There is a lot of confusion when it comes to proving the de facto relationship and in fact, this is one of the main questions asked from us (Australian Visa Lawyer) by clients.
Definition of De facto partners
As per the Migration act 1958 (as per the latest amendments of 3rd September), a person is the de facto partner of another person (whether of the same sex or different sex) if, under subsection (2), the person is in a de facto relationship with the other person.
Definition of De facto relationship
The migration act has defined, a person is in a de facto relationship with another person if they are not in a married relationship with each other but:
(a) they have a mutual commitment to a shared life to the exclusion of all others; and
(b) the relationship between them is genuine and continuing; and
(c) they:
(i) live together; or
(ii) do not live separately and apart on a permanent basis; and
(d) they are not related by family.
There are some provisions that apply to the de facto relationship and partner. If you are after a professional advise in elated to Australian immigration, you can contact a registered migration agent to clarify your concerns.
Source – Migration Act 1958
