Unable to marry? What are your options?

OK, you don’t want to marry, or you can’t marry for whatever reason?

But you have a genuine commitment to each other, and you want to live together in a relationship that is permanent and exclusive (ie. to the exclusion of all others)?

And it’s not because you want all the fun but with no responsibility, ie. a relationship you can drop from one day to the next? You really, truly want to spend the rest of your life with this person, and lead a truly shared-life with them where “two become one”?

You’ve probably already realised that you have three options only to bring someone to Australia permanently and for them to stay without returning. If not, I’ll explain the partner visa options:

Subclass 300 – Prospective Marriage Visa (aka fiancée visa)

This allows you to bring your fiancée to Australia and marry them within 9 months of the grant. You must be both legally free-to-marry. Can’t be still married. Can’t be only separated. Can’t be a same-sex (gay) couple.

Subclass 309 – Partner Visa (aka spouse visa or de facto visa)

Option one: You are already married, or intend marrying before they finish processing the visa application.

Option two: You are in a de facto (ie. live-in) relationship.

Those are your three options. Note that there is no “try before you buy” option. Forget trying to get 12 month tourist visas and trying to take the easy path. They will NOT give out a permanent visa unless you can show that you are in a genuine relationship.

Now, in this case we are assuming you are not in a de facto relationship right now. You’ve met, no doubt. You’ve spent time together. You’ve met the friends and family. You’ve stayed in nice hotels and resorts. You’ve shared many an intimate moment, and you’ve used the “L” word. But if at the end of your visit you go back to living separate lives other than calling or Skyping each other regularly, then you are probably not in a de facto relationship.

Again, in this case let’s say you are not, but you want to be. It’s the only way you can be together.

How long do you need to be living together in a de facto relationship?

In most cases, 12 months! And that means 12 months from the date you started living together in a de facto relationship. It does NOT start the date you decided this is what you wanted to do.

In some cases you can get a Registered Relationship. The requirements for these differ between states, and some states do not have Registered Relationships available. In ALL cases when these are available you both need to be legally not in a relationship with somebody else, so if you are still legally married (even if separated for a long time) then this is not an option for you. So please ask us. But what it means is that you can shorten the relationship length to 6 months! You still need to be in a de facto relationship. The Registered Relationship Certificate is not enough in itself.

So how do we start living together in a de facto relationship for 12 (or 6) months?

We don’t “play the system”, and we will not suggest dodgy or risky ways of being together. No trying to get student visas or work visas. However we can help you by developing a strategy for establishing a true de facto relationship so that when you are ready we can put together an effective partner visa application for you.

Please go to our website at www.downundervisa.com