Partner visa – Marriage or De Facto?

If you and your Thai, Filipina, Vietnamese, or other girlfriend or partner are discussing Australian visa options for her we strongly suggest that you talk about it with a Migration Agent like us at Australian Visa Advice (AVA). At some point you may probably consider a Partner visa. Depending on your relationship situation you might decide to go for a Partner visa by marriage or a Partner visa by de facto. In this article I will discuss the key differences between the two.

As you would expect, the Partner visa by marriage requires that you and your partner be married. This marriage needs to be a legal marriage as defined under the Migration Act and Regulations. Therefore it cannot be simply a traditional marriage if that marriage is not registered in the government office that deals with marriages in that country. You and you partner can get married in Australia or in another country so long as the requirements of a legally recognized marriage are met.

There are some exceptions, such as underage or polygamous marriages, which, while they may be accepted as legally binding marriages in some countries, are not accepted in Australia. Same sex marriage is now legal in Australia and accepted in a Partner visa application.

Of course, not all couples want to get married for one reason or another. If this is the case you might want to look at the Partner visa by de facto. In contrast to the Partner visa by marriage, the Partner visa by de facto requires that the couple be in a de facto relationship as recognised by the Migration Act and Regulations. There are strict rules as to what defines a de facto relationship in this context. For example: the couple cannot be in a married relationship, they are not related by family, they both must be aged at least 18 years at the time the application is made, they have a mutual commitment to a shared life to the exclusion of all others, the relationship between them is genuine and continuing, they live together or do not live separately and apart on a permanent basis, and they have been in a de facto relationship for a minimum of 1 year – although there are exceptions to this.

Some relationships may not qualify as de facto under the rules and if this is the case you and your partner might want to consider the Partner visa by Marriage option.

Therefore, in conclusion you and your partner should discuss your relationship situation with your Migration Agent to see whether you qualify for either or both of the Partner visa options. If you do qualify for both, you should consider what option best suits you situation and your needs.  

Contact us at Australian Visa Advice(AVA) today.

Written by Luke Gorham ©2020
Registered Migration Agent
Australian Visa Advice
ETA Visa Australia Express




How Australian Visa Advice (AVA) can help

Preparing a Marriage or De Facto visa application can be very complex. Our team at Australian Visa Advice (AVA) can guide you through every step of the Marriage or De Facto application – from documents to requirements, and all the other essential details. We have an incredibly high success rate and many of our applications are granted in under the normal processing times. 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!

How long does a De Facto Visa take to process?

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…

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