Is a Boyfriend or Girlfriend a De Facto Partner for a Partner Visa?

What makes a boyfriend or girlfriend a de facto partner?

What makes a boyfriend or girlfriend a de facto partner is the substance of the relationship, not the label the couple uses. Under section 5CB of the Migration Act, the couple must have a mutual commitment to a shared life as a couple to the exclusion of all others, the relationship must be genuine and continuing, and they must live together or not live separately and apart on a permanent basis. They must also not be related by family. Our article on the de facto partner visa explains each element.

When does a dating relationship become a de facto relationship?

A dating relationship becomes a de facto relationship when the couple begins to share their life in the way section 5CB describes, which in most cases is when they start living together as a couple and combining parts of their daily lives. There is no single trigger, and the Department looks at the whole relationship. The 12-month period for a partner visa usually runs from that point, as our article on the Subclass 820 de facto 12 months requirement explains.

Can a couple who do not live together be de facto partners?

A couple who do not live together can be de facto partners in limited situations, because the test allows for partners who do not live separately and apart on a permanent basis. Temporary separations for work, study or visa reasons are common examples. A couple who has never lived together, however, usually has real difficulty proving a de facto relationship. Our article on a partner visa long-distance relationship explains how the Department approaches couples who are apart.

What evidence shows a boyfriend or girlfriend is a de facto partner?

The evidence that shows a boyfriend or girlfriend is a de facto partner covers the four aspects in regulation 1.09A: shared finances and expenses, a shared household and division of household tasks, recognition of the couple by family and friends, and commitment to a future together. A lease in both names, joint bills and statements from people who know the couple are typical examples. Our guides to the partner visa four pillars of evidence and partner visa household evidence explain what to provide.

What if we are boyfriend and girlfriend but cannot meet the 12 months?

A boyfriend and girlfriend who cannot yet meet the 12-month requirement can sometimes still apply by registering their relationship under an Australian state or territory register, or where compelling and compassionate circumstances exist. Engaged couples with the partner outside Australia may consider a Subclass 300 prospective marriage visa instead. Our page on the Subclass 300 visa explains that route.

What mistakes do boyfriend and girlfriend couples make?

The most common mistakes boyfriend and girlfriend couples make are counting the 12 months from their first date rather than from when the de facto relationship began, describing the relationship inconsistently in earlier visa applications, and lodging with evidence that shows dating rather than a shared life. Each of these can lead to refusal. Our article on partner visa refusal reasons explains the most frequent problems.

How does My Migration Lawyers assess whether a relationship is de facto?

My Migration Lawyers assesses whether a relationship is de facto by reviewing the couple's history against each element of section 5CB, fixing the date the de facto relationship began and testing the available evidence for each of the four aspects. The firm then tells the couple plainly whether they can apply now or what needs to change first. Couples can speak with our partner visa lawyers for that assessment.