Answer by Kert Stavorn, Belmore 2192 NSW

• Yes. Since 1 July 2009 same sex couples can apply for a De Facto Partner visa. They no longer need to satisfy the requirements of an Interdependency visa. You will now be assessed as a de facto couple similar to other de facto relationships. If successful you will be granted the same temporary Partner visa (subclass 820) as married partners. This is also for a 2-year period after which you must show that you and your partner are still in a genuine and ongoing relationship. Once this requirement is satisfied you will then be granted the permanent resident visa (subclass 801).
• In order to prove that you are in a de facto relationship you must provide proof of the following:
  • that you and your partner have been together as a couple for at least 12 months prior to making the application;
  • that you hold a substantive visa;
  • that you  . do not have a condition 8503 on your visa label; and
  • satisfy health and character requirements.
• You would need to submit the following documents upon application for a De Facto visa:
  • at least 2 statutory declarations from friends or relatives stating how they know you as a couple and that your relationship is genuine;
  • a statement of history of your relationship which should include the following:
    • when, where and how you met;
    • where and for how long you have lived together;
    • how you share your domestic arrangements;
    • how you share your finances and bills;
    • how you socialize as a couple;
    • what your plans are for the future; and
    • whether you give each other emotional support;
  • evidence such as joint bills, joint accounts, leases, wills or powers of attorney;
  • evidence of ongoing contact during periods apart from each other; and
  • certified copies of your:
    • passport;
    • birth certificate;
    • Australian citizenship certificate; or
    • Permanent Residency visa.