De Facto Australia Visa

by mark on January 11, 2010

De Facto Australia Visa

The subject of Australian visas is often clouded in mystery and confusion for many people and one area which can be difficult to understand without breaking down the elements is the De Facto Australia Visa. The De Facto Australia Visa is applicable to those in a de-facto unmarried relationship with an Australian resident, Australian citizen on eligible New Zealand citizen. However, there are a number of factors which need to be addressed and considered before going down this route.

Background to the De Facto Australia Visa

There have been great changes in the social make-up of many countries around the world and Australia is no different with divorce on the increase and unmarried couples living together more and more. Indeed many unmarried couples may have children, acquired their own family home but until now when moving to Australia there have been problems with visas, etc.

The authorities have been well aware of an increase in fraudulent relationships and fraudulent marriages simply to obtain visas to places such as Australia, the UK, etc. Therefore there are now various regulations and guidelines in place to ensure that De Facto Australia Visas are allocated to those in a de facto relationship, allowing the authorities to root out and make life as difficult as possible for those looking to obtain an Australian visa under fraudulent terms.

Duration of the De Facto Australia Visa

Upon deciding to relocate to Australia the unmarried partner of an Australian citizen, Australian resident or eligible New Zealand citizen will need to apply for a De Facto Australia Visa. These visas generally last for two years after which time the recipient should be able to apply for a permanent residency and effectively put down their roots – assuming there are no problems and issues with the relationship.

The terms of the relationship

In order to apply for a De Facto Australia Visa a number of conditions must be met which include:-

The applicant must be in a “genuine, continuous de facto relationship” with the sponsoring partner and this relationship must be at least 12 months in length.

The relationship with the sponsor must be exclusive and genuine.

The two parties must be able to prove they have lived together/are living together, although they may have to live separately on a temporary basis while the application for a De Facto Australia Visa is considered.

The applicant must be able to produce evidence that the relationship has been ongoing for 12 months, is genuine and not a short-term arrangement.

Additional information required

Aside from the fact that the applicant must be able to prove they have been in a genuine relationship for more than 12 months the applicant must also:-

Undergo a medical examination, which will include a chest x-ray, by a doctor chosen from a panel put together by the Austrian authorities.

The applicant must also be able to provide certificated proof that they have no criminal record in any country in which they have stayed for more than 12 months, over the last 10 years.

There may well be other evidence and paperwork required to complete an application for a De Facto Australia Visa but the above will give you an idea of what to expect and how the application will proceed.

Applying for a De Facto Australia Visa

Once all of the relevant paperwork and certificates are in place the application process for a De Facto Australia Visa will normally take between three months and six months although if there are issues or problems this timescale could be extended. The authorities will not approve a De Facto Australia Visa if there are suspicious circumstances, a lack of evidence or there are mitigating circumstances so it is vital that you have your relevant paperwork in place and in order.

Applying for permanent residency after your De Facto Australia Visa

The two-year timespan between receiving approval of a De Facto Australia Visa and the option to apply for permanent residency in Australia gives the authorities enough time to ensure that the relationship is genuine and there are no suspicious circumstances. Even though the Austrian authorities have administered a relatively “open door” immigration policy over the last few years they have in the main been trying to attract more and more skilled workers and others who will be able to support themselves and their families rather than “live off the state”.

The prospects for Australia

The Austrian economy has grown significantly over the last decade and Australia is now seen as one of the more proactive economies with the potential for substantial growth in the short term, medium-term and longer term. As a consequence the country is attracting more and more interest from expats looking to relocate and the De Facto Australia Visa is an entry choice which is becoming more popular.

However, the authorities are determined to root out potentially fraudulent visa applications and various regulations and guidelines have been introduced and amended over the years. The De Facto Australia Visa is one which has in the past been difficult to prove but with a detailed list of paperwork required and evidence necessary to back up an application, all applicants are now fully aware of their obligations and requirements.

Conclusion

We have seen a massive increase in fraudulent visa applications around the world and with the De Facto Australia Visa often difficult to prove without evidence, the authorities have clamped down on this particular option. However, those who have the necessary documentation and evidence to support their claim should in the main have no issues and see their application processed relatively quickly with the average application taking between three months and six months.

Assuming there are no problems during the two-year duration of the De Facto Australia Visa the vast majority of visa holders will then be able to apply for permanent residency in Australia. As the trend towards unmarried couples continues it seems certain that the De Facto Australia Visa will become more and more popular in the future and the Austrian authorities will have their work cut out to ensure all applicants are genuine and bone fide. If you are in a genuine de facto relationship with an Australian citizen, Australian resident or an eligible New Zealand citizen and have the relevant paperwork to back up your situation then there should be very few obstacles in your way.

Related posts:

  1. Moving to Australia – Paperwork, Paperwork and More Paperwork
  2. Visa Granted – Happiness, Success
  3. Immigration to Australia
  4. Australian Visas
  5. Immigration to Australia

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{ 2 comments… read them below or add one }

Gary January 31, 2010 at 12:33 am

I live with my boy friend in China for 6 months and australia 7 months, we have joined account while in Australia not in China though, will this make a difference?

Jenn February 21, 2010 at 10:55 am

Hi Gary,

This might help -
http://www.immi.gov.au/migrants/partners/partner/309-100/eligibility-defacto.htm

I think if you can prove 12 months, it should be fine. Specially if you had the joint account first in Australia. Not sure you can even do that in China.

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