborative value of all of the information you present. In reality, you’d only rush to complete these things if your primary goal was to obtain a visa. Chances are, your de facto visa application isn’t established on sound grounds in such a circumstance.  Is the primary purpose of your de facto visa application to facilitate an immigration outcome? If your documentation indicate this, you’re on the wrong track!  Get on a different course as soon as possible!

De Facto refusal

If your relationship is real, you will most likely be successful in securing a visa. The immigration gods are smiling on you! You must continue to exercise caution. A careless error might result in a visa rejection and a needless appeal. You’ll have more time, money, and anxiety. For example, an immigration law technicality… such as not having the correct visa at the time of application, or being in the incorrect location when you apply… might be a cause that leads to your application being denied.

You see, most de facto Partner visa applicants do not have their de facto Partner visa denied due to a lack of supporting documentation. If your relationship is real and you explain why you are low on supporting evidence, it is highly easy to obtain a de facto Partner visa issued without extensive paperwork. The majority of clients have limited documentation, but they are all in legitimate de facto relationships. Time and again, de facto Partner visa applications with minimal supporting documentation have been granted.

Credibility is the main difficulty in de facto Partner visa cases.

Has your case officer been given convincing evidence that your relationship existed to the necessary degree at the period stipulated by the regulations, and that it continues to exist at the time of their ruling? These are the two most crucial questions. I’ve discovered that immigration case officials desire nothing more than to accept an application, whether it’s for a de facto Partner visa or anything else. Why?

It is simpler to receive approval

To begin with, it is far simpler for a case officer to approve a de facto visa application than it is to deny one. If a de facto visa is rejected, writing down “reasons for decision” in a decision record can be time-consuming, especially given how straightforward it is to grant a de facto visa. Department employees also recognize that any declined Partner visa application and their sponsor may file an appeal with the AAT (Tribunal).

Immigration agents will make every effort to prioritize valid cases.

If you present reasonable proof to support your genuine case, you will avoid the agony of appealing any adverse decision not to issue your visa. I’ve also discovered that immigration case officers have realistic expectations of applicants in terms of documents. And, if you take the correct approach from the beginning, they will work with you to have your de facto Partner visa application accepted as quickly as possible. Explain any absence of supporting documentation.