Can I Get a Partner Visa If I’m Not in a Romantic Relationship?
While partner visas are typically granted to married or de facto couples, there is no requirement for an applicant to be in a romantic relationship with their partner. A de facto relationship is defined under section 5CB of the Migration Act 1958 (Cth) as being a mutual commitment to a shared life to the exclusion of all others and a genuine and continuing relationship.
Although you will need to demonstrate that there is a real relationship between you and your partner, the absence of romantic love or affection for each other is not fatal to a partner visa application. Additionally, it has been determined that cohabitation is also not a requirement for a de facto relationship.
Precedent from Angkawijaya
A Migration Review Tribunal decision that the applicant, Angkawijaya, was not in a de facto relationship due to a lack of romantic love was appealed to the Federal Court. The Tribunal found that the applicant’s ambivalent feelings toward her partner and their lack of affection weighed against the existence of a genuine and committed relationship. Angkawijaya’s relationship with her partner was characterised as an agreement to exchange services and meet each other’s needs, with reliance being placed on her desire to remain in Australia. However, the Court found that this was not inconsistent with having a genuine relationship.
Love and affection can indicate a genuine relationship; however, they are not legal requirements. The reasons and motivations for entering into a de facto relationship are also not fatal to an application if the decision-maker is satisfied that a genuine relationship exists regardless.
What is a genuine and continuing relationship?
Although Angkawijaya demonstrated that love and affection are not required for a genuine relationship, a distinction was made between a de facto relationship and a contractual arrangement to care for each other. Even if someone enters into a relationship only to secure a partner visa (subclass 820/801 or 309/100), they will simply need to prove that their relationship is genuine and not fraudulent. The primary difference between the two may lie in the evidence that can be provided to support a relationship claim.
Related:
What if the Minister doesn’t believe my Genuine Relationship?
The main concern of the Minister is that you could be simply trying to get someone a visa by pretending to be in a non-romantic de facto relationship. Commercial arrangements to organise a ‘sham’ or false marriage or de facto relationship harm Australia’s migration system by allowing people to enter the country permanently on false pretences. This issue has been identified as one of significant concern. Several provisions under the Migration Act address these offences, including section 243, which targets applicants and sponsors of ‘sham’ partner visas. As part of the requirements for a de facto relationship, you also will need to have been with your partner for at least 12 months or have a registered relationship. These requirements make it harder for individuals to lodge fraudulent partner visa applications.
Some of the factors that have been considered in previous cases include:
Insufficient evidence to support a claim of a genuine relationship
Credibility concerns of the applicant or sponsor
Failure to notify the Department of a change in circumstances
Inconsistent evidence of the relationship
Overlap between past and present relationships
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How Can Agape Henry Crux Assist
If you find the whole Partner Visa process confusing or you may be in complicated circumstances, Agape Henry Crux can provide professional guidance with our Accredited Specialist Immigration Lawyers. The team specialises in handling highly complex matters. You may schedule an appointment with one of our solicitors to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
