• In all instances, the applicant and sponsor must provide solid evidence that the relationship is genuine and on-going.

• De-facto applicants must provide evidence that they have been in a de-facto relationship for at least 12 months, before the application is lodged.
• This requirement may be waived where there are compelling or compassionate circumstances or when the relationship has been registered.

Every relationship is different and there is no fast rule on what sort of evidence can be provided. People’s circumstances vary enormously and it is good practice to have an outsider look at the evidence you have in an objective manner. A migration agent can help you collate relevant material and assist with statements where evidence may not be readily available. Some of the factors that will be considered are:

• knowledge of each other’s personal circumstances
• financial aspects of the relationship, joint financial commitments such as real estate or other assets and sharing day-to-day household expenses
• the nature of the household, including living arrangements and joint care and responsibility for any children of the relationship
• the social aspects of the relationship, provided in statements (statutory declarations) by friends and acquaintances
• the nature of the commitment, including duration of the relationship, how long the couple has been living together and whether they see the relationship as a long-term one

• When making a valid application onshore you will be granted a bridging visa.
• Bridging visas normally have the same conditions as your last substantive visa.
• It is possible to apply for work rights while on a bridging visa with a “No Work” condition.

If you are in Australia and you have a visa with condition 8503, then you will not be able to apply for a partner visa onshore, unless a waiver of the condition can be obtained first.

If you are in Australia without a valid visa, there may be some instances where you can apply for a partner visa (see also Schedule 3 criteria below)

Schedule 3 requirements apply to people who, at the time they apply for a sc. 820 visa, are either unlawful or hold a bridging visa. If that is the case, the applicant must satisfy Schedule 3 criteria 3001, 3003 and 3004, unless the Minister is satisfied there are compelling reasons for not applying those criteria. “Compelling reasons” is not defined in the Migration Regulations and this means that the meaning of this open to interpretation by case officers.

Previously many applicants managed to get a waiver from schedule 3 criteria relatively easily. However, the DIBP have now changed their interpretation of ‘compelling reasons” and in most cases, it is much harder (if not impossible) to get the schedule 3 criteria waived. Note also that the new interpretation is applied retrospectively.

If you are affected by schedule 3 criteria seriously consider if it is likely that you will qualify for a waiver and if it is worth to lodge an onshore application, as refusals are very expensive and immensely stressful.

If you have already applied for an onshore partner visa and you get a request to submit information regarding any compelling reasons to waiver Schedule 3, make sure you properly address the request.

If the relationship breaks down during the application process, there can be all sort of unintended consequences for both the sponsor and the visa applicant. For most people, it is incredibly stressful to have to deal with visa issues on top of the emotional turmoil of the relationship coming to an end, especially if there are children involved or there are family violence issues. We provide quick and discreet phone or email consultations so you can discuss your options and obligations.