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One-Year Relationship Requirement

The one-year relationship requirement applies to people who are applying to settle in Australia as the de facto spouse or interdependent partner of an Australian sponsor. It also applies to the de facto spouses of permanent, student and temporary work visa applicants.

The requirement applies to all such applications made overseas and in Australia.

What is the relationship requirement?

Applicants seeking to demonstrate a de facto or interdependent relationship with their partner must provide evidence that, for the period covering at least the twelve months before the visa application is lodged:

• they had a mutual commitment to a shared life to the exclusion of all others
• the relationship between them is genuine and continuing and
• they live together (that is do not live separately and apart on a permanent basis).

Living together

Living together is regarded as a common element in most on-going relationships. Partners who are currently not living together may be required to demonstrate a high level of proof that they are not living separately and apart on a permanent basis.

What evidence is considered?

It is important that a couple claiming a de facto or interdependent relationship is able to provide evidence that their relationship is consistent with a 'spouse-like' relationship. 
Some of the factors to be considered in deciding whether the partners satisfy the requirement include:

• knowledge of each other's personal circumstances
• financial aspects of the relationship, joint financial commitments such as real estate or other assets and sharing day-to-day household expenses
• the nature of the household, including living arrangements and joint care and responsibility for any children of the relationship
• the social aspects of the relationship, provided in statements (statutory declarations) by friends and acquaintances and
• the nature of the commitment, including duration of the relationship, how long the couple has been living together and whether they see the relationship as a long-term one

Waivers

It is possible for the one-year relationship requirement to be waived in compelling or compassionate circumstances, for example:

• in the case of a de facto spouse relationship where there is a child from the relationship or
• in the case of an interdependent relationship, where cohabitation was contrary to law in the applicant's country of residence.