Australia offers various visas for individuals wishing to live and work in the country. One such visa is the De Facto Partner Visa, which allows partners of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia. This article provides a detailed overview of the De Facto Partner Visa, including its purpose, eligibility requirements, application process, and benefits.
What is a De Facto Partner Visa In Australia
The De Facto Partner Visa is designed for individuals who are in a committed, long-term relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. This visa allows the partner to live, work, and study in Australia. It is an option for those who are not married but have a genuine and continuing relationship with their Australian partner.
The De Facto Partner Visa is available in two main subclasses:
Subclass 820 (Temporary): This visa allows you to stay in Australia while your permanent visa application is being processed.
Subclass 801 (Permanent): This visa grants permanent residency once you have held the Subclass 820 visa for a specified period and demonstrated that your relationship remains genuine.
Eligibility Requirements
To be eligible for the De Facto Partner Visa, both the applicant and the sponsor must meet specific criteria:
Relationship Criteria
Genuine and Continuing Relationship: You must prove that you are in a genuine, committed, and long-term relationship. This includes demonstrating that your relationship is ongoing and has been for at least 12 months prior to applying.
Living Together: You must be living together in a domestic relationship. If you are not currently living together, you should provide evidence of plans to live together soon.
Commitment: Your relationship must be mutual, with both partners showing commitment to a shared life.
Sponsorship Criteria
Australian Citizenship or Residency: The sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
Not a Sponsor for Another Partner: The sponsor cannot be the current or previous sponsor of another partner visa application.
Health and Character Requirements
Health Check: You must undergo a medical examination to ensure you meet Australia’s health requirements.
Character Check: You must provide police clearance certificates from all countries where you have lived for more than 12 months in the past 10 years. This is to ensure you meet the character requirements.
Application Process
Applying for a De Facto Partner Visa involves several steps. Here’s a step-by-step guide:
1. Gather Required Documents
Before applying, gather all necessary documents. These typically include:
Proof of Identity: Passports, birth certificates, and other identification documents.
Evidence of Relationship: Documents such as joint bank accounts, shared leases, photographs, and statements from friends and family.
Health Records: Results from medical examinations.
Character Documents: Police clearance certificates.
2. Apply Online or on Paper
You can apply for the De Facto Partner Visa online through the Australian Department of Home Affairs website or by submitting a paper application. Online applications are generally faster and more convenient.
3. Pay the Application Fee
There is a fee for applying for the De Facto Partner Visa. The fee varies depending on the subclass and other factors. Ensure you pay the fee at the time of application submission.
4. Submit the Application
Submit your completed application along with all required documents. If applying online, you will need to create an ImmiAccount on the Department of Home Affairs website. For paper applications, you can submit them at an Australian visa office.
5. Attend an Interview (if required)
In some cases, you may be asked to attend an interview. This interview helps immigration officials assess the genuineness of your relationship.
6. Wait for a Decision
After submitting your application, there is a waiting period while the Department of Home Affairs reviews your case. Processing times can vary based on individual circumstances and the complexity of the case.
7. Receive Your Visa
If your application is successful, you will be granted the De Facto Partner Visa. The Subclass 820 visa allows you to stay in Australia while your Subclass 801 application is processed. Once you meet the requirements for the Subclass 801 visa, you will be granted permanent residency.
See also: What is an Australian Visa 600
Benefits of the De Facto Partner Visa
The De Facto Partner Visa offers several benefits to those granted this status:
Temporary and Permanent Residency
Visa holders can live in Australia temporarily with the Subclass 820 visa. After meeting the requirements, they can transition to permanent residency with the Subclass 801 visa.
Work and Study Rights
Visa holders have the right to work and study in Australia. This provides the opportunity to build a life in Australia, including pursuing education and career goals.
Access to Services
Visa holders can access various services available to Australian residents. This includes healthcare, education, and social services.
Pathway to Citizenship
Permanent residents on the Subclass 801 visa may apply for Australian citizenship after meeting the residency requirements. This grants additional rights and privileges.
Family Reunion
Visa holders can sponsor their family members to join them in Australia. This helps reunite families and provide support to loved ones.
Challenges and Considerations
While the De Facto Partner Visa provides significant benefits, there are challenges that applicants may face:
Complex Documentation
The application process can be complex and requires substantial documentation to prove the genuineness of the relationship. Gathering and presenting evidence can be time-consuming.
Emotional Impact
The process of applying for a visa can be stressful for couples. Adjusting to life in a new country, while dealing with the visa process, can impact mental well-being.
Integration into Australian Society
New immigrants may face challenges integrating into Australian society. This includes understanding Australian culture, accessing services, and finding employment.
Conclusion
The De Facto Partner Visa is an important pathway for individuals in committed relationships with Australian citizens, permanent residents, or eligible New Zealand citizens. It provides an opportunity to live, work, and study in Australia while allowing for the possibility of permanent residency and citizenship. By understanding the eligibility requirements, application process, and benefits, prospective applicants can better navigate the path to securing this visa. Despite the challenges, the De Facto Partner Visa represents a significant opportunity for a fulfilling life together in Australia.
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