Those in a de facto relationship with an Australian citizen or permanent resident can apply to enter and/or remain permanently in Australia with their partner (including same sex relationships).
Usually, you are required to have been in the relationship for a period of 12 months before you can apply for this sort of defacto visa in Australia, however there are exceptions to this rule. The one-year relationship requirement often also applies to the de facto partner of other permanent or student visa applicants. Suitable evidence needs to be provided of this relationship.
Most commonly, a temporary visa is issued in the first instance which will later lead to a permanent visa if the couple is still together at that time.
The de facto visa is designed to allow people who are in de facto relationships to stay in Australia, instead of having to go and live overseas. One partner must already be an Australian citizen or permanent resident or an “eligible” New Zealand citizen.
We help you navigate de facto visa rules
There are different rules, depending on whether you apply from within Australia, or from overseas. In fact there are many different situations, giving rise to quite different rules and DIBP policies. For example, still being married to someone else can make a difference in some cases, but not in others. But there is one thing in common, and that is the need to demonstrate how and why it is a strong and lasting relationship.
Special challenges arise when you have not already been in the relationship for at least a year. But, sometimes, this can be overcome. In every case, it is a good idea to get specialist advice.
Talk to our immigration lawyers for help with your visa
Our team of experienced solicitors can help you understand de facto visas and help you in the application process. Contact us on 02 9299 5815 or email us at firstname.lastname@example.org. Our team also provide a range of visa, citizenship and appeal services and can help you find the right solution for your needs.