The de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen who lives in Australia may apply for a Temporary Partner Visa (subclass 820). This visa is the first step in obtaining a permanent Partner Visa (subclass 801). You may apply for both visas at the same time; they will be processed in two stages around two years apart. Providing evidence of living together on a permanent basis is an essential part of the application.

The Department of Immigration and Border Protection (DIBP) recognises that not all relationships are the same, and makes special provisions for de facto partners who may have to live apart at the time of application. To make it easier to apply, we’ve summarised the living together requirements and the types of evidence you’ll need to provide.

Minimum 12-month relationship for de facto partners

To apply for a Partner Visa you need to have been in a de facto relationship for the entire twelve months prior to lodging your application. It doesn’t matter if you have known each other for years; you need to demonstrate that you have lived together as a couple in the past and that you have genuine plans for the future together.

Proving your de facto relationship

When you apply for a Partner Visa, you need to provide evidence of a genuine and continuing relationship with your partner to the exclusion of others. DIBP looks at the history of your relationship: as a couple living together on a permanent basis, sharing financial and social commitments, and setting up a household separately from other people.

History of your relationship

Both you and your partner both need to provide a statement describing the history of your relationship:

  • Where, when and how you first met, and how the relationship evolved
  • When you decided to marry or begin a de facto partner relationship
  • Financial, physical and emotional commitment to each another
  • Explain any significant periods of living apart
  • Your future plans as a couple.

 Proof of joint finances

Combined financial commitments are concrete proof of a committed relationship. Documents you might use to detail financial aspects of the relationship include:

  • House/apartment ownership or rental statements in both names
  • Mail that is addressed to you and your partner as a couple
  • Joint bank statements
  • Joint liabilities, such as home loans, personal loans.

 Social evidence of a relationship

A de facto couple should be accepted as a couple in most social situations. People who routinely invite you as a couple to events – including family, friends and other acquaintances – may provide  a written statutory declaration as evidence. Note that statutory declarations alone are not usually sufficient as social evidence. Other forms of proof include: joint travel to sporting, cultural or social activities; club or association memberships and any forms submitted to government or commercial organisations that declare your status as a couple.

Demonstrating the level of commitment

DIBP needs to ascertain a genuine, mutual commitment between you and your partner. They’ll look at your application and ask questions at the interview to find out:

  • How long you’ve known each other
  • How much personal detail you know about one another
  • Intention for a long term relationship, such as wills and life insurance that detail commitment.

If there was a period of living apart at any time, you may need to provide phone records, emails and messages to show that you talked and maintained contact as a couple during the separation.

Are there any exemptions?

DIBP provides exemptions from living together requirements for compelling circumstances. Living together requirements may be waived if there is a child from your relationship, or cohabitation was not possible in the country where you lived for the 12 months prior to applying, for legal or safety reasons. If your partner holds a permanent humanitarian visa you may also be exempt. In some Australian states or territories de facto relationships can be registered at a Births, Deaths and Marriages registry; this may sometimes be used as evidence of your de facto relationship in lieu of living together requirements.

Cohabitation is the main factor of a committed, de facto relationship. You will need to provide a statement outlining any compelling circumstances for a waiver of the living together requirements.

For more advice on living together requirements for Partner Visa applications, please call us on (02) 8038 1854 or email at [email protected]