DE FACTO VISA – Questions and Answers:

What is a De Facto Visa Australia?

A De Facto visa Australia is a type of Australian Partner visa or Relationship visa Australia. De Facto means “of fact” or “in practice”, and it relates to couple that are in a genuine and continuing relationship,but that are not married. These can be different sex or same sex relationships. The Applicant for this visa can apply on the basis of being in the de facto relationship with their partner (the Sponsor), who is an Australian citizen or Permanent Resident. If the visa is granted then the holder will be able to live and work in Australia, and the visa process leads eventually to Permanent Residency and can also lead to Australian citizenship.

How much is a De Facto Visa Australia?

The Australian Government Department of Home Affairs has increased the base cost of the visa over the years, and the current Visa Application Charge is $7715. This fee must be paid in full at the time of lodgment of the application. If you want to add a dependent child there are added fees.

What is considered a De Facto Relationship in Australia?

According to Australian Migration law, to be considered a de facto relationship,the couple must be able to meet the following criteria:They are both at least 18 years of age.

  • They are both at least 18 years of age
  • They are not married to each other
  • They have a mutual commitment to a shared life to the exclusion of all others
  • They are in a genuine and continuing relationship
  • They live together or do not live separately and apart on a permanent basis
  • They cannot be related by family

How do I get a Partner Visa for Australia?

To obtain an Australian De Facto Partner visa Australia you first want to make sure that you meet all of the eligibility criteria, including those mentioned in this article. If you do think you are eligible then you would look to prepare your application, gather your supporting documents and then submit your application. Once all of this is done there is a waiting period which can vary greatly depending on many factors like whether you submitted a complete or incomplete application. You will also need to have a Visa Medical Examination, and deal with any Requests for More Information that the Department of Home Affairs (DOHA) send you.

Can I stay in Australia while waiting for my Visa?

If you are in Australia and are allowed at law to submit a Relationship visa Australia, including a De Facto visa application, then you will be allowed to remain in Australia while the Australian Government processes your application. You will be placed on a Bridging visa that will allow you to remain in Australia as long as it takes to finalise your application.

Can I work in Australia while waiting for my Visa?

If you are legally able to apply for a De Facto visa in Australia then, yes, you will be allowed to work in Australia while you are waiting for your application to process. Your Bridging visa will have full work rights attached to it.

How long does a De Facto Visa take to process?

As mentioned above, the time it takes for a De Facto Partner visa Australia application to process can vary greatly. Generally speaking, it make take somewhere between 1 to 2 years for a De Facto visa application to reach finalisation. The time it takes an application to process can depend on: whether your application is complete or not, whether any complex or unusual issues exist and have to be dealt with, whether or not your application is borderline or not, how many applications are in front of you in the queue, etc…

How Australian Visa Advice (AVA) Can Help:

Preparing a De Facto visa application can be very complex.Our team at Australian Visa Advice (AVA) can guide you through every step of the De Facto Visa application – from documents to requirements, and all the other essential details. It is the law in Australia that all Migration Agents based in Australia must be registered. This is why it is so important to deal only with Registered Agents. At AVA all of our Migration Agents are registered. Feel free to contact us today! Book a consultation with us regarding your Visa Application for a stress free experience!

Written by Luke Gorham ©2019
Registered Migration Agent
Australian Visa Advice

Email AVA

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