Partner Visa in Australia

New Ruling: What this means for your de-facto relationship in Australia and applying for a partner visa in Australia

Last week there was a Federal Court Judgement ruling that has changed the path for many who were previously unable to apply for a partner visa. The judgment is a major development for applicants in mutually exclusive relationships; who are not living together, who could not previously qualify for a partner visa in Australia.

Below is the ruling which will make the path for many applicants who previously have been unsuitable applicants who are able to apply now for a partner visa in Australia.

1. The Federal Court of Australia held on the 11^th June 2015, held that section 5CB (2) of the Migration Act 1958 (Cth) contains no express requirement that persons must have lived together or be living together in order to be in a de-facto relationship.

2. The Federal  Court held that there is nothing in the text of section 5CB (2) that would require or even suggest an implication that the applicant and sponsor must have previously cohabited and do not live separate and apart on a permanent basis.

3. The Federal Court held Section 5CB of the Migration Act does not require that the applicant and the sponsor physically reside in the same premises prior to lodging a partner visa application based on a de-facto relationship.

4. This case concerned a decision of the Migration Review Tribunal where the applicant and the sponsor were in a committed relationship and their relationship was exclusive. They had a mutual commitment to a shared life to the exclusion of all others and the relationship was genuine and continuing. They had chosen to follow specified teachings as devout Buddhists that they should not cohabit or have sexual relations before marriage. They had not lived together when they lodged the partner visa application because they wanted to marry first and had not lived together after their marriage because the applicant had been in immigration detention.

5. The Tribunal held that there was no requirement in the Migration Act that the parties lived together before a de-facto relationship can be found to exist. The Federal Court of Australia upheld the decision of the Tribunal.

 

If you require any immigration/visa advice in regard to your de-facto relationship, please do not hesitate to contact Phillip Silver & Associates Australia Pty Ltd on by email visa@phillipsilver.com.au or phone on (02) 9708 5954

Partner Visa in Australia we are here to help.