Making the decision to apply for an Australian partner visa is an exciting time for a couple, however it can often feel like a frustrating waiting game. Compared to many other Australian visas, the rules surrounding partner visas can seem bewilderingly complex and strict. Many people are together less than 12 months when they make the decision to lodge a partner visa application, and don’t want to wait out the 12 month minimum required period to begin the long process of obtaining this visa. Here at Results Migration we often asked if it is possible to lodge a partner visa application when a couple have been together less than 12 months. While the answer isn’t entirely straightforward, there is good news for these couples.
I haven’t been with my partner for 12 months – can I still lodge a partner visa application?
The answer is yes – however, although you are able to lodge the application on the basis of your de facto relationship, you will fail to satisfy the basic requirement of showing proof of being in the relationship for a minimum of 12 months. If you lodge the application without this evidence, you will most likely be rejected and face the risk of wasting a significant amount of money.
The criteria requiring you and your partner to be in the relationship for a minimum of 12 months is something that you need to show evidence of at the time of application. This means that in the period between when you apply and when the application is processing, you cannot use this to ‘make up’ the extra time.
Are there any exceptions to this 12 month requirement?
Although it might seem as though couples will have to wait out the 12 months before lodging their application, there are some exceptions which may allow a couple to bypass this requirement:
- You register your de facto relationship under a law of a state or territory prescribed in the Acts Interpretation (Registered Relationships) Regulations 2008 as a kind of relationship prescribed in those regulations. Currently only the ACT, Queensland, Tasmania, South Australia and Victoria have laws in place allowing a relationship to be registered in accordance with the above mentioned Regulations.
- If you can show compelling and compassionate circumstances for the grant of the visa. This could include situations where there is a dependent child of the relationship.
- If your partner is, or was the holder of a permanent humanitarian visa and, before that visa was granted, was in a de facto relationship with you that was declared to the Department at the time.
- Your partner is an applicant for a permanent humanitarian visa.
The easiest way to bypass the one-year requirement is the first option, applying to register the relationship. In Queensland, adult couples of any sex can register their relationship without having a civil partnership declaration ceremony. Both people must be 18 or older and at least one partner must live in Queensland. Additionally, if one or both partners have previously been married or in a civil partnership (formerly called registered relationship), then documents evidencing the end of this relationship, such as divorce documents, will need to be supplied. The relationship will be subject to a 10 day cooling-off period after application, and after such time has passed the relationship will be registered.
Even when the relationship is registered and a certificate has been obtained, this is still only one part of the process. You will still need to show evidence of your genuine and continuing relationship with one another, otherwise the application is still at risk of being refused.
At the end of the day, unless you feel as though you and your partner can fully satisfy one of the above exceptions, it will always be best to wait until you have been in the relationship for 12-months before lodging the partner visa application.
Before spending the time and money lodging the application, ensure you know exactly when your relationship started as a de facto relationship. If your relationship has been on more of a casual basis or there was a period at the beginning where you were ‘dating’, it will be difficult to prove to the Department that you were in fact in a de facto relationship from that point. You need to provide solid and persuasive evidence that your relationship is one where you are committed to each other for the long term and not simply engaging in a casual arrangement.
Questions about Partner visas, relationship evidence or relationship timing?
For couples applying for partner visas, the application process is far from straightforward and circumstances differ significantly for each couple. Results Migration can assist you in navigating the Australian partner visa application process and avoid wasting your time and money. Our experienced migration lawyers are experts in the field and can guide you through the process from start to finish and put your mind at ease.
If you have any questions or want to discuss your options for an Australian partner visa, call Results Migration on 1800 808 717 to book in your free consultation today!
