Can I include My De Facto Partner in a Subclass 189 or 190 visa?
If you are considering applying for a Skilled Independent Visa (Subclass 189) or Skilled Nominated Visa (Subclass 190) under Australia’s General Skilled Migration (GSM) program, it is important to understand your options regarding including your de facto partner in your application.
Can I Include My De Facto Partner in My SC189 or SC190 Visa Application?
Yes, you can include your de facto partner in both the Subclass 189 and Subclass 190 Expression of Interest (EOI) and visa applications. Being in a de facto relationship means that you and your partner are in a genuine and committed relationship.
What are the Requirements for Including Your De Facto Partner?
You have declared to the Department of Home Affairs (DoHA) of your relationship status as you claim points for both GSM visas.
You will have to provide supporting evidence of your relationship. A guide could be following the four pillars framework. Some documents could be:
Joint leases or utility bills
Joint back account statements
Photos together
Personal declarations from friends and family attest to your relationship
Both you and your partner meet the visa eligibility criteria. These requirements may include:
Age
Skills (work experience, skills assessment, etc.)
Qualifications
Why is it important to declare any changes in circumstances?
One important aspect of the application process is the need to update DoHA for any changes in circumstances as soon as they occur, particularly regarding your relationship status. Whether you are applying for a Subclass 189 or Subclass 190 visa, failure to provide updated information can have significant implications.
Related:
What are the Implications of Failure to Update DoHA?
Once you receive an invitation to apply for a Subclass 189 or Subclass 190 visa, you cannot change the information provided and the points in your EOI, including details about your de facto partner. If your relationship status changes, such as a breakup or a new partnership, your points may change, hence you must inform DoHA before the invitation is issued.
Failure to declare a change in your relationship status before receiving an invitation may result in a visa refusal. This is because it may be assessed as providing false or misleading information, which may have serious consequences for your immigration status and future visa applications.
Including your de facto partner in your Subclass 189 or Subclass 190 visa application is possible and a common pathway for many applicants under GSM. However, keeping DoHA updated is just as important, so it doesn’t affect your visa application. Until you receive an invitation to apply, any changes must be notified and failing to do so can jeopardise your visa application.
How Can Agape Henry Crux Help You?
At AHC Lawyers, reach out for professional assistance for your PR visa journey. Consider scheduling a Migration Planning Session with one of our immigration lawyers or Accredited Specialist(s) in Immigration Law to seek professional advice by calling 02-8310-5230 or emailing us to book a time at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. If these aren’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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