Australian Partner Visas - Legal Terminology: Spouse vs De Facto

In this episode, we get back to basics and look at the legal terminology used to determine what is deemed to be a SPOUSAL RELATIONSHIP and what is deemed to be DE FACTO RELATIONSHIP. 

When a case officer picks up your Australian Partner Visa application, you may be surprised to know that they are not assessing it against the requirements outlined on the Department of Home Affairs website. They are required, at law, to ensure that your application meets the criteria set out by the Migration Act 1958 (Cth) (the Act) and the Migration Regulations 1994 (Cth) (the Regulations).

So it makes the most sense that we cut straight to the chase and look at what the law actually says.

The definition of spouse and de facto are close to identical.

Both types of couples must prove (on paper) that at the Time of Application: 

1. They are married to each other under a marriage that is valid for the purposes of the Act (spouse only);
2. They have a mutual commitment to a shared life to the exclusion of all others;
3. The relationship between them is genuine and continuing;
4. They live together or do not live apart on a permanent basis; and
5. They are not related by family (de facto only).

You are probably thinking “well, what can I provide to show the case officer that I meet the above criteria?” 

This is where the Regulations come to the rescue! 

The Regulations set out that the case officer must consider all of the circumstances of the relationship, including:

1. The financial aspects of the relationship
2. The nature of the household;
3. The social aspects of the relationship; and 
4. The nature of commitment the couple have for each other. 

Here at Salvo Migration we refer to these as the FOUR PILLARS, and understanding these four aspects are the key to preparing your best possible Australian Partner Visa Application.  

Do you want to learn the secrets about Australian Partner Visas, options, legal requirements and how to get your application approved, WITHOUT needing an Agent or Lawyer? Then register for the 100% FREE Partner Visa Secrets Workshop here: https://online.salvomigration.com.au/pvs-workshop 

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