How do I prove to the Tribunal I’m in a de facto relationship?
If your partner visa was refused because you didn’t meet the 12-month de facto rule, we discuss how the Tribunal is likely to approach this issue. The first two ways of proving your 12-month de facto period which are discussed below are by far the easiest way to go about it. The third requires more planning and is likely to require a persuasive argument (of policy and case law) which you can prepare with the assistance of an experienced partner visa lawyer.
If you are in a de facto relationship, you should give evidence to the Tribunal that shows at least one of the following:
The relationship existed 12 months before lodging
Your relationship is registered
You weren’t in a de facto relationship for the 12 months before you lodged the visa application but there are compelling and compassionate reasons for the grant of the visa.
Option 1 involves you providing sufficient evidence that 12 months before applying for your partner visa you were already in a genuine, continuing, mutually exclusive relationship. You should have provided evidence of your finances, household, social (photos, etc) to show your commitment to each other.
Option 2 visit our earlier blog on this topic: Should I register my de facto relationship and will this help me with the 12 month rule?
Option 3 is by far the trickiest as you are actively trying to persuade the Tribunal that your circumstances are exceptional, unique or unusual and deserving of special treatment.
It’s also worth keeping in mind that proving compelling and compassionate reasons on their own are not enough. What is required is for the Tribunal to be satisfied that your circumstances are such that the visa should be granted (considering the fact you don’t meet the 12-month de facto rule but because of your compelling and compassionate reasons). The Tribunal’s policy documents suggest that what is considered compelling and compassionate is quite a high threshold and gives examples such as:
Where the applicant has a dependent child of the relationship, or
Where a de facto relationship/same sex relationship is illegal in the country where you or your partner reside.
The Tribunal’s policy documents also discuss that a pregnancy (of sponsor or applicant) ‘would not of itself’ amount to a compelling circumstance or reason.
What is compelling and compassionate?
There is no definition of these terms, because it is an individual assessment of your circumstances that is required.
So, what exactly is the Tribunal required to look for in determining whether to apply the compelling and compassionate circumstances of your relationship?
Firstly, it will consider the evidence of your de facto relationship available at the time of application to the time of decision, it will then consider any other information you wish to provide, for example, you may need your spouse (visa applicant or sponsor) to assist you in caring for a child or family member. You may be relying on your spouse (applicant or sponsor) to provide physical and emotional support that would be difficult for you to live without.
This is where seeking the advice of an experienced partner visa refusal lawyer will help you to prepare your case and outline your circumstances for the grant of the partner visa. Reach out to us for a private conversation about preparing your partner visa appeal for the best chances of success.
