What Does Mutual Commitment to the Exclusion of All Others Mean?

What does mutual commitment to the exclusion of all others mean?

Mutual commitment to the exclusion of all others means that both partners have committed to a shared life with each other alone, as a married or de facto couple. "Mutual" requires the commitment to come from both partners, not just one. "To the exclusion of all others" means neither partner has a competing relationship of the same kind. Our guide to the nature of commitment explains how this element is assessed.

Where does this requirement appear in the law?

This requirement appears in section 5F of the Migration Act for married couples and section 5CB for de facto couples. Both definitions also require the relationship to be genuine and continuing, and the couple to live together or not live apart on a permanent basis. A partner visa cannot be granted unless the relationship meets the relevant definition. Our article on partner visa requirements shows how the definitions fit with the other criteria.

Can I get a partner visa if I am still married to someone else?

A person still legally married to someone else may still qualify in some cases, because separation and divorce are different things. A de facto relationship can exist while one partner remains married to a former spouse from whom they have separated, but the evidence must show that the earlier relationship has ended in substance. A spouse application requires a marriage that is valid in Australia. Our article on a partner visa while still married explains the issues, and our article on partner visa after divorce covers later steps.

How is mutual commitment shown?

Mutual commitment is shown through evidence of a shared life and shared plans, such as living together, combining finances, caring for each other during illness, introducing each other to family, and planning the future together. The relationship statement should describe the commitment in the couple's own words. Our article on partner visa commitment evidence lists the documents commonly used.

What raises doubt about exclusivity?

Doubt about exclusivity is raised by a continuing relationship with a former partner, an undisclosed earlier marriage, children with another partner born during the claimed relationship, or information from a third party. Previous relationships are not a problem in themselves, but they must be disclosed accurately. Our articles on previous relationships and an undeclared relationship explain how to deal with them.

What if the Department says the commitment is not mutual?

If the Department considers the commitment is not mutual, the couple may be able to answer the concern before a decision. Where the concern rests on adverse information about the applicant or another person that the applicant did not give for the application, section 57 generally requires the Department to invite comment before refusing. A refusal on this ground can generally be reviewed at the Administrative Review Tribunal within a strict time limit. Our page on partner visa refusals explains the options.

How does My Migration Lawyers address mutual commitment concerns?

My Migration Lawyers examines each partner's relationship history, including earlier marriages, separations and divorces, and confirms that the current relationship meets the statutory definition before anything is lodged. Where a past relationship could be misread, the firm documents when it ended and presents the commitment between the current partners clearly. Couples can raise their history with our partner visa lawyers.