How Far Back Should Our Relationship Evidence Go?
Key points
- De facto couples must generally show a relationship of at least 12 months immediately before applying, unless the relationship is registered or another exception applies (regulation 2.03A).
- The Department assesses whether the relationship is genuine and continuing, so evidence should run up to the decision.
- The permanent stage is generally assessed about two years after the combined application is lodged.
How far back should our relationship evidence go?
Relationship evidence should go back to when the relationship began, but the amount of evidence for each period can vary. Early stages, such as how the couple met and started dating, can be shown with a few messages, photos and the relationship statement. The period since the couple committed to each other or moved in together usually needs fuller evidence across all four aspects. Our guide to the partner visa evidence timeline explains how to cover each stage.
Why is the 12 months before lodgement important for de facto couples?
The 12 months before lodgement is important for de facto couples because regulation 2.03A generally requires the de facto relationship to have existed for at least 12 months immediately before the application is made. Evidence must show the relationship during that whole period, not just at the start and end. Registration of the relationship or another exception can remove the requirement. Our article on the de facto 12-month rule explains the exceptions.
Do married couples need evidence from before the wedding?
Married couples benefit from evidence from before the wedding, because a marriage certificate proves the marriage but not that the relationship is genuine and continuing. Evidence of how the couple met, the time they spent together and their families' involvement before the wedding helps show the marriage is genuine. Couples who married soon after meeting can read our article on a partner visa after a short relationship.
Can we use evidence from before we lived together?
Evidence from before the couple lived together can be used, and it is often essential for couples who dated for a long time, lived apart for cultural reasons or had a long-distance relationship. Messages, visits and time with each other's families show the relationship growing. Our article on a partner visa long-distance relationship shows how this kind of history is presented.
Does evidence need to continue after lodgement?
Evidence needs to continue after lodgement because the Department assesses the relationship at the time of decision. For onshore and offshore partner visas, the permanent stage is generally assessed about two years after lodgement, and fresh evidence of the continuing relationship is expected then. Our articles on the partner visa two-stage process and second stage documents explain what is usually needed.
Is very old evidence ever a problem?
Very old evidence is rarely a problem in itself, but large volumes of it can bury the evidence that matters. A case officer reviewing hundreds of pages from the early months may miss the strong recent evidence. Older evidence should be selective and clearly labelled. Our guide on how much evidence is needed for a partner visa explains how to keep an application readable.
How does My Migration Lawyers decide how far back your evidence should go?
My Migration Lawyers works out which periods the law and the facts make important for each couple, such as the 12 months before lodgement for a de facto relationship or the courtship before a quick marriage, and focuses the strongest evidence there. The firm then selects a lighter set of earlier evidence to show how the relationship developed and plans the evidence to be added during processing. Couples can discuss their history with our partner visa lawyers.
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