If you have a partner whom you're not married to currently residing in Australia, you can apply for a de facto visa. A de facto visa can let you visit them, work, live and enjoy other benefits of having an Australian visa. To understand the options available to you, consult a migration lawyer or agent and they will help you go over the various hurdles associated with de facto visas as shown below.
Do you qualify for a visa?
The first thing you need to evaluate is whether you even qualify for a de facto visa. For you to be considered a de facto partner, you must have been in a relationship with your partner for quite some time, usually 12 months. Two, your partner needs to either be an Australian citizen, permanent resident or New Zealand permanent resident.
A migration agent or lawyer can help you ascertain your eligibility so that you may initiate the process of seeking a visa. Remember certain factors such as criminal records could disqualify you from making an application in the first place.
What's the intent of seeking the visa?
Not all visas are the same, even when it comes to de facto relationships. There are more than five visa categories touching on de facto partner. These include various subclasses such as 309, the New Zealand subclass 461 and subclass 300 for those seeking to marry.
Depending on what your purpose is, a lawyer or migration agent will help you narrow down the right visa for your cause, thereby ensuring you make the right application. This will also be guided by whether you are in Australia or not and whether you intend to work, live, study or enjoy medical benefits while in Australia.
Making your de facto visa application
Once you have understood the right de facto visa for your purpose, a migration agent or lawyer can help initiate the process. This will entail gathering supporting documents from you and your partner to show that you are indeed in a de facto relationship. The agent or lawyer will then draw up the necessary documents and help you fill them accordingly, providing sufficient answers to meet eligibility criteria. The agent will then file the forms and follow up the matter on your behalf.
Even if you have had your de facto visa application declined, a migration lawyer or agent firm such as Fisa Pty Ltd may be able to help you re-apply. This is possible if you were disqualified for making the incorrect visa application or did not provide sufficient information.Share