In Australian migration law, the definition of a de facto relationship is important, particularly concerning partner visa applications. It extends beyond mere dating or being in a casual relationship.
Defining a De Facto Relationship
According to Australian migration law, two individuals are considered to be in a de facto relationship if they meet the following criteria:
Mutual Commitment: Both parties must demonstrate a mutual commitment to a shared life, excluding all others.
Genuine and Continuing Relationship: The relationship between the individuals must be genuine and ongoing, not just superficial or temporary.
Living Arrangements: The couple must either live together or not live separately and apart on a permanent basis. This ensures that the relationship involves shared domestic life and companionship.
Non-Familial Relationship: The individuals must not be related by family, as outlined in the relevant subsections of the law.
It's important to note that both individuals must be over 18 years old for their relationship to be recognized as de facto.
Factors Considered in Determining a De Facto Relationship
To ascertain the existence of a de facto relationship, the Department of Home Affairs considers various factors, including:
Financial Aspects: This involves assessing financial interdependence, such as joint ownership of assets, shared expenses, and financial support between partners.
Nature of the Household: The department looks at the living arrangements, household duties, and contributions to maintaining the household.
Social Aspects: Social aspects include how the couple presents themselves publicly, their involvement in each other's social circles, and their reputation as a couple in the community.
Commitment to Each Other: The nature and depth of the commitment between the individuals are evaluated, including emotional support, future plans, and the duration of the relationship.
Duration Requirement
In most cases, individuals must have been in a de facto relationship for at least 12 months to be eligible for certain partner visas. However, there are exceptions to this requirement, such as registering the relationship instead of fulfilling the 12-month cohabitation criterion. It's crucial to seek advice from immigration professionals to explore the best options based on individual circumstances.
In summary, understanding the criteria for a de facto relationship is essential for individuals seeking partner visas in Australia. By meeting the legal requirements and providing compelling evidence of their relationship, couples can navigate the visa application process successfully and embark on their journey together in Australia.
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