Can a De Facto Visa Be Refused for Not Meeting the 12-Month Rule?

Why would a de facto visa be refused under the 12-month rule?

A de facto visa is refused under the 12-month rule when the Department is not satisfied that the couple had a de facto relationship for at least 12 months immediately before lodgement, and no exception applies. Often the dispute is about when the de facto relationship began, as distinct from when the couple met or started dating. Our article on the de facto partner visa explains the definition.

When does a de facto relationship start for the 12-month rule?

A de facto relationship starts for the 12-month rule when the couple have a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, and live together or do not live apart on a permanent basis. Living under one roof for 12 months is not always required, because time apart for genuine reasons does not end a relationship. Our article on whether you need 12 months de facto explains this point.

Can registering our relationship now fix the refusal?

Registering the relationship now will not fix a 12-month refusal, because the 12 months is assessed as at the date of application and a later registration cannot change that position. Registration remains useful for a future application and as evidence of commitment. Couples should check whether their state or territory has a relationship register before relying on it.

What are compelling and compassionate circumstances for the 12-month rule?

Compelling and compassionate circumstances for the 12-month rule are serious circumstances that make it unreasonable to insist on 12 months, such as a child of the relationship, or circumstances that prevented the couple from living together. Each case depends on its facts and evidence, and a strong preference to stay together is not enough by itself. Our article on partner visa compelling reasons explains how these arguments are built.

Can the Tribunal overturn a 12-month refusal?

The Tribunal can overturn a 12-month refusal where the evidence shows the de facto relationship in fact existed for 12 months before lodgement, or where an exception applies. New evidence of the earlier period, such as a shared lease, joint bills or statements from people who knew the couple at the time, is often decisive. Our article on partner visa ART evidence explains what the Tribunal looks for.

Is a new application better than review after a 12-month refusal?

A new application is sometimes better than review after a 12-month refusal, because by now the couple may clearly meet 12 months. A new onshore application, however, may face Schedule 3 or condition 8503 if the applicant no longer holds a substantive visa, and a new charge is payable. Our page on partner visa refusals explains how the choice is made.

How does My Migration Lawyers challenge a 12-month refusal?

My Migration Lawyers challenges a 12-month refusal by reconstructing the relationship month by month before lodgement, using documents rather than memory, to find the true start of the de facto relationship. The firm then tests whether registration or compelling and compassionate circumstances applied at lodgement and decides whether the Tribunal or a fresh application gives the stronger case. Couples can speak with our partner visa lawyers.