Can We Use Evidence From Before We Lived Together?
Key points
- The Department considers all the circumstances of the relationship, including its history (regulations 1.09A and 1.15A).
- A de facto couple must live together or not live separately and apart on a permanent basis (section 5CB of the Migration Act), so a de facto relationship can exist before moving in.
- De facto partners must generally show the relationship existed for 12 months immediately before lodgement (regulation 2.03A).
Does evidence from before we lived together count for a partner visa?
Evidence from before a couple lived together counts for a partner visa because the Department assesses the relationship as a whole, not only the period under one roof. Messages, call logs, visits, travel together and introductions to family all show how the relationship developed and how the couple became committed to each other. This early material gives context to later evidence and makes the relationship story believable. Our article on the partner visa evidence timeline explains how far back to go.
Can evidence from before moving in help meet the 12-month de facto requirement?
Evidence from before moving in can help meet the 12-month de facto requirement where the couple was already in a de facto relationship before sharing a home. Section 5CB does not require a de facto couple to live together, as long as they do not live apart on a permanent basis and are committed to a shared life. Couples who lived in different cities or countries before moving in sometimes show a de facto relationship from an earlier date. Our article on the de facto 12-month rule explains the test.
What early relationship evidence is most useful?
The most useful early relationship evidence is evidence that shows commitment and exclusivity rather than only contact. Examples are travel booked together, money sent to support each other, plans made together, meetings with each other's families and messages that discuss a shared future. Our guide to partner visa commitment evidence explains what case officers treat as signs of a committed relationship. Ordinary chatting across a long period shows continuity, but on its own says less about commitment.
Will the Department give early evidence less weight?
The Department may give early evidence less weight than recent evidence, because the question is whether the relationship is genuine and continuing at the time of decision. Early evidence explains the history, while recent evidence proves the relationship continues now. A balanced application includes both, so the relationship can be followed from its start to the present without gaps. Our article on how much evidence is enough explains how to balance the periods.
How should early evidence be organised?
Early evidence should be organised in date order with a short index, grouped under the four aspects the Department assesses: financial aspects, the nature of the household, social aspects and the nature of the commitment. The relationship statement should refer to the key early events so the evidence and the account line up. Consistent dates across every document matter more than volume, and screenshots should show dates clearly.
How does My Migration Lawyers use early relationship evidence?
My Migration Lawyers uses early relationship evidence to build a clear timeline that shows when the relationship became committed, which can be decisive where the 12-month de facto period is close. The firm selects the early material that proves commitment, removes material that adds nothing, and makes sure the start date stated in the application is one the evidence can support. Couples can speak with our partner visa lawyers about their evidence, or read about the Subclass 820 visa for onshore applicants.
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