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16/08/2021

Case Study – Successfully granted Partner Visa without sufficient documentation to show 12 months de facto relationship

Successfully granted Partner Visa

Ms. SW entered Australia on a student visa and commenced studying a package of business courses for a period of 3 years. While in Australia she met an Australian citizen with whom she started a lasting de facto relationship. Although they were living in an exclusive relationship they were not married and did not have sufficient documentation to show 12 months de facto relationship.

In order to show de facto relationship exists the following factors are considered, financial aspect, nature of household, social aspect, the nature of the persons commitment to each other of the relationships and mutual commitment to a shared life to exclusion of all others and the relationship must exist for 12 months prior to the lodging of the visa application.

After extensive assessment of the documentation available, we advised the couple to approach Victoria Births, Deaths and Marriages Registry to apply for registration of a domestic relationship. All appropriate documents were provided and the relationship was duly registered. Ms. SW then obtain the relationship certificate and this certificate along with other documentation was lodged with the partner visa application as support for their application. With careful preparation of the evidence and by taking statements from our client, her partner and family and friends. After searching through Migration Regulations and similar Federal Court cases, a comprehensive written submission was provided with the visa application. The case officer was convinced that the relationship was a genuine de fact marriage and the partner visa was granted

Smart Choice Education & Migration’s registered immigration agents provide the best immigration and education consulting services in Australia. With combined decades worth of experience and knowledge, our team of immigration agents can work with both individuals and Immigration case officers to secure the best outcome for your visa needs.

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