Does Living Together Overseas Count Towards the 12 Months?

Does the 12-month de facto period have to be in Australia?

The 12-month de facto period does not have to be in Australia. Regulation 2.03A asks whether the couple has been in a de facto relationship for at least 12 months immediately before the application, and the location of that relationship is not part of the test. Many couples meet overseas, live together there and later move to Australia or apply from abroad. Our article on the de facto partner visa and the 12-month rule explains how the period is counted.

What evidence proves we lived together overseas?

The evidence that proves a couple lived together overseas is the same kind of evidence used in Australia: a lease or property document in both names, utility bills, bank statements showing a shared address, letters addressed to both partners, and statements from people who knew them as a couple there. Travel records and entry stamps help show both partners were in that country at the same time. Where one partner held a visa for that country, the visa record can also confirm the period they lived there together. Our guide to partner visa household evidence lists the documents that carry most weight.

What if our overseas documents are not in English?

Overseas documents that are not in English must be translated into English before they are relied on in the application. Leases, bank records and letters from another country are common examples. Translations should be accurate and complete, and the original should be provided with the translation. Our article on partner visa evidence translation explains what the Department expects.

What if we lived together overseas informally?

Couples who lived together overseas informally, for example in shared housing, with family or without a lease in their names, can still count that time, but they usually need more explanation and other evidence. Statements from landlords, housemates or family members, photographs of the home and evidence of shared expenses can fill the gap. The relationship statement should describe the home, who else lived there and how the couple shared costs and household tasks. Our article on partner visa informal living arrangements covers this situation.

Does living together overseas affect which partner visa we apply for?

Living together overseas does not decide which partner visa a couple applies for, because the subclass depends on where the applicant is when the application is lodged. An applicant in Australia on a suitable visa usually applies for the Subclass 820, while an applicant outside Australia applies for the Subclass 309. Our article on partner visa pathways compares the options.

How does My Migration Lawyers prove an overseas de facto period?

My Migration Lawyers proves an overseas de facto period by building a dated timeline from the first day the couple lived together and matching each part of it to documents, travel records and statements. The firm identifies where the overseas evidence is weak and advises what can still be obtained from that country before lodgement. Sponsors whose partner is still overseas can read about our Subclass 309 visa service, and couples in Australia can speak with our partner visa lawyers.