Australian De Facto Partner Visa Applications - Is this the End of the 12-month Rule?

FOR IMMEDIATE RELEASE
(Free-Press-Release.com) April 7, 2011 -- It has been the case in Australian migration law that a person married to an Australian citizen permanent resident or eligible New Zealand Citizens has been able to apply for an Australian partner visa the very day that they are married : subclass 820 / 801 in Australia, subclass 309 /100 outside of Australia.

People living in de facto partnerships with an Australian partner now have similar rights whether the relationship is of opposite sex or same sex partners.

Historically it was fixed in law that for de facto partners to apply, they had to have been living together for a minimum of 12 months before the date of their visa application to be considered ‘de facto’ partners under Australian migration law. ‘Interdependent’ partners also, or same sex partners, also had to satisfy the 12-month living together rule. This term is no longer used by the Department of Immigration & Citizenship and same sex partnerships are now termed de facto also.

The policy behind this change is that same sex partners cannot enter into a legally recognized marriage under Australian law and therefore, the 12-month rule discriminated against them by creating an exclusion period which they could not avoid.

However, de facto partners can now register their relationship under state law and this registration then set asides the obligation to have been living together for a minimum of 12-moths to be considered de facto partners under Australian migration law.

‘Visa applicants for a Australian de factor partner visas, whether it is the subclass 820 / 801 onshore pathway or subclass 309 / 100 offshore pathway should be aware that while registering the relationship does get you around the 12-month rule, it does not guarantee you a positive outcome to your Australian de facto or partner visa’, points out Stewart Coulson, Solicitor and Director at Turner Coulson Immigration Lawyers.

‘Bogus’ partner visa applications are not uncommon and the Australian Department of Immigration & Citizenship will still test your relationship against the prescribed criteria for ‘genuineness’ stringently so your application must be well prepared and supported with strong evidence establishing the nature of the relationship, the length of the relationship and your commitment to each other as de facto partners. The longer your relationship has been going the easier it may be to establish its genuineness, the shorter time frame the relationship has existed, arguably more difficult although this is not to say a visa application for a de facto relationship of even only one day could not be successful.’

For a discussion on how to register your Australian de facto relationship and to prepare your Australian de facto partner or spouse visa feel free to contact either Ray Turner or Stewart Coulson +61 (0)2 9264 4654 or emailing us at info@tcilawyers.com.au or visit http://www.tcilawyers.com.au.

australian de facto partners     australian immigration law     Australian immigration visas