Can I Get a De Facto Visa If We Met Online?
Key points
- A de facto relationship requires a mutual commitment to a shared life to the exclusion of all others, and living together or not living apart on a permanent basis (section 5CB of the Migration Act).
- The de facto relationship must generally have existed for 12 months immediately before the application, unless it is registered or another exception applies (regulation 2.03A).
- The Department assesses four aspects of the relationship: financial aspects, the nature of the household, social aspects and the nature of the commitment.
Does meeting online affect a de facto visa application?
Meeting online does not, by itself, affect a de facto visa application, because the Migration Act and Regulations do not ask where a relationship began. Dating apps, social media and online communities are now common ways for couples to meet. The Department assesses the relationship as it exists at the time of application and at decision, and our article on a partner visa after meeting online explains why the meeting itself is rarely the issue.
When does an online relationship become a de facto relationship?
An online relationship becomes a de facto relationship when the couple share a committed life together, which normally means living together or, if apart, not living apart on a permanent basis. Messaging and video calls alone, however frequent, do not usually create a de facto relationship. Most couples who met online need to show a period of real shared life after meeting in person, and our article on de facto relationships and the 12-month rule explains how that period is counted.
Can online messages be used as evidence for a de facto visa?
Online messages can be used as evidence for a de facto visa, particularly to show how the relationship developed and how the couple stay in contact during time apart. Messages are supporting evidence, not the core of the case. A selection showing regular contact across the whole relationship is more useful than thousands of screenshots, and messages in another language must be translated. Our article on partner visa evidence translation explains the translation requirement.
Why might the Department look more closely at a relationship that started online?
The Department may look more closely at a relationship that started online where the couple spent little time together before applying, have a large age gap, do not share a common language, or where one partner had a visa refused before. These are risk indicators rather than grounds for refusal. A relationship statement that explains how the couple moved from online contact to a shared life, supported by travel records and household evidence, answers these concerns directly.
What if we have not yet completed 12 months together?
A couple who met online and have not completed 12 months as de facto partners have three main options: wait until the 12 months is complete, register the relationship in an Australian state or territory that allows it, or marry and apply as spouses. For an applicant outside Australia, the Subclass 300 prospective marriage visa may suit a couple who have met in person and intend to marry. Each option carries different evidence and timing requirements.
How does My Migration Lawyers help couples who met online with a de facto visa?
My Migration Lawyers helps couples who met online by turning a relationship that began on a screen into a clear, documented history the Department can follow, from first contact to first meeting to shared life. The firm checks whether the de facto definition is met yet, selects the online evidence worth including and identifies any risk factors that need an explanation. Couples can raise their circumstances with our partner visa lawyers by video, wherever each partner is living.
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