Proving Your Relationship for the Australian Partner Visa

The application for an Australian partner visa 820/801 is a pivotal step for couples seeking to build a life together in Australia. Beyond legal documents like marriage certificates, the success of a partner visa 820 application hinges on providing compelling evidence that the relationship is genuine and continuing. The Department of Home Affairs meticulously assesses each case, relying on a comprehensive evaluation of the relationship's history and dynamics. A successful 820 partner visa or 801 partner visa outcome demands a compelling narrative supported by a wide array of documentation that truly tells the couple's story.

The Four Pillars of a Genuine Relationship

The Department of Home Affairs uses a "four pillars" framework to assess whether a relationship is genuine and ongoing. These pillars which are financial, household, social, and the nature of the commitment, must all be robustly supported with evidence. The aim is to demonstrate that your relationship is not simply a casual arrangement but a mutual, deeply committed partnership, foundational for both the temporary and permanent stages of the partner visa 820/801.

1. Financial Aspects of the Relationship

This category focuses on demonstrating financial interdependence and shared responsibility. It is a critical indicator of a couple's commitment to a shared life. The more intertwined your finances are, the stronger the evidence becomes.

• ‍Joint Bank Accounts: Provide statements from a joint bank account that show regular use for shared expenses. The history of the account, from its opening date to recent transactions, is important. While not essential, a joint account is a powerful piece of evidence.‍
• Joint Liabilities: Evidence of shared financial commitments, such as joint mortgage or rental agreements, car loans, or credit cards in both names, shows a shared financial burden and long-term planning.‍
• Shared Household Bills: Present utility bills (electricity, gas, internet), insurance policies (health, home, car), or phone plans that are in both partners’ names‍
• Major Shared Purchases: Receipts or proof of purchase for significant joint assets, such as a vehicle, furniture, or major appliances for your home, can serve as compelling evidence.‍
• Financial Support: Documents that show one partner providing financial support to the other, such as money transfers or bank statements, can also be included. Similarly, evidence of either partner being nominated as the beneficiary of the other's superannuation or life insurance policy indicates a mutual, long-term commitment.

The key is to show that you manage your money as a team, with a clear system for handling shared expenses, even if you maintain separate accounts for personal use.

2. The Nature of the Household

This pillar proves that you and your partner live together and share domestic responsibilities. It demonstrates the day-to-day reality of your shared life.

• ‍Evidence of Cohabitation: A joint lease or rental agreement, mortgage documents, and letters or bills addressed to both of you at the same address are essential. Provide a range of documents over a period of time to show the continuity of your shared residence.‍
• Shared Household Responsibilities: Provide a detailed statement explaining how you share chores and other household duties, such as cooking, cleaning, and grocery shopping. You can support this with evidence like shopping receipts or a calendar showing a shared schedule.‍
• Joint Responsibility for Children: If you have children together, or if one partner has a custodial role in the other's children's lives, provide birth certificates or court orders that demonstrate joint parental responsibility.‍
• Correspondence: Include any official mail addressed to both of you at your shared address, such as invitations to events or letters from government departments.

It is crucial to show that you do not live permanently apart. If you have had periods of separation due to work or travel, provide evidence such as communication logs, travel tickets, or hotel bookings to show that the separation was temporary and your commitment remained strong.

3. Social Aspects of the Relationship

This category demonstrates that your relationship is publicly known and accepted by your families and friends. The Department wants to see that your relationship is genuine and is acknowledged by others.

• ‍Statutory Declarations from Friends and Family: The most important evidence in this category is the Form 888, or a statutory declaration, from at least two Australian citizens or permanent residents who can attest to the genuineness of your relationship. They should provide a detailed statement outlining how they know you and your partner, how long they have known you as a couple, and specific examples of your relationship.‍
• Social and Family Events: Provide a selection of photographs from different stages of your relationship, including photos with friends and family at social gatherings, weddings, holidays, and other significant events. Photos should be dated and captioned to provide context.‍
• Joint Activities: Include evidence of joint sporting, cultural, or social activities, such as club memberships, tickets to concerts, or travel itineraries.‍
• Public Recognition: Evidence of your relationship being publicly acknowledged, such as joint invitations to events, social media posts where you are tagged as a couple, and evidence that you have informed government bodies like Centrelink about your relationship.

This evidence builds a compelling picture of a relationship that is not hidden and is a recognised part of a broader social circle.

4. The Nature of the Commitment to Each Other

This pillar is arguably the most subjective, as it requires you to prove the depth of your emotional and long-term commitment. It demonstrates that you have a genuine plan for a future together.

Relationship Statements: Both you and your partner must write a personal statement detailing the history of your relationship. This statement should cover:

• How, when, and where you met.
• How your relationship developed.
• When you moved in together, got engaged, or married.
• Significant events and challenges you have overcome together.
• Times you spent apart and how you stayed in touch.
• Your plans for the future.

Communication Records: Provide screenshots of text messages, emails, or call logs that show consistent communication, particularly during periods of separation. These should be a representative sample that demonstrates an emotional bond.

Evidence of Long-Term Plans: Show that you have made long-term plans as a couple. This can include:

• Wills or powers of attorney in each other’s names.
• Joint financial plans for future purchases, such as a house.
• Documentation of plans to travel together.

Knowledge of Each Other: Demonstrate a detailed knowledge of each other’s family background, personal details, and aspirations. This is often assessed through the personal statements or a potential interview.

Common Pitfalls and Key Considerations

While gathering evidence, applicants should be mindful of common mistakes that can delay or jeopardise an application. A failure to provide a wide range of evidence across all four pillars often leads to requests for more information, which can significantly extend processing times.

• ‍Lack of Broad Evidence: Applicants sometimes focus too heavily on one type of evidence, such as photos, without providing a balanced portfolio of financial, household, and social documents. The Department expects to see evidence that spans the entire duration of the relationship, not just the period immediately preceding the application.‍

• Insufficient Detail: Simply providing a joint bank statement is not enough. You must also explain how and when it is used. Similarly, while photos are important, they must be dated and accompanied by detailed captions that provide context.

For de facto couples, it is important to note that a relationship registered with an Australian state or territory can waive the usual 12-month cohabitation requirement. Other visa subclasses, like the partner visa 309/100, the prospective marriage visa (subclass 300), or the 300 visa for fiancées in Australia, each have their own specific evidence requirements. The evidence required for other visas, such as the SID 482 visa or a DAMA visa, will differ significantly, highlighting the importance of understanding the specific criteria for each subclass. As a distinguished firm, IATL understands the intricate challenges of preparing these applications and provides meticulous guidance to help clients avoid these common pitfalls, ensuring a comprehensive and credible submission.

‍