How to Prove Genuine and Continuing Relationship – Partner Visa

Proving “Genuine and Continuing Relationship” is a key criterion for the Australian partner visa. The partner visa has 3 categories- onshore visa 820/801, offshore visa 309/100 and prospective marriage visa.

Opting for an onshore application entails a “combined” submission for the subclass 820/801 partner visa while being within Australian borders.

Conversely, an offshore application implies a “combined” submission for the subclass 309/100 partner visa from outside Australia.

Additionally, the subclass 300 prospective marriage visa emerges as an exclusive offshore visa application option for future spouses.

In this article we will take a deep dive into one of the eligibility criteria of partner visa namely Genuine and Continuing Relationship.

Proving a “Genuine and Continuing” Relationship

Proving a genuine and continuing relationship is intricate and demands a thorough understanding of the definitions and expectations set forth by the immigration policy.

We will discuss these policies in detail below:

What is Genuine and Continuing Relationship– The essence of a genuine and continuing relationship extends beyond mere authenticity.

It encompasses a subsisting and evolving partnership that is validated through various facets of shared life and future plans.

According to immigration policy, the Department assesses the genuineness and continuity of a relationship by considering all circumstances, evidenced by available information, which includes supporting documents, Form 888 statutory declarations, and interviews.

Evidence of a Genuine and Continuing Relationship– Demonstrating the authenticity and continuity of your relationship to the Immigration Department involves presenting a multifaceted array of evidence that spans across various aspects of your shared life. This can include, but is not limited to:

• Written Statements– Narratives from both partners detailing the evolution of the relationship, significant milestones, shared activities, periods of separation, and future plans.

• Financial Interdependence– Evidence such as joint mortgages, loan documents for major assets, joint bank account statements, and household bills in both names.

• Shared Domestic Matters– Statements detailing shared housework, household bills, joint responsibility documents for children, and evidence of living arrangements.

• Social Recognition– Joint invitations, evidence of common friends, notifications to government or commercial bodies about the relationship, joint activities, and travel evidence.

• Commitment Evidence– Demonstrations of knowledge about each other’s backgrounds, combining personal matters, terms of wills, and maintaining communication during periods apart.

• Unique Relationship Evidence– Understanding that every relationship is unique and requires a distinct mix of evidence. Tailoring your application to authentically represent your relationship, backed by relevant and varied evidence, is pivotal in convincing the authorities of its genuineness and continuity.

Key Takeaway- Crafting a compelling narrative of your relationship, backed by relevant evidence, is pivotal in convincing the authorities. Ensure that the evidence is varied, consistent, and paints a holistic picture of your relationship across all required aspects.

Four Pillars of Genuine and Ongoing Relationship- Proof of Genuine and Ongoing Relationship

Navigating through the visa application process requires a meticulous examination of the relationship across four pivotal aspects. Let’s delve deeper into each of these facets, understanding the Department’s interests and how to effectively present your relationship in each domain.

• Financial Aspects– The Department scrutinizes how couples manage and intertwine their finances. While joint bank accounts and significant joint purchases are indicative, they should not be the sole evidence. Creating a legally binding financial agreement and demonstrating financial support between partners can also be potent evidence. Even couples with separate finances or those living apart can satisfy this requirement, albeit with potentially higher scrutiny and risk of refusal. Ensuring that the financial sharing goes beyond mere expense-sharing and reflects a genuine partnership is crucial.

• Social Aspects-Your social life as a couple, especially how it is perceived by your social circles and presented on social platforms like Facebook, Instagram, and WeChat, plays a vital role. Regularly saved screenshots of social media interactions, a scrapbook, or a journal documenting shared experiences, dinners, events, and travels can serve as compelling evidence. While photos are impactful, ensuring they are captioned with dates, locations, and notable persons can enhance their validity.

• Household Aspects– The Department seeks to understand the day-to-day household management between you and your partner. Sharing responsibilities, managing household duties, and establishing a shared living arrangement are pivotal. Providing a detailed overview of how chores and responsibilities are divided, and possibly, any special arrangements due to work/travel commitments, can offer a clear picture of your domestic life together.

• Commitment to Each Other and Future Plans– Illustrating a shared future and mutual commitment is paramount. Evidence can range from shared long-term plans, such as marriage and children, to legal and financial documents like wills or naming each other as beneficiaries in superannuation funds. Especially for couples who have endured periods of living apart, showcasing a steadfast commitment despite physical separation is vital.

Key Takeaway- Addressing each aspect with a robust set of evidence and narratives enhances the credibility of your application. Ensure that the evidence is varied, consistent, and paints a holistic picture of your relationship across all required aspects. When in doubt or facing complex scenarios, especially related to financial intertwining and periods of separation, seeking professional advice from a registered migration agent or lawyer can provide valuable insights and strategies.

Overcoming Challenges of Periods Spent Apart

• Maintaining a Relationship During Separation- Strategies to keep the relationship genuine and continuing.

• Proving Continuity- Demonstrating that periods of living apart were temporary and did not diminish the relationship’s authenticity.

Key Takeaway- Ensuring that periods of separation are well-documented and justified is crucial to maintaining the perceived genuineness of the relationship.

Seeking Professional Advice

• When to Seek Help- Identifying scenarios where professional advice is beneficial.

• Choosing the Right Professional- Tips on selecting a registered migration agent or lawyer with relevant experience.

Key Takeaway- Leveraging professional advice can navigate through complex scenarios and enhance the application’s success probability.

Conclusion

Embarking on the journey to secure an Australian partner visa involves meticulous planning, thorough understanding, and strategic evidence compilation.

While the legislative criteria provide a framework, every relationship is unique, and tailoring your application to authentically represent your relationship is key.

Whether you’re applying onshore or offshore, understanding the nuances, addressing each criterion effectively, and when needed, seeking professional advice, can pave the way towards a successful visa application, reuniting you and your partner in Australia.