Offshore Spouse Visa/De Facto Visa
The relationship can be with someone of the same sex. The applicant might still be eligible for the visa if the relationship breaks down or sponsor dies. Please contact us if you have suffered with a domestic vioence by your sponsor or any other matters that make you can’t keep the relationship.
Spouse Visa Application Lodged
- Offshore Spouse Visa Application (Subclass 309 & Subclass 100): the applicant applies for Partner (Migrant) (Class BC) & Partner (Provisional) (Class UF) concurrently
- Onshore Spouse Visa Application (Subclass 820 & subclass 801): the applicant applies for Partner (Residence) (Class BS) & Partner (Temporary) (Class UK) concurrently
Partner/Spouse Requirements Under the Act and Regulation
Under the Act and Regulation, the relationship has to prove that the couple have:
(a) a mutual commitment to a shared life to the exclusion of all others; and
(b) the relationship is genuine and continuing; and
(c) they: live together or do not live separately and apart on a permanent basis.
The relationship must be able to prove, cumulatively, that the couple comply with the following four factors in the relationship: The 4 Factors that have to be met are:
- Joint financial aspects of the relationship
- Joint nature of the household arrangement
- The social aspects of the relationship
- The nature of the couple’s commitment to one another
De Facto Spousal Relationship
- The relationship must be of at least 12 months old; or
- The relationship is registered in one of following jurisdictions:
- New South Wales
- Australian Capital Territory
For couples who are in a defacto relationship, if there are “compelling and compassionate circumstances for the grant of the visa” the length of the relationship has NOT to be at least of 12 months duration.
Have a Long Term Relationship?
If the case officer satisfies that there is a long term relationship, the case officer might immediately grant the second Permanent Partner visa (ie. subclass 100 or 801). A long term relationship means either the applicant has a relationship with the sponsor at least 3 years or two years or more where the couple have a dependent child from the relationship.
Free Case Appraisal
Have a Visa enquiry? Let us know. Leave us your details and we’ll call you back as soon as possible.
0403 118 515
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