2 Situations In Which An Immigration Lawyer Can Help You Obtain A Partner Visa

12 January 2015
 Categories: Law, Blog


If you are an Australian citizen, there may come a time when you need to obtain a partner visa for someone you love. In this instance, you may want to consider hiring an immigration lawyer who specialises in this kind of visa. To help you understand all the ways they can be of assistance, here are common situations in which an immigration lawyer can help you and your partner.

If You Are In A Defacto Relationship

An immigration lawyer can help legalise your relationship status in order to obtain a partner visa. A de facto relationship is one in which you are involved with someone else, including a member of the same sex. Based on the provisions of the 1975 Family Law Act, this type of relationship is defined as one in which you are living with someone, consider yourself to be a couple with that other person and share a household the way a married couple would. The only difference with a de facto relationship is that you and the other person aren't married.

However, the law allows you to petition a court to classify you as having a de facto relationship. To earn that designation, your immigration lawyer has to convince a judge that you are in a steady relationship that is sexual in nature and that you share expenses and other things such as taking care of a child. This is to reduce the chances of people staying together just for the visa, which is fraud. It's only after a judge declares that you are in a de facto relationship that you can apply for a partner visa.

If Your Partner Is In Another Country

An immigration lawyer can help you prove that your relationship is legitimate and ongoing. In some situations, the person for whom you are trying to obtain the partner visa is in Australia, but in many instances, that person is overseas, so it will be up to a lawyer to convince the Department of Immigration and Border Protection that your relationship is real. This can be done through a paper trail of personal emails, cards, letters, bank statements and other financial documents that demonstrate your commitment and togetherness. An immigration lawyer will also need personal keepsakes such as photos of you and your loved one together, as well as witness statements from credible people who can attest to the legitimacy of your relationship.

For more information, contact a company such as Immigration Solutions.