subject: The One-year Relationship Requirement Basics [print this page] One visa option to Australia that has been prone to many destinations and discussions is the de facto relationship visa. The de facto relationship visa is provided to a foreigner with a proven relationship with an Australian national or citizen. In proving such relationship, there is a one-year requirement, the basics of which are as follows:
Proven Relationship. The applicant and the sponsor must provide evidence that there is a de factor relationship for at least twelve months prior to the application. This relationship must be a mutual commitment to share a life of exclusive commitment. This relationship must be genuine and continuing with proof of living together on a permanent basis. All these need to be proven and provided to the case officer reviewing the application for a visa before the visa can be issued. .
Present Evidence. The evidence provided must show that the sponsor and applicant must support the required proven relationship. These include knowledge about one another's personal circumstances, financial aspects such as joint finances and other assets, living arrangements including care and custody of children if there are any, social recognition as a couple through declarations by friends and other third parties. The evidence presented can be in the form of letters, emails, documents and declarations proving such relationship exists. Bank statements, invitations and other effects recognizing such relationship needs to be compiled and submitted to the case officer to support the proof that a de facto relationship exists. Once verified, the visa can then be issued to the applicant.
Exempting Circumstances. In case the sponsor and the applicant have any of the following circumstances, the need for proof of relationship for at least twelve months prior to filing of application is exempted. The circumstances are as follows:
1)A child was born of the relationship where both applicant and sponsor are known parents;
2)The relationship between sponsor and applicant has been registered as a prescribed relationship under relevant Australian legislation, be it federal, state or territory;
3)If the relationship between the sponsor and the applicant is deemed illegal or contrary to law in the applicant's country of residence;
There are many intricacies involving the evidentiary requirements in applying for a de facto visa to Australia. The applicant and sponsor needs to prove the de facto relationship with evidence indicating such relationship. There are exemptions though to these evidentiary requirements only on extenuating circumstances. Once all these have been provided, the de facto visa application would then be reviewed by the case officer.
