What are Each of the Relationship Statuses Define Under Australian Migration Law?

We have received many enquiries where primary applicants cannot include their partners on their visa as they were not disclosed in the initial visa application. Knowing the importance of declaring your relationship status when applying for an Australian visa is crucial. Your relationship status influences your eligibility, your family’s eligibility, the type of visa you can apply for, and the documentation required.

What is the Meaning of Each Relationship Statuses Under Australian Migration Law?

Never Married (Single): the primary applicant has never entered into a legally recognised marriage or committed relationship. Don’t select this status if the applicant is in a relationship, and if there are plans to include their partner in the future, as it may affect the partner’s visa application and result in a refusal.
Married: the primary applicant is lawfully married to their partner according to Australian law or the law of the applicant's home country. Their marriage is recognised in Australia. They will need to provide a marriage certificate and evidence of relationship as supporting evidence when applying for Partner visas (Subclass 820/801 or 309/100) or family visas.
De Facto Relationship: The primary applicant is in a committed, genuine, ongoing relationship with a partner but is not legally married. The primary applicant will need to demonstrate the relationship to qualify for partner visas or family visas.
Separated: The primary applicant and their respective partner have decided to break up their relationship. This applies to de facto relationships and legalised marriage, but they have not yet been legally divorced. The applicant must disclose their separation status, which could impact their visa options, particularly if applying as a partner.
Divorced: The primary applicant’s marriage has been legally dissolved through a court-ordered divorce process. The applicant must provide divorce certificates when applying for visas that require proof of relationship status, such as partner visas.
Widowed: the primary applicant’s spouse has passed away, and you are legally widowed. Widows or widowers may be eligible for certain partner or family visas and will need to provide evidence of the death and their relationship history.

Why Your Relationship Status Matters?

Your declared relationship status may impact:

The available visa subclasses and pathways for you.
The documentation and evidence you must submit for your visa application.
The assessment of your relationship’s genuineness and eligibility for partner or family visas.

How Can Agape Henry Crux Assist

Always be honest and truthful when declaring your relationship status. If you are unsure and doubtful of how your situation may affect your visa options, speak with one of our immigration lawyers at Agape Henry Crux for tailored advice on your specific circumstances. Our team of immigration lawyers works together with two of our Accredited Specialists in Immigration Law who specialise in highly complex matters. You can schedule an appointment to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.

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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