Partner Migration: One-Year  Relationship Requirement

Certain people applying to settle in Australia permanently are required to be in a relationship for at least one year.
The requirement covers people who are applying to settle in Australia on the basis of their de facto spouse or interdependent relationship with their Australian sponsor or nominator, and de facto spouses of people applying for other migration categories.
These people need to demonstrate that they have been in the relationship for at least one year before applying.

Who is affected ?
Those people covered by the requirement are:
• the de facto (or common law) spouse; or
• the interdependent partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is sponsoring the applicant; or
• de facto spouses who are included as a member of the family unit in applications under other migration categories including the Skilled stream.
De facto spouses of refugee and humanitarian entrants are exempt from the requirement if their sponsor declared the relationship at the time of their application.
• If the relationship was not declared at the time of the sponsor's application, the one year requirement applies.

Living together
Living together is regarded as a common element in most on-going relationships. It is a major factor (ie, one of the criteria prescribed in the Migration Regulations) in demonstrating that the parties have a mutual commitment to a shared life to the exclusion of any other spouse or interdependent relationships.

Partners who are not living together may be required to demonstrate a high level of proof that they are not living separately and apart on a permanent basis.

Some of the factors to be considered in deciding whether the partners satisfy the requirement include:
• knowledge of each other's personal circumstances;
• financial aspects of the relationship, such as any joint ownership of real estate, joint bank accounts or other major assets;
• the nature of the household including living arrangements such as joint residential receipts or joint household accounts;
• the social aspects of the relationship, provided in statements (i.e. statutory declarations) by parents, family members, relatives, friends and other interested parties;
• joint membership of organisations or joint participation in sporting, social or other activities; and
• joint travel.

Waivers
It is possible for the one-year relationship requirement to be waived in compelling or compassionate circumstances, for example:
• in the case of a de facto spouse relationship, where there is a child from the relationship.
• in the case of an interdependent relationship, where cohabitation was contrary to law in the applicant's country of residence.