Why there are so many Partner Visa misunderstandings?
Putting together a Partner Visa wouldn’t be fun without all the confusing information out there, right?
There’s just so much information out there when it comes to Partner Visas, but it makes me wonder whether that’s now part of the problem. Why? Because there’s so much that’s misunderstood when it comes to Partner Visas and the requirements.
In this blog, I’ll go through four of the biggest Partner Visa misunderstandings I speak with couples about every week.
The 12 month de facto rule and cohabitation
This one seems to get around a lot! Lots of people seem to think, and even provide advice, that the 12 month de facto rule means cohabitating with your partner for 12 months. In simple words, to lodge your Partner Visa, you and your partner need to have been living for 12 months.
This assumption is wrong. One of the requirements to lodge a Partner Visa if you’re applying on de facto grounds is that you and you and your partner need to in a de facto relationship for 12 months before you lodge your Partner Visa (some exceptions apply), but this doesn’t mean you need to have been continuously living with your partner for those 12 months.
So next time you hear about the ‘12 month rule’, it’s referring to the length of your de facto relationship, not 12 months of cohabitation.
It’s also important to note there is a big difference between a relationship and de facto relationship. I’ve spoken about this in other blogs before, but for the purposes of a Partner Visa, you must either be in a de-facto relationship or spousal relationship.
For example, you and your partner may have been dating for 3 years but only started living together 8 months ago and that’s when you also opened up joint accounts and started sharing finances. Arguably, your de facto relationship started 8 months ago, not 3 years ago.
Same sex couples are treated differently
Unfortunately, I still see a lot of misunderstanding around the requirements of Partner Visas and same sex couples. From the questions that are posted in various online forums, I sense more worry and concern from couples who are about to start their Partner Visa journey and think there is a different set of rules that apply to them.
The reality is that same sex and heterosexual couples are assessed against the exact same criteria and framework.
Some same sex couples may face circumstances that affect the type of evidence available. For example, cultural pressures, family acceptance issues, or periods where the relationship was kept private can sometimes influence how social evidence is presented, but this doesn’t mean the Department applies different rules. It just means that some additional work may need to be done around your case, and maybe some additional professional support.
These circumstances don’t just apply to same sex couples though. I’ve seen other cases where social evidence was limited because of cultural or religious reasons which meant more work was required to provide context and explain the couple’s circumstances.
Having a clear evidence strategy can make a significant difference. Our evidence planning sessions are designed to help couples identify strengths, address gaps, and understand exactly what evidence they should be focusing on.
Having a relationship certificate solves all your problems
I would say that 80% of couples I speak to now have either registered a relationship certificate, or have heard of registering a relationship certificate.
This number has definitely gone up over the years, and my theory is because people are being told that a relationship certificate will get them a Partner Visa.
This isn’t to say that relationship certificates are useless. They are incredibly useful when they are required. For example, in cases where a couple needs to lodge a Partner Visa but is short of meeting the 12 month de facto rule. But it doesn’t waive any other requirement when it comes to your application, nor does it safe-guard your application if the evidence across the four pillars of your relationship is weak or missing.
A relationship certificate can be another piece of evidence you include as part of your application, but it should never be your only piece of evidence.
What evidence you actually need
Have you seen people on different forums jot down a list of evidence they are using and ask if it’s enough? This is possibly the fastest way to cause confusion, get the wrong information and potentially waste your visa application fee.
If you’re not familiar with the four pillars of relationship, I highly recommend giving my previous blog a read. When the Department looks at your application, they assess whether you meet the requirements of a Partner Visa by looking at the four different pillars of relationship.
You are expected to provide evidence across all four pillars. And not just one of two pieces of documents under each category. It should be a comprehensive and balanced application. People will either double down on one category – for example, the social aspects and provide hundreds of photographs thinking they’re doing the right thing. But will then only provide a joint bank account statement for the financial aspects.
What’s next?
There’s so much confusion out there with what evidence you need, how much of it you actually need and how to put it all together.
If you’re preparing your application but unsure whether your evidence is strong enough, a Partner Visa review & evidence planning session can help identify weaknesses before you lodge, giving you confidence that your application is in the strongest shape possible before you submit.
IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.
