Partner Visa
Interdependency
For the purposes of the Migration Act, [reg 1.09] a couple is considered in an interdependent relationship if they:
- have both turned 18 years of age
- have a mutual commitment to a shared life as partners to the exclusion of all other
- are not within a prohibited degree of relationship under the Marriage Act 1961 (i.e. relation with an ancestor or descendant or sibling)
- have a genuine and continuing relationship
- live together, or not live separately or apart on a permanent basis
- have been in that relationship for a period of 12 months prior to lodgement of the visa application
It is important to remember that this category is not limited to same sex couples. There have been a few cases approved at both the DIAC level and at the MRT that have approved couples who have a mutual and committed relationship, exclusive of all others without having to be in a sexual relationship.
Do you qualify for a Spouse Visa?
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