When couples begin their partner visa 820 journey, understanding the different relationship categories is crucial. At The First Chapter Migration, we specialise in partner visa 820 applications and guide couples through the complexities of proving their relationships meet Australian migration requirements. Our expertise ensures your partner visa 820 application accurately reflects your unique situation. This article will assist you in understanding your relationship status.
DEFINING YOUR RELATIONSHIP STATUS IMPORTANCE OF A PROFESSIONAL GUIDE
The path to a successful partner visa 820 often begins with understanding how Australian migration law views your relationship. Many couples, who recently visited our office, aren’t fully aware of the distinct differences between de facto and spouse relationships. These definitions play a crucial role in how you’ll approach your partner visa 820 application and what evidence you’ll need to provide.
DE FACTO RELATIONSHIPS UNDER AUSTRALIAN LAW
For couples applying for a partner visa 820 as de facto partners, Australian migration law requires specific criteria to be met. The most significant requirement is the 12-month cohabitation period before lodging your application. However, this requirement isn’t as straightforward as simply living under the same roof. The relationship must demonstrate genuine commitment and shared life aspects that mirror those of a married couple.
Certain exceptions to the 12-month rule exist, such as relationship registration in specific states or having a child together. These circumstances can significantly impact your partner visa 820 application strategy and timing.
SPOUSE RELATIONSHIPS AND MARRIAGE
Unlike de facto relationships, married couples applying for a partner visa 820 don’t face the same 12-month cohabitation requirement. However, this doesn’t mean the path is automatically easier. Your marriage must be legally recognised under Australian law, and you’ll still need to demonstrate that your relationship is genuine and continuing.
Evidence Requirements: The Key Differences
While both relationship types require substantial evidence for a partner visa 820 application, the focus areas can differ significantly. De facto couples often need to put additional emphasis on proving their living arrangements and relationship length. This might include lease agreements, utility bills, and detailed timelines of their cohabitation.
Married couples, while not bound by the 12-month requirement, must still demonstrate their relationship’s authenticity. Marriage certificates and wedding documentation form part of the evidence, but they’re not sufficient on their own. The Department of Home Affairs looks for ongoing commitment and shared life aspects in both cases.
However, collecting evidence to suit your case can be different and it can depend on you and your partner’s circumstances. Therefore, it is important for you to consult migration agent or migration lawyers before processing.
COMMON MISUNDERSTANDINGS AND CHALLENGES
Through our experience helping countless couples with their partner visa 820 applications, we’ve encountered numerous misconceptions. Many believe that marriage automatically strengthens their application, or that de facto relationships are viewed less favorably. In reality, neither relationship type holds an inherent advantage. The key lies in how well you can demonstrate your relationship’s genuineness, regardless of its legal status.
The IMPORTANCE OF PROFESSIONAL GUIDANCEontact us today
Each partner visa 820 application presents unique challenges based on the couple’s specific circumstances. What works for one couple might not work for another, even within the same relationship category. This is where professional expertise becomes invaluable. At The First Chapter Migration, we assess each case individually, identifying the strongest approach based on your particular situation and relationship dynamics.
BUILDING YOUR APPLICATION STRATEGY
Whether you’re applying as a de facto or married couple, your partner visa 820 application needs careful planning and strategic preparation. Understanding your relationship status is just the beginning. The real work lies in gathering and presenting evidence that effectively demonstrates your commitment to each other and your shared life in Australia.
MAKING AN INFORMED DECISION
For couples still deciding between marriage and remaining de facto for their partner visa 820 application, it’s important to understand that both paths can lead to success. The choice should be based on your personal circumstances, timeline, and available evidence rather than perceived advantages in the visa process.
FREQUENTLY ASKED QUESTIONS ABOUT 820 RELATIONSHIPS
Q: How long do we need to live together for a de facto partner visa 820?
For a partner visa 820 application as de facto partners, you generally need to prove you’ve lived together for 12 months. However, there are some important exceptions:
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- Relationships registered in certain states
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- Couples with a child together
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- Compelling circumstances
Q: Do we need to be married for a certain time before applying for a partner visa 820?
Unlike de facto relationships, there’s no minimum time requirement for married couples applying for a partner visa 820. However, you’ll still need to prove your relationship is:
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- Genuine and continuing
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- Not entered into solely for visa purposes
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- Recognised under Australian law
Q: Is one type of relationship stronger for a partner visa 820 application?
Neither relationship type is inherently “stronger” for your application. What matters most is the quality of evidence showing your relationship is genuine and continuing.
Q: My partner and I lived together for 6 months, then separated for work for 2 months. Can we still apply as de facto?
This is a complex situation that requires careful documentation. While the general rule requires 12 months of cohabitation, temporary separations may be acceptable if you can prove you maintained your relationship during this period. Each case needs individual assessment to determine the best approach.
Q: We live with family roommates – how does this affect our de facto partner visa 820 application?
Living arrangements with others don’t automatically disqualify your application. However, you’ll need to provide stronger evidence to demonstrate your genuine relationship.
Q: My partner is still married to someone else but separated – can we apply for a partner visa 820?
This situation requires special attention. You can potentially apply as de facto partners, but you’ll need to provide strong evidence to prove the relationship has permanently ended. In these complex cases, we strongly suggest you should consult with specialists to ensure all legal requirements are properly addressed.
Contact Us Today
At The First Chapter Migration, we understand that every relationship is unique. We take the time to understand your specific circumstances and provide tailored advice for your partner visa 820 application. Our expertise ensures you choose the right pathway and present the strongest possible case.
📞 Call us today at 0466 168 626 to discuss your relationship circumstances and get expert guidance on your partner visa application. Let us help you build your future together in Australia!
