Evidencing Your Relationship – Spouse or De-facto Partner Visa

 

Applying for an Australian spouse or de-facto visa, through either the onshore 820/801 visa or offshore 309/100 visa? One common question that we receive is in relation to the evidence that you need to provide.

There is quite a bit of information available on the internet in relation to what type of evidence that you should be submitting with your application. The Department’s website and booklet provide good some guidance.

Not all forms of evidence are born equal. Your case officer will place more weight on some forms of evidence relative to others. In this post, we will outline relative strength of different forms of evidence. Now please note that this information doesn’t come from any official source. The below advice is very much my own opinion and is based on my own experience.

Strong evidence

Documents that show joint assets, liabilities, undertakings, bequests etc. Examples include:

  1. Joint bank accounts
  2. Jointly owned assets such as real estate
  3. Joint liabilities such as mortgages
  4. Any joint undertakings such as a joint lease
  5. Naming each other as beneficiaries under your respective wills or insurance policies

This type of evidence is strong because it can be relevant to multiple factors which your case officer needs to consider. These documents usually state both your name and your sponsoring partner’s name, your address and a date. Consequently, these documents can evidence your co-habitation as well as the duration of your relationship.

More importantly, it also evidences a particular form of commitment that you and your partner have made together, such as jointly incurring a loan or mortgage, or ensuring that your assets are left to each other under your wills.

Your case officer is required to consider the nature of your commitment to each other. And you will see from Regulation 1.09A that to properly address and evidence this consideration, you are expected to provide documents that demonstrate various forms of joint commitments that you have made.

Furthermore, the very definition of a de-facto relationship confirms that you and your partner need to have a ‘mutual commitment to a shared life (to the exclusion of all others)’. This definition clearly implies that de-facto partners are expected to share various aspects of their lives with each other, including finances, liabilities, assets and contractual obligations.

Child or children from the relationship

Demonstrating that you and your partner are jointly responsibility for the care and support of your child or children will likely be seen as strong evidence of your relationship. Ideally, your child or children should be under the legal custody of yourself and your partner. However, even if the child or children is under the legal custody of just your or your partner, joint care and responsibility for the child or children can still used as evidence of your relationship.

Relevant evidence can include (although you may need to submit this evidence as part of the application anyway, particularly if the child or children are actually included as dependent applicants):

  • Full unabridged birth certificates
  • Evidence of school attendance such as bills, report cards etc.
  • Evidence of the child’s or children’s cost of living, such as receipt for clothing, membership with sporting club etc.

Good evidence

Documents generated by third parties that are addressed to you and your partner (these documents can be addressed to one of you only, although documents that are addressed to both you and your partner are stronger in terms of evidencing your relationship). Examples include:

  1. Bank statements
  2. Bills, invoices, receipts etc.
  3. Letters, invitations
  4. Flight tickets or receipts evidencing your joint holidays or travels

These documents show that you and your partner live together,and also evidence how long you have been living together. In my view, there is a difference between documents that are addressed to you both, and documents that are only addressed to one of you. Again, the relevant consideration is whether your documents demonstrate that you are committed to each other, and that you have a shared life.

I have seen case officers take the view that just providing documents that are addressed to you or your partner only is not sufficient. Their reasoning is that there isn’t enough evidence of your ‘shared life’. So you should really look at everything that you ‘share’ and determine whether you can evidence this (and preferably at the same time, also evidence your co-habitation).

Do you have your membership at the same gym? Do you attend the same church? Do you share any other hobbies, classes or activities? If these bodies or companies send you correspondence, ask whether they can send you documents in your joint names. Of course, some of these bodies and companies will be a lot more accommodating then others, but it never hurts to ask.

I have also included third party evidence of your travel under this category. Showing consistent travel, vacations and activities together is good evidence of your shared life.

Decent (but absolutely necessary) forms of evidence

This category is evidence that you or your partner can directly generate. Examples include:

  1. Photos
  2. Emails/letters to each other
  3. Social media interaction with each other
  4. Records of telephone conversations

Yes – this evidence is absolutely necessary. However, most couples will be able to provide ample amounts of this type of evidence. It is critical that you provide this type of evidence as it adds context, colour and life to your application. These documents also demonstrate several factors which your case officer is required to take into consideration such as the ‘social aspect of your relationship’. But since this type of evidence is self generated, if you submit nothing but documents in this category, it is difficult for your case officer to confidently conclude that your relationship satisfies the the legal definition of a de-facto relationship.

The real problem cases are those where only this type of evidence is provided. If you can only provide this type of evidence to demonstrate your relationship, then there is certainly a higher risk that your application may be refused. The risk of refusal is particularly high if you cannot provide any evidence in relation to the shared aspects of your lives, such as the financial commitments and obligations that you have together.

Planning your evidence

Now that you have an idea of what type of evidence that you are expected to provide, and the relative strength of the different types of evidence, I hope that this will assist you and your partner with planning out your application before you prepare and lodge it. It is a lot easier to prepare a properly evidenced application if you start to plan your application from the moment that you decide that you want to apply for a partner or spouse visa (i.e. give yourself as much time as possible to gather relevant and quality evidence).

If you are lacking strong forms of evidence, then you may want to consider the option of opening a joint bank account. You can also contact your household utility providers and see if you can change your accounts to joint accounts. You can apply the same principle to your insurance policy, gym membership etc. Sure, this may be a hassle, but showing this level of commitment and the sharing of various aspects of your life will really make it easier for your case officer to conclude that you are in fact in a de-facto relationship.

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400 thoughts on “Evidencing Your Relationship – Spouse or De-facto Partner Visa

  1. Meecoh

    Hi again Peng and thanks for your prompt reply. I wish I placed ny name there. Is there any way we could check if in his application I was declared? Thank you. What a sad news it is.

    Reply
  2. Meecoh

    Hi! I’m not sure if I was declared by my de facto partner in the initialstudent visa application. I was the one who signed it adm we were busy that time so I didnt mind. Now, I learned that if I wasnt declared I will not be allowed to apply as a dependant. I’m pretty sure I declared myself there, but then again, I have no way of checking it again since I did not make a duplicate. My worry is that my name wasnt in the visa grant. will a dependant’s name be included in the visa grant if they were declared but not included in the initial application? I mean, they ticked ‘not included in this application’? perhaps thats my case? Thank you.

    Reply
    1. Peng Cheng Post author

      Hi Meecoh,
      The Department can’t grant a visa to someone that was not included in the visa application.
      PC

      Reply
  3. Daria

    Hi Peng, do immigration still allow a person to apply directly for the permanent partner visa if the couple have been in a relationship for 3 years and have been de facto for 2 years? If they do, how does it work?
    Thanks, Daria.

    Reply
  4. Jerry

    Hi buddy I have been married but seperated from my ex wife for a year but do not have divorced certificate I am an Indian citizen and Canadian permanent resident and currently in Australia on a tourist visa and been living with my girl friend now around 6 months and now she is pragnent . Can I still apply for de facto visa
    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Jerry,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  5. Kaz

    Hi Peng,

    My Partner (Australian citizen) and I are in a relationship of only a few months. I am travelling over in July and September again to see her. I have a years tourist visa which runs out next May 2017. All being well by the start of next year I will sell up and want to move over to be with her. I will have a pension fund to get me/us through the 2 year period (Im 51 years old at the moment) What is the best way forward initially. To come over to stay in the new year and re-apply for a new visa at the end of May or re-apply before I come over for a tourist one year visa again and live with her to get the 12 months relationship? We can also go to Victoria and register our relationship in that time too. I am just confused as to best way forward initially as need to live together to put in for the defacto partner visa and obviously during the first year don’t want to fall fowl of the authorities.

    thanks for any guidance/information
    Kaz

    Reply
    1. Peng Cheng Post author

      Hi Kaz,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  6. Aileen R Nangkil

    Hi Peng,

    My husband and I got married about 4 months ago. Before that, we have been in a relationship for 5 years already. We lodged our 190 visa application last March 14. We attached only our marriage certificate as part of our proof of relationship. Last week, our case officer asked us for more proof of relationship. What other evidence should be necessary for our case?

    Thank you.

    Regards,
    Aileen

    Reply
    1. Peng Cheng Post author

      Hi Aileen,
      Please see above post which outlines some suggestions for evidencing a relationship.
      PC

      Reply
  7. Melissa

    Hi,
    I am and Australian citizen and my boyfriend and I have been together for a year now. He got a 457 visa and officially moved in with me and my family 7 months ago. We don’t have any joint accounts but all his bills and his car is registered to my family home. We have emails, messages, skype calls, invitations and pictures. We are 100% committed to each other and we can get statements from anyone who knows us. Would this be enough or do we need those joint accounts?

    Reply
    1. Peng Cheng Post author

      Hi Melissa,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your partner’s visa options.
      PC

      Reply
  8. Jaspreet

    Hi,

    I’ve got my vetassess assessment result on Nov’14 and IELTS result on Mar’15, pls. let me know till what time these are valid. thanks.

    Reply
  9. Evan MacCallum

    Hi there,

    My partner and I have experienced difficulty applying for a Victorian registered relationship and the time to apply for the 820 visa is near. Is this something we can add to our application post submission? can we add the receipt for it in the initial application? How much does it hurt us if we don’t have the registered de facto relationship before we apply?

    Any and all thoughts greatly appreciated.

    Regards,
    Evan

    Reply
    1. Peng Cheng Post author

      Hi Evan,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  10. Pei Yi

    Hi Peng,

    Our only concern is that me and my partner will struggle to prove the 12 months continuous living arrangement – we have only recently opened a joint bank account under the same address and moved my registered address to the property we are living in.

    Of course we are very keen to proceed with the application however if the above would be a major issue then there wouldn’t be much point lodging until we have fulfilled living together for 12 months?

    Any input or thoughts you can provide would be greatly appreciated.

    Reply
    1. Peng Cheng Post author

      Hi Pei Yi,
      You need to satisfy the requirements of either a spouse or de-facto relationship at the time that you lodge the application – you can’t rely on satisfying these requirements after lodgement.
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  11. marisa

    Hi Peng,
    Thank you for this useful page,
    What should the letter from the employer state when applying for a 457 de facto visa?
    What is the turnaround time from once this is lodged as i am doing this myself not through any immigration agent?

    Kind regads,
    Marisa

    Reply
    1. Peng Cheng Post author

      Hi Marisa,
      Department’s processing time is around 4-8 weeks.
      Employer’s letter needs to confirm their support for the application.
      PC

      Reply
      1. marisa

        HI Peng,

        What is the name of the visa that im applying for if doing de facto on my partners 457 visa? I have gone through the form 47SP but im not sure this is the correct form? And where to i pay for this?

        thanks

        Reply
  12. Yeka

    Hi Peng,

    My boyfriend of 4yrs and I are getting married on July. He is overseas and I want to bring him here. I am on a 457 visa but I am currently waiting for my Letter of determination from ANMAC so I can apply for PR since I have enough points. We dont have a joint bank acct and have never lived together. Which is advisable, add him to my current visa or just wait till I can apply for PR and include him in? Which process is faster? Do we still need to prove our relationship even if we are married? Thank you so much.

    Reply
    1. Peng Cheng Post author

      Hi Yeka,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your partner’s visa options.
      PC

      Reply
  13. kala

    hi peng,
    i applied for partner visa 309/100 offshore and i was trying to track the application but unable to do it.
    when i put the details into immi account, it doesn’t show me anything but an error.
    what do you suggest me to do?
    thanks

    Reply
  14. cam

    Hi Peng,
    Me and my partner are currently aplying for a 572 student temporary visa. Being one of us the main aplicant.
    We are a commited and completly in love couple. We are in a civil partnership and a few weeks ago we asked for our certificate but until now we are waiting for it.
    Our question is, would this be enough for our visa aplication?. Meaning in relation to prove that we are a real couple comitted to each other and no other or should we include our joint bank account and photos too? .
    The application is already delayed due to the wait of our certificate and we wouldn’t like to complicate it asses by giving extra unessesary papers to the officer.

    Thank you in advance,
    Cam

    Reply
    1. Peng Cheng Post author

      Hi Cam,
      You need to provide the items requested by your case officer.
      Generally speaking, you need to provide supporting evidence to demonstrate your relationship (see above post) in addition to providing a relationship registration certificate.
      PC

      Reply
  15. Sunny Malhotra

    Hi,

    I applied for 189 visa along with my spouse. We were in relationship since we worked together in same office in year 2012. I applied as single for EOI on 12th Jan 2016 the same day i got my PTE result, and i was preparing to get married in India, but fortunately my invite came in 10 days on 22nd Jan 2016. I got married on 9th Feb 2016 and registered my marriage. I live with my parents in a property owned by my father.

    Now, visa officer has asked me for the evidence to prove my relationship, other than the marriage certificate which i already sent them.

    To prove the evidence, currently i have below documents:
    >>Joint bank account statement.
    >>Health Insurance (me and my wife) provided by my company where i work.
    >>Phone bills with call details.
    >>Travel tickets/Train tickets on her name sent to my email ID
    >>Hotel bills in my name where we stayed together
    >>Photographs of the places we visited together pre and post marriage
    >>Our email conversations
    >>Phone recharge receipts of last two years. I recharged her phone as she was not earning, but studying.
    >>Family function pictures
    >>Loan statement – Loan i taken from bank to pay my visa fees. Loan in my name only.
    >>Wedding bills, pictures, gold bills, invitation cards etc.

    I have talked to our common friend who know us since we were together in office and now she is PR in Australia.

    Please suggest, how we should proceed with evidencing our relationship.

    Thanks
    Sunny

    Reply
    1. Peng Cheng Post author

      Hi Sunny,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to the documents required for the application.
      PC

      Reply
  16. Ina KEO

    Hi,

    Me and my fiance we are in a relationship for 20 months now and we first meet trough social networking. Then he came to visited me at my country and I go to visited him at his country there he propose me for married at Opera House.

    My question is: I am working for Prospective Marriage Visa(Subclass300) and embassy officer they ask me about Evidence of Spouse Relationship. What should I do?

    Best Regard and Thanks,
    Ina

    Reply
    1. Peng Cheng Post author

      Hi Ina,
      Sorry but I will need to refer to you our Consultation Service if you need advice in relation to your visa options.
      Please see Contact Us page and information in relation to our Consultation Service.
      PC

      Reply
  17. Olga Ellison

    Hi Peng.

    My question is: what do people do if they cannot cohabit the entire 12 months together? The DIBP would not give my partner a tourist visa for any longer than 3 months (he is from the high risk country), I can travel there for 2-3 weeks every 2 months but I cannot leave my business (I am a doctor in private practice). So we can gather all the other evidence they require – that we are genuine; but we will not be able to satisfy the 12 months requirement. We would love to be able to get married or register our relationship but we cannot count on that as our divorces are very protracted.

    Thank you.

    Reply
    1. Peng Cheng Post author

      Hi Olga,
      Sorry but I need to refer you to our consultation service if you need such advice.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  18. Kate

    Hi, thanks for this it is very useful.
    I just married my U.S. citizen husband 2 weeks ago. We only have ‘evidence’ of us being together for 3 months, from when he arrived in Australia. He has since had to go back to the U.S. as he had to fly out because of the 3 month timeframe on his temporary holiday/travel visa anyway, and also needed to go back to work as he obviously isn’t allowed to work here. We realise that we will need 12 month’s worth of evidence of us being together, and that our getting married isn’t sufficient. The question is: with him living and working in the States and me living and working here, how are we supposed to gather this?! I can go over there for 3 months but we will again more than likely not have rental agreements, bills etc. to prove. We will have the following to provide: marriage certificate, joint bank account, wills naming each other as beneficiaries, stat decs from Australian citizens, photos of us together and email/phone call correspondence. Do you think this would be sufficient? And does the time spent apart inbetween count? Thanks in advance for your help.

    Reply
    1. Peng Cheng Post author

      Hi Kate,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your partner’s visa options.
      PC

      Reply
  19. hary

    hi cheng,,,i need ur advise on partner visa.
    i came in australia on student visa in 2009. In 2012 i got married to an australian lady but my lawyer lodged my spouse visa file after 7 days expiring my student visa .i got bridging visa but my pr visa was refuse after 2 years .i applied for mrt which was rejected ,then i applied for minister interview but he also refused to interview us.reason for refusal of my case is schedule 3,section 351 and i m ordered to leave country within 2 weeks and apply offshore.
    now my question is,,,
    1.can i apply for any other visa onshore or offshore?
    2.what are the chances of success for my partner visa application if i apply offshore?
    3.what will be the timeframe for my partner visa ?
    thx a lot

    Reply
    1. Peng Cheng Post author

      Hi Hary,
      Department’s processing time for a partner visa is around 12 months or over.
      Sorry but I can’t advise in relation to your visa options just based on the above information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  20. Baron

    Hi Peng,

    During the 189 visa application, How can I approve my relationship is ‘separation’?

    My wife and I got married in China and I used the marriage certificate to apply for the 573 visa. Afterwards, we had some problems and haven’t contacted with each other — we will divorce later

    I will begin to apply for 189 visa in June but I do not have any legal / official certificate to approve the fact

    I read the other treads and I find you mentioned to use a statutory declaration — will this work?

    Reply
    1. Peng Cheng Post author

      Hi Baron,
      You can provide a statutory declaration to confirm the details of a separation.
      PC

      Reply
      1. Baron

        Thanks! But I don’t know whether only a statutory declaration is enough or not.

        Do you suggest to provide as much as evidence as possible? e.g. no call record, no financial transfer, no email~~~~~~~

        Reply
  21. Jake

    Hi Peng,

    I am planning to apply for subclass 189 and wanting to include my fiance in my application. We have been in relationship for five years but we are not living together. Can I include her in my application?

    Thanks 🙂
    -Jake

    Reply
    1. Peng Cheng Post author

      Hi Jake,
      Sorry but I can’t advise in relation to your partner’s visa options just based on the above information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  22. Michael

    Hi Peng,

    I’m a PR visa holder and I would like to sponsor my wife for partner visa 820, applying for it onshore.

    My wife is a Japanese. Can she and my 2 children come to Australia on a visitor visa and then she applies for Partner visa onshore? Would she and my 2 kids get a bridging visa to remain in Australia once she lodges for the partner visa 820 application?

    Many thanks for your help.

    Reply
      1. Michael

        Thanks Peng.

        Is it true that “no further stay condition” cannot be added onto Subclass 601 visa?

        Thanks again for your help. Much appreciated.

        Reply
  23. Leisl

    Thank you for your information. Very helpfull.

    My fiance and i are wanting to emmigrate on the 457 visa. We are living together but dont have shared bank accounts yet or both names on lease.
    Ideally we dont want to get married in court as we would like to have a wedding with friends and family etc, but will go to court if its better for visa.
    Regards
    Leisl

    Reply
    1. Peng Cheng Post author

      Hi Leisl,
      Thanks – you can use your joint lease to demonstrate your residency together.
      PC

      Reply
  24. Mina

    Hi
    Thank you so much for such a detailed post!
    My partner and I have been together for 5 years. We have registered our de facto relationship under the ACT government since 2014 and have a certificate for that. Do we still need to provide more evidence to prove our relationship or the certificate alone is enough.
    Thank you very much 🙂

    Reply
    1. Peng Cheng Post author

      Hi Mina,
      Yes you do need to demonstrate your relationship – a certificate by itself is not sufficient.
      PC

      Reply
  25. Sarah

    Hi,

    My partner is on a 457 sponsor visa. He wants to add me as a dependent de facto partner on his visa.

    How do we submit the application? Approximately how long does it takes between lodging the application and receiving an answer?

    Furthermore, for this visa, do we need to have live 6 months or 12 months together?

    Thank you !

    Reply
  26. Sachin

    Hi Peng,

    I had applied class 190 state sponsored visa for myself and wife. After the grant relation broke down. Does this put me in sponsorship limitation for next five years.

    Sachin

    Reply
  27. Roza

    Hi Peng,
    Thank you for you useful information,
    I came to Australia with visa subclass 300 which it was a partner temporary visa then we married in 2012 then I’ve got my 820 visa and I applied for 801 visa at the same time in Feb 2013 and I was eligable to put the documents to immi account which i did,I didn’t hear anything from them for one year in 14 Jan 2015 .
    They said it takes 3 to 6 months then they said it takes between 12-15 months which was Ok.
    We have joint bank account, joint lease agreement and since Oct 2015 we have his sister which is student living with us.
    in 2012 we opened the small business which i was working there till 2014 then we decided to close the shop then i started to work somewhere else and at the same time we opened the ebay store which we both were looking after that till now.
    in 2013 and 2014 my husband left the country to purchase some products from our country for our shop and during this time i had too look after the shop and keep it open and each time took 21 days.
    He quite his job in July 2015 and to focus on the other businesses that we were planning to do like trading company so , He departed Australia in 18 Oct 2015 for that reason and I had to stay here to support the bills till he come back. but I’ve never traveled with him to overseas. but we went to different trips with each other.
    He supposed to come back in Nov 2015 but because of the some problems in the business and also he was suffering with the serious problem on his spine and also his mom has got the depression which she needed some one to look after her, he had to stay for four more month but we were contacting each other like twice a day on the internet which we kept all the conversation since the day 1.
    In Jan 2016 my case officer called me and asked me some questions which i answered them all frankly.
    Then she asked me : where is your husband at the moment?
    I answered he is overseas and he is coming back on 5th Feb .
    Unfortunately he couldn’t come back on that time because of that reason that i mentioned above.
    I’ve got the refusal letter on 15 Feb 2016 because my husband was offshore for 5 months.I want to put the appeal and pay for it. at the moment i’ve upload the decision record and the refusal letter which i’ve got from immigration But i don’t know what should i put in description box underneath this letters . could you please help me about this matter?

    Reply
    1. Peng Cheng Post author

      Hi Roza,
      You can just use ‘decision record’ and ‘Department refusal letter’ as the description for those documents.
      PC

      Reply
  28. Rochelle visaya

    Hello peng, this our situation, we’ve been in a relationship for 18 months now, we were in a long distance relationship before as I was working abroad, but now we are living together for 7 months now. Do u think we can apply for a defacto visa even cohabitation is less than 12 months? We couldn’t register our relationship because we are from Western Australia.
    Thank you.

    Reply
    1. Peng Cheng Post author

      Hi Rochelle,
      Sorry but I can’t tell you whether you can lodge just based on the above information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  29. Reneé

    Hi Peng,

    I have a question, if I was granted the provisional partner visa 309 and shortly after receiving the visa and going to Australia the relationship is not really working out, but not completely over yet, as a precaution could I convert or swap my visa from subclass 309 to the skills visa? My occupation is on the skills list.

    Kind Regards
    R

    Reply
  30. Amelie Le Gentil

    Hello Peng,
    I am currently on a student visa for the next 7 years and me and my partner who is an Australian citizen have been living together on a 4 night a week basis for the last 10 months or so but don’t have any evidence of it. We have registered our relationship and have a joint bank account, how long would we need to be living together for me to apply for the temporary residency visa ?
    Thanks, Amelie

    Reply
  31. Kira

    Hi PC,

    I am currently in the Philippines and I have a multi-entry Visa valid until May 2016. Me and my boyfriend who is an Australian Citizen are planning to move in Australia in the next few months. We are also thinking about getting married within the year. We have been living together in the Philippines for almost 20 months now. We are planning to apply for a De-Facto Visa On shore this year, but my question is: Is it going to be difficult for us to get married whilst waiting for the Visa to be granted? Or should we wait until the Visa is granted before we get married?

    Thanks,
    K

    Reply
    1. Peng Cheng Post author

      Hi Kira,
      Whether you are married or not shouldn’t affect your visitor visa application if you’ve been in a long term relationship.
      PC

      Reply
      1. Kira

        Hi PC,

        Thanks for the fast response. Though, I think you got me wrong. I am planning to apply for a De facto Partners Visa this year. Let’s say, we apply on shore this coming March, but also, we are planning to get married within the year. Would getting married affect the decision of the Partner’s Visa? Or would it rather strengthen our evidence? Should we wait until the Visa gets approved before we get married?

        Thanks again!

        Reply
          1. Kira

            Hi PC,

            If I am going to apply in Australia, is it best to do my medical exams here in the Philippines since, E-medical is available here. Or should I wait for my CO to contact me in Australia and do it there?

            Thanks again,
            Kira

          2. Peng Cheng Post author

            Medicals are valid for 12 months from the date of issue – you can select the medical examination process that you prefer, as long as your results are valid at the time of decision.
            PC

  32. Joseph

    Hi peng, just a question me and my girlfriend are both on a student visa, and we will be applying for a 485 visa individually, we are technically on a defacto relationship now therefore we declared that in ouR relationship status in our online application. And put her on a non accompanying dependent because she will not have a visa with me as we are applying separately. Do we need to provide evidences of defacto relationship eventhough im not sponsoring her? Thanks in advance

    Reply
    1. Peng Cheng Post author

      Hi Joseph,
      I generally don’t include de-facto evidence if the partner is not included in the application, unless the case officer asks for this.
      PC

      Reply
  33. sam

    hi peng
    me and my husband are trying to apply for the partner visa subclass 820/801 within couple of weeks. he is currently in a student visa and its expiring this march. we’ve known eachother since almost 3 yrs and have been working in the same nursing home where we met. we got married september 30th 2015 and we’ve been living in a unit for 6 months and the bonds and lease aggrement are both on our names. before this we lived in my friends moms house for almost 3 months but we dont have any evidence of paying rent cause we used to pay her cash.we both have joint bank account we use it for buying grocries and paying whenever we go out shopping and stuffs but still now we pay our house rent straight to the bank and pay cash. we also have joint electricity bills and internet.and one flight tickets when we went to nsw in early august for holidays with her family and drove on september when her great granny passed away.other than this we have plenty of photos and telephone records. can u please give us any advice on our application cause his visa is expiring very soon and whatelse should we do.
    thank you

    Reply
    1. Peng Cheng Post author

      Hi Sam,
      Please see contact us page and information relation to our consultation service if you need us to complete an assessment and advise in relation to your partner’s options.
      PC

      Reply
  34. Appi

    Hi Peng,
    Firstly, Thank you for patiently and professionally answering all the questions. You have been a great help. I can know how one feels when we get a reply for our questions from a resourced person.

    I have done my masters in Australia and recently received an invitation for 189. I have included my defacto partner in my application. He has done his masters in australia as well and has got his skill assesd from ACS. I have claimed 5 points for my partner’s skill.
    My questions are:
    1. Do each of us have to provide statutory declaration forms explaining everything (financial aspect, household, history etc) or just the main applicant is enough? ( we have strong evidence like joint lease, company, joint accounts, travel tickets, tax forms, biils, forms from witnesses etc)
    2. After we lodge the visa, what would be my partner’s status. Will he also get the visa if I get it? as same as me 189?
    3. My partner is on TR, can he travel after we lodge the visa? (I am aware they will provide us the bridging visa, will my partner also gets the bridging visa? If so, when will it affect him?(after his TR expires or before))
    4. How will my partner be notified for his visa status if we are successful after lodging? They would email it to me or directly to him?

    Awaiting your reply

    Thank you.

    best Regards
    Appi

    Reply
    1. Peng Cheng Post author

      Hi Appi,
      1. You can if you wish but this isn’t mandatory.
      2. Yes it is the same permanent residency visa if it is granted.
      3. Bridging visa is issued when you lodge a valid onshore 189 visa, but it comes into effect when your current visa expires. He may need to apply for a BVB if he doesn’t have a visa that allows him to travel and re-enter.
      4. Department should send the notification for both decisions at the same time.
      PC

      Reply
  35. Jo

    hi im filling our the visa application on line and there’s a question – Date of intended marriage and will not allow you to continue onto the next question unless you fill it out. you can only pick todays date or a date in the future, Im already married i got married end of last year so i am confused as to what to do.

    Reply
  36. Sue

    Hi Peng,

    I am working on my de facto visa application process at the moment, would like to seek for your opinion for below queries:

    1. My partner’s TR is expiring on February 2017. Thus, if i were to apply now how long does it takes (you reckon) to be approved? I was granted with TU (subclass 573) under my partner back in 2014. Will that record help to speed up this application?

    2. Can I lodge an online application? Do I need to mail the original (certified) copies documents over or scanning will be good?

    3. Do you happen to know the exact cost incurred for this application?

    Reply
  37. Matt and Jazzmin

    Hi Peng
    Me and my de-facto are in the process of applying for a Visa 801 and we’re trying to work out what evidence to attach for the sections entitled “Nature of couples household”, “Nature of couples mutual commitment to each other”, “Couple are living together”, “Contact while apart” and finally “Length of de-facto relationship”. Any help and advice with this would be greatly appreciated.
    Thanks in advance Matt and Jazzmin

    Reply
    1. Peng Cheng Post author

      Hi Matt and Jazzmin,
      Please see contact us page and information in relation to our consultation service if you need advice in relation to the documents that you should provide.
      PC

      Reply
  38. hidayat

    Hi Peng
    i got married in 2007 and came to australia on student visa in 2009. we got pr about six months ago but we were separate from more than one year and i got divorce about a month ago, when we applied our pr we were together at that time after that we got separate thats why she also got pr as we didn’t inform to dibp. i want to get married again.
    my questions are, can i sponsor anyone from overseas if i get married in overseas?
    is there any ban on me to sponsor like 5 years ban or something?
    thanks

    Reply
  39. saab

    Hi Peng this is saab. actually I have completed my study and access my tra in 2009. i have applied my partner visa in 2012.i haven’t got my pr yet and bit doghtful. i just wanna know if i can put any other visa eg.457 or rsms. and also wanna know if both visas go together. Thanks

    Reply
    1. Peng Cheng Post author

      Hi Saab,
      You can lodge a 457 or 187 visa while you hold a temporary partner visa.
      You can have both 457 and 187 visa applications processing at the same time.
      PC

      Reply
  40. camilo

    hi Peng.
    Thanks for your info.
    I want to apply to de facto visa
    my partner is australian and we are living in his house.
    we have a bank account together
    bills and emails arrive to same address
    photos, trip to asia,bookings and all together, invitation to a wedding, Christmas with family
    we share the same gym.
    Letters from australians freinds and family that support our relation
    financial support from him and letter from work to show that him has been working few years at the same place.

    is it enough information or we need to looking for more and do more thing together, to show our relationship?
    Do we have to send all in electronic way or we have to send all the original documents.?
    From the moment that we apply, how long time take to get the temporary residence, and after how long time i can apply to the pr….2 years since i lodge the application?
    we are in wa but maybe we move to north territory or south australia… take the same time if we apply from any of this states?
    thanks for ur info.
    cami

    Reply
    1. Peng Cheng Post author

      Hi Cami,
      You provide certified copies if it is a paper form application. You provide clear scanned copies and upload these to the application if it is an online application.
      DIBP’s processing time is around 12 or more months.
      Yes you can be considered for PR 2 years after the lodgement of the visa application.
      Your location in Australia shouldn’t affect processing time.
      ​​​Sorry but we would need to complete an assessment before we can advise in relation to your supporting documents – please see Contact Us above information in relation to our consultation service.
      PC

      Reply

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