Australian Spouse Visa Applications

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In response to McFan's recent post, I thought I would post on the requirements of a partner visa with respect to establishing that a relationship is both genuine and continuing. This is intended to be an overview only, but it should assist both applicants and sponsors with regards to addressing what should be included in a spouse visa application.

Whether the spouse relationship is one of marriage or de facto, it is a common requirement of both that the applicant and sponsor provide evidence that their relationship is a 'genuine, continuing, mutually exclusive commitment to a shared life together as a husband and wife'.

The Migration Regulations set out the relevant factors to be considered when assessing whether or not a genuine spousal relationship exists. The criteria are broken down into four categories: financial, household, social and personal factors.

Financial Aspect of the Relationship:

Is there any joint ownership of real estate or other significant assets?

Do the applicant and sponsor have any joint liabilities?

What is the extent of any pooling of financial resources, especially in relation to major financial commitments?

Does one party to the relationship owe any legal obligation in respect of the other?

What is the basis of any sharing of day-to-day household expenses?

The Nature of the Household:

Is there any joint responsibility for the care and support of children? (If any)

What are the applicant and sponsors living arrangements?

Is there any sharing of the responsibility for housework?

The Social Aspects of the Relationship:

Do the applicant and sponsor represent themselves to other people as being married or in a de facto relationship with each other?

What is the opinion of the applicant and sponsor's friends and acquaintances about the nature of the relationship?

What is the basis on which the applicant and sponsor undertake joint social activities?

The Nature of the Persons Commitment to Each Other:

What is the duration of the relationship?

What is the length of time in which the applicant and sponsor have lived together?

What is the degree of companionship and emotional support that the applicant and sponsor persons draw from each other?

Do the applicant and sponsor see the relationship as a long-term one?

The decision maker at DIAC is required to have regards to all of the circumstances of the relationship. Whilst not all of the above criteria needs to be satisfied, there must be sufficient evidence to show that the applicant and the sponsor have an ongoing, committed and exclusive relationship.

I hope this has been of help.

Regards

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