Can I Get a De Facto Visa If We Broke Up and Got Back Together?

Does a break-up reset the 12-month de facto requirement?

A break-up resets the 12-month de facto requirement only if it actually ended the de facto relationship. The regulations require the relationship to have existed for 12 months immediately before the application, so if the couple stopped being in a relationship and later reconciled, the Department will usually count the 12 months from the reconciliation. A short argument or a brief period living apart that did not end the commitment is different. Our article on the de facto partner visa and the 12-month rule explains how the period is measured.

How does the Department decide whether a separation ended the relationship?

The Department decides whether a separation ended the relationship by looking at what the couple did during it. Relevant questions include whether they moved out permanently, divided property, told family and friends the relationship was over, started other relationships or stopped all contact. Couples who stayed in contact, kept shared finances and continued to plan a future together are in a stronger position to show the relationship continued. Our article on partner visa repeated separations explains how decision makers weigh these facts.

Should we disclose the break-up in our application?

A couple should disclose a break-up in a de facto visa application, because the Department may learn of it from earlier visa applications, social media, statements from friends or the couple's own evidence. Hiding a separation and having it discovered later is far more damaging than explaining it. The relationship statement is the right place to describe what happened, why the couple reconciled and how the relationship has been since, in a way that is consistent with every other document.

Can registering our relationship help after we got back together?

Registering the relationship can help after a reconciliation, because a relationship registered under an Australian state or territory register is exempt from the 12-month requirement. Registration does not replace the need to show a genuine and continuing relationship, so the couple still provides evidence across the four aspects. Each register has its own eligibility rules, and the couple should confirm the registration is complete before lodging the application.

What evidence helps a couple who broke up and got back together?

The evidence that helps most after a break-up and reconciliation shows a stable shared life since the couple reunited, such as a joint lease, combined bills, shared finances and Form 888 statements from people who know the couple well. Evidence from before the separation still has value because it shows the history of the relationship. Our guide to partner visa evidence of a genuine relationship explains how to organise both periods.

How does My Migration Lawyers handle de facto applications after a reconciliation?

My Migration Lawyers handles a reconciliation case by building an accurate timeline first, so the firm can tell the couple whether the 12 months should be counted from the start of the relationship or from the reunion. Where the count falls short, the firm advises whether registration, waiting or marriage is the better option. The firm then prepares the explanation and the supporting evidence together. Couples can raise their circumstances with our partner visa lawyers before choosing a lodgement date.