Partner Visa Australia

[jessicamolsherjones]

I am an Australian national and my boyfriend is from India. We want to apply for Partner Visa and want to get some suggestions on our status.

We first met a year ago. Both of us were respectively working abroad in different countries. We first met in Hanoi, Vietnam while my partner was on a business trip. We then stayed in contact and organised to meet in Thailand for a long weekend (a couple of weeks after first meeting each other). One thing led to another and we fell in love and were determined to see if we could make things work long distance. We?ve been in daily communication ever since.

After completing my contract I stayed with my partner for a month in Singapore where he was working before returning to Australia for work. He visited Australia soon after to see me, meet my family and friend on a 10days trip in Australia. He later moved back to India for work. In January I visited India to meet his family and friends, ended up spending 6weeks there. We also performed rituals which are like a confirmation/agreement between both of us in Sikh Temple and have applied for SA Relationship Certificate.

It?s been exactly a year since we met. We are a genuine couple in love with each other and want to be careful about the next steps we take to ensure we can start living under one roof in Australia on a permanent basis.

Considering our relationship history, we need help understanding the following:

1. Since we?ve only been able to visit each other for periods of time because of work, can we still be considered a De facto Relationship (with specific mention to the Partner Visa requirement of ?living permanently together?)?


2. If we submit the Partner Visa while my partner is in Australia on a tourist visa, does the Department of Home Affairs run an initial assessment before granting a bridging visa?

[educationembassy]

I truly feel that you should get some help from professionals, nothing to worry about, but I feel that professionals can give you the right advice and guidance. You should get in contact with a migration agent in Australia.

[Summit_Migration]

Hi jessicamolsherjones,

Good questions.

1. Proving that you are in a de facto relationship when you've resided apart from each other for a long period of time can be tricky. The key will be to prove that you were 'ordinarily co-residing". You may be able to provide evidence of continued contact through the times of separation.

2. A bridging Visa A is issued automatically once you lodge an application for a permanent visa in Australia. There may be further initial assessments on the application however, so make sure you lodge all your evidence and make sure its decision ready.

[lisakent86]

For the Partner Visa (subclass 820/801), the Department of Home Affairs does recognise de facto relationships where the couple hasn't lived together continuously. They consider factors like the length of the relationship, evidence of ongoing commitment, and joint financial and social aspects. Visiting each other for extended periods and maintaining daily communication can support your claim. Make sure to provide detailed evidence of your relationship history, including visits, communication records, and any joint commitments like the SA Relationship Certificate.

If your partner applies for the Partner Visa while in Australia on a tourist visa, they'll usually be granted a Bridging Visa A (BVA) once their tourist visa expires. This allows them to remain lawfully in Australia while their Partner Visa application is processed. The Department will assess the initial eligibility criteria before granting the BVA, which typically includes health and character checks.