The 4 pillars of a genuine partner visa relationship

The concept of a ‘genuine and continuing relationship’ is a key criterion for obtaining a Partner visa in Australia. This requires couples to demonstrate that their relationship is authentic, committed and intended to continue long-term. This is a requirement regardless of whether you are a married couple or in a de facto relationship.

One primary challenge leading to Partner visa refusals often arises from a lack of evidence showing a relationship’s genuineness and long-term commitment.

If you’re applying for an Australian Partner visa, organising your evidence correctly is crucial to the success of your application. At Australian Migration Lawyers, we are experienced in assisting our clients to apply for Australian Partner visas. Our team assists couples in navigating the complexities of the Australian immigration framework and can help ensure that any application submitted to the Department is ‘decision-ready’ and comprehensive.

Don’t risk delays or refusals by submitting incomplete or poorly structured evidence. Contact us today for expert assistance in preparing a strong Partner visa application.

Overview of the genuine and continuing relationship requirement

The essence of a genuine and continuing relationship extends beyond mere authenticity. Under Australian immigration law, a “genuine and continuing relationship” is defined as a relationship where the partners are committed to a shared life to the exclusion of all others. The Department is interested in how your relationship developed and whether your commitment is long-term and not merely temporary.

When demonstrating that the relationship is “genuine and continuing,” providing a wide range of evidence across different aspects of your shared life is vital. As part of the assessment process, the Department will review certain aspects of your relationship. These aspects are often referred to as “the four pillars” of the relationship.

These are considered for both onshore subclass 820/801 applications and offshore subclass 309/100 applications.

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Financial aspects of the relationship

The first pillar considered is the financial aspects of the relationship. Decision-makers will be seeking particular types of evidence. Such evidence includes joint ownership of assets, statements from a joint bank account, joint liabilities, and joint household bills.

As the evidence that can be provided to the Department is not limited, couples should provide any documentation of any joint financial commitments that exist between them, including any other major assets they own or purchase together.

Social aspects of the relationship

The second pillar assessed is the social recognition of the relationship. In doing so, decision-makers examine evidence that demonstrates the relationship is acknowledged within the couple’s social circle, and beyond.

This is intended to confirm that the relationship is not concealed from those around them. A broad array of documentation may be provided to support this pillar. Examples of such evidence include shared social media profiles, joint membership or joint participation in cultural or recreational activities, and evidence of attending events together. These forms of evidence collectively affirm that the relationship is publicly acknowledged as a committed partnership.

Nature of the household

The third pillar examined in a Partner visa application concerns the nature of the household. This aspect serves to ensure that the couple are not leading separate lives on a permanent basis. To make this determination, the decision-maker evaluates the living arrangements of the couple.

Evidence that can be provided includes statements that detail how household responsibilities are shared and managed, evidence of the joint responsibility of children or pets, and jointly addressed correspondence. This evidence collectively supports the conclusion that the relationship is genuine by affirming that the household being maintained is not separate but a shared one.

Commitment to each other

The final pillar to be assessed is the nature of commitment. This evaluation seeks to confirm that the relationship is long-term and exclusive. Couples can provide a wide range of evidence to demonstrate this commitment. Examples may include marriage certificates, records of communication, evidence of future plans together, gifts exchanged for significant occasions, and any emotional support given to each other.

Additionally, demonstrating familiarity with each other’s personal circumstances serves as evidence to the decision-maker that the relationship has matured to a point where commitment is clear.

Challenges in evidencing a genuine relationship

Couples should be aware that there can be difficulties in providing evidence to demonstrate their genuine and committed relationship. This can be addressed proactively by couples in several ways.

Firstly, couples should gather witness statements from individuals who know the couple and can provide examples of their commitment to each other. Secondly, couples should maintain detailed records of all aspects of their relationship so that each pillar can be established in the application. Thirdly, any gaps in the application should be addressed by the couple in a way that outlines how their relationship developed and how it meets the four pillars. Taking these steps before submitting an application to the Department is strongly recommended and can help minimise potential delays that may arise.

For couples who are struggling with gathering the right documents, providing sufficient evidence, or are uncertain if their relationship meets the requirements established by the Migration Act, a lawyer from Australian Migration Lawyers can help.

How Australian Migration Lawyers can help

At Australian Migration Lawyers, we provide comprehensive support to our Partner visa clients seeking to meet the evidentiary requirements associated with ‘the four pillars’. Our team can assist couples by conducting a thorough review of their relationship, assessing the evidence currently available, identifying any gaps, and advising on how these can be addressed. Our team also meticulously reviews all documents and forms to ensure accuracy and minimise the risk of errors. Furthermore, our team can represent couples in communication with the Department and provide expert guidance throughout the entire application process.

For couples seeking to strengthen their Partner visa application and improve their prospects of success, or those who require further information, contact us at Australian Migration Lawyers today.

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Book a consultation

If you are interested in getting more information about your situation, get in touch with Australian Migration Lawyers for a consultation.

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