Respall Migration Australia

Defacto Visa Pathway

Australia Visa Requirements for De facto applications - quicker & easier

  • 5-Step Automated Australian e-De Facto Visa Application Process
  • Fixed Price Service Contract
  • Helping Filipino Visa Grants Visit Australia For 15 Years
  • Offices Located In Makati City, Philippines and Sydney, Australia
  • Two (2) Registered Migration Agent in the Philippines from Australia
  • Member of Migration Alliance
  • Justice of the Peace in the States of New South Wales and Queensland

"Being apart from your loved one is an unpleasant and often stressful time and as migration specialists, with over 15 year experience helping hundreds of Filipino visa grants move to Australia, we are ready to start your journey towards a wonderful life together. I understand what it is like to leave the Philippines and move to Australia - I did it myself in the late Sixties. RESPALL (Migration) Australia (RMA) has developed a unique pathway for e-de facto application with simplified visa documentation and continuous support systems when you arrive in Australia. It takes away the uncertainty and fuss and is available for a single fixed fee which will include any other family members in the application. There are no hidden surprises later on. Call us today and before you know it you will be Down Under with your partner again."

Jose Respall, Founder & Director
Registered Migration Agent #9901644

Join your de facto partner sooner than you think! Join them NOW!

We know you want to be reunited as soon as possible which is why RMA will lodge a Visitor's Visa or Tourist Visa at the same time as your specific Partner Class UF and Subclass 309 (de facto) visa application electronically online. We were the first Australian migration agent in the Philippines to lodge an e-partner visa on the 11th of December 2013. By doing this we intend to have you departing for Australia from the Philippines while we await for approval of the De Facto Visa Application. This is just one of the initiatives that we provide.

From our first contact with you we explain the process and show you the process that will be required. We have taken great care to develop our unique 5-step de facto visa pathway process with straightforward easy-to-understand in-house checklists and pre-populated Department of Immigration and Border Protection (DIBP) forms. We've taken out the legal-speak and jargon and there is a 'how-to video with each of the documents'. The electronic templates can be completed online and returned via email which speeds up the lodgement process. Should you require in-person assistance we have offices in Makati City and Sydney.

We are with you each step of the way.

The Golden Gateway Customer Service ™ Experience

RMA is motivated by a Code of Conduct which exceeds the Code of Conduct demanded by our profession.

Our Code of Ethics is based on:

  • Honesty and Integrity
  • Empathy - "Placing Our Feet In Your Shoes"
  • Accountability
  • Respect
  • Attention to Detail
  • Communicating with VIBER, SKYPE, TANGO,YAHOO, EMAILS, MOBILE, FACEBOOK
  • Harmony and Agreement

It is what we refer to as the Golden Gateway Customer Service™ and it is one reason why so many of the growing network of Filipinos we have assisted in the past remain in contact with us and are more than happy to help you settle in to your new and exciting country.

One Year Relationship Requirement

Certain Filipinos wanting to settle in Australia permanently as the de facto partner of an eligible Australian sponsor are required to be in a relationship with that Australian sponsor for at least one year before they can apply.

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

What is the relationship requirement mean for Filipino applicants?

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

  • The Filipino applicant and the Australian sponsor had a mutual commitment to a shared life to the exclusion of all others
  • the relationship between the Filipino applicant and the Australian sponsor is genuine and continuing
  • The Filipino applicant and the Australian sponsor live together, or do not live separately and apart, on a permanent basis.

Living together … What does it really mean for the Filipino applicant?

Living together is regarded as a common element in most on-going relationships.

The Filipino applicant and the Australian sponsor 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 from the Filipino applicant and their Australian sponsor?

It is important that a couple (including same-sex couples) claiming a de facto relationship are able to provide evidence that:

  • The Filipino applicant and the Australian sponsor have a mutual commitment to a shared life to the exclusion of all others
  • The relationship between the Filipino applicant and the Australian sponsor is genuine and continuing
  • The Filipino applicant and the Australian sponsor have been living together or have not been living separately and apart on a permanent basis.

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, other assets, nominated in a Superannuation plan, shares and the 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, other Australian and Filipino family members and acquaintances
  • the nature of the commitment, including duration of the relationship, how long the Filipino and Australian couple has been living together and whether they see the relationship as a long-term one.

Waivers of One Year Relationship Requirement for Filipinos

The one-year relationship requirement does not apply if the Filipino applicant and the Australian sponsor can establish that there are compelling and compassionate circumstances for the grant of the visa. For example:

  • in the case of a de facto partner relationship where there is a child from the relationship
  • at the time of application of the partner visa at the Australian Embassy in Manila or online application, the de facto relationship was registered as a prescribed relationship in the relevant Australian state or territory legislation
  • in the case of a same-sex de facto relationship, where cohabitation was contrary to law in the applicant's country of residence.

Commonly asked questions from Filipino applicants and their Australian de facto Partners

Q. I have been in a de facto relationship for 11 months. Do I still have to wait for another month before I can apply?

A. Although a Filipino may apply now, your application may not be approved prior to the one year requirement unless you are eligible for the requirement to be waived. You may choose to defer making an application until you and your Australian partner can meet the one-year relationship requirement.

Q. My Australian partner and I met when we were travelling around the world and realise now that we want to remain together. Does our time travelling together count towards the one year requirement?

A. When a Filipino applies for a partner visa and are not married to each other, they must be able to provide evidence that for at least 12 months prior to making the application:

  • The Filipino applicant and the Australian sponsor had a mutual commitment to a shared life to the exclusion of all others
  • The relationship between the Filipino applicant and the Australian sponsor was genuine and continuing
  • The Filipino applicant and the Australian sponsor had been living together or had not been living separately and apart on a permanent basis.

If your de facto relationship has been on a more casual basis with your Australian sponsor you may not be able to meet the one-year relationship requirement.

Example: You travelled together and shared accommodation, but you each had your own money, paid your own expenses and made no long-term plans for your future until recently.

You may need to establish your relationship for a longer basis before you make the decision to apply for partner migration under a de facto application.

Q. My job in Australia does not allow me to travel to the Philippines to live there for long periods. My Filipino partner and I have been in a relationship for 12 months but lived together for only eight months. Will I be eligible to sponsor my partner to Australia?

A. You may be eligible. It is recognised that it is possible for the parties to be physically apart for periods of time, due to work or travel commitments, yet committed to a shared life.

In assessing a relationship, a number of factors other than periods of physical cohabitation are taken into account.

Q. I have been in a same-sex relationship for less than one year but I cannot stay in my de facto partner's country because of attitudes against same-sex relationships. How can we demonstrate that we are in a genuine relationship?

A. Unless you are able to prove that you and your Filipino de facto partner were prevented from living together because of the laws of your Filipino partner's country of residence, the application is likely to be refused. You may defer making an application until you and your Filipino partner have been in the de facto relationship for twelve months. Remember, when assessing a relationship, a number of factors other than the period of physical cohabitation are taken into account.

I want to apply for migration to Australia under the SkillSelect from the Philippines. I have a de facto partner and we have been in this relationship for seven months. Will this requirement apply to us?

The requirement applies to applicants for permanent migration who are in a de facto relationship at the time of their application and their de facto partner is included in their application.

Under permanent skilled migration categories, there are no provisions to add family members if the primary and secondary applicants do not make a combined application. The secondary applicants or dependants can only lodge a Partner visa application after the Filipino primary applicant's permanent skilled visa application has been granted.

Under certain provisional skilled migration categories, there are provisions to apply subsequently as family members after the application of the main applicant has been granted.

Q. I have been in a de facto relationship with my partner in the Philippines for less than one year. My Filipino partner has a child from a previous relationship who will be migrating with them. Can the requirement be waived in our case?

A. The one-year requirement may be waived where there is a child of the relationship and you and your Filipino partner are both parents of the child (for example, through birth or adoption).

My Australian partner and I met over the internet and we established a close relationship before we had physically met in the Philippines. Can the time since we began our relationship before meeting be considered as part of the relationship requirement period?

No. The period where the Filipino applicant and the Australian sponsor were in contact over the internet or by other means before actual meeting cannot be considered against the one-year relationship requirement.

Q. If my Filipino partner's application is refused can we appeal against this decision?

A. Yes. Where the application has been made in Australia, the Filipino applicant may seek a review of the decision with the Migration Review Tribunal. If the application was made outside Australia, the Australian sponsor has the right of applying for review of the decision with the Migration Review Tribunal.

About The De Facto Visa Requirements For Filipinos

The visa allows the Filipino applicant to enter or remain in Australia on the basis of their de facto relationship with their eligible Australian partner:

  • on a temporary visa (usually for a waiting period of approximately two years from the date you applied for the visa)
  • on a permanent visa if, after the waiting period (if applicable), your Australian partner relationship still exists and you are still eligible for this visa.

Your eligible Australian partner must provide sponsorship for you.

Who is this visa for? Can a Filipino apply for this Australian Visa?

This visa is for a Filipino applicant if you want to enter Australia on the basis of your de facto relationship with your eligible Australian partner. Your de facto Australian partner must be one of the following:

  • an Australian citizen
  • an Australian permanent resident
  • an eligible New Zealand citizen.

Note: As the partner or fiancé of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, the Filipino applicant does not have an automatic right of permanent residence in Australia. If the Filipino applicant wants to reside permanently in Australia they must first apply for a permanent visa and be assessed against the legal conditions for the grant of that Australian visa once they have arrived as a Filipino in Australia.

How much is the de facto Visa Application Charge (VAC) for a Filipino applicant?

There is a Visa Application Charge (VAC) for these types of lodgements. This will usually not be refunded if the Filipino application is unsuccessful, or if the Filipino applicant or Australian Sponsor decides to withdraw their application after they have lodged it. The VAC covers the Filipino applicant and all family members included in their application

http://www.immi.gov.au/Help/Pages/fees-charges/visa.aspx

What does the de facto visa let Filipino applicants do?

The table below gives a summary of what a Filipino do in Australia if they have a temporary or permanent Partner visa.

Visa type What you can do in Australia Partner temporary visa (subclass 309) (de facto)
Partner temporary visa (subclass 309) (de facto)

A Filipino is permitted to enter or remain in Australia with their Australian partner, until a decision is made regarding their permanent visa

The Filipino is entitled to work in Australia

The Filipino is entitled to study in Australia, but they will not have access to government funding for tertiary study until they apply for permanent residency

A Filipino may enrol for Australia's medical benefits expenses and hospital care scheme, Medicare.

How The De Facto Visa works For Filipino Applicants

Applying for temporary and permanent visas

A Filipino applicant may apply for both a temporary visa and a permanent visa by completing and lodging an application with DIaCat the Australian Embassy in Manila.

  • If the Filipino applicant meets all the conditions for the grant of the visa, they may be granted a temporary Partner (Class UF) (de facto) visa (subclass 309). This Australia visa remains valid until a decision is made on the Filipino applicants permanent visa(Class BC) (subclass 100), which is usually two years after the Filipino applicant initially visa grant for their Australian de facto visa.
  • If the Filipino applicant still meets all the Australian de facto visa requirements when their application is considered after the waiting period usually 2 years, they may be granted a permanent Partner Australia (de facto) Visa (Class BC) (subclass 100).
  • However, the Filipino applicant may be granted a permanent visa without having to wait if they can demonstrate one (1) of the following:

  • at the time the Filipino applicant applied for the Australia visa, they had been in a de facto relationship with their Australian partner for three (3) years or more
  • at the time the Filipino applicant applied, they had been in a de facto relationship with their Australian sponsor partner for two years or more, and there is a dependent child of their relationship

Note: Generally, Filipino applicants should be living with their eligible Australian partner in a de facto relationship at the time they apply.

Responsibilities applicable to the Filipino applicant and Australian Sponsor Partner

Key responsibilities when obtaining and using a Partner (de facto) visa are summarised in the chart below.

Person Responsibility
Australian Sponsor and Filipino applicant Be in a de facto relationship with their Filipino applicant prior to lodging an application at the Australian Embassy in Manila, Philippines.
Australian Sponsor Be prepared to sponsor the Filipino applicant and any of their dependent family members also included in the application and who are migrating with the primary Filipino applicant.
Filipino Applicant

Complete and lodge their application including all forms, supporting documentation and visa application charges (VAC).

Note: The Filipino applicant will apply for a temporary and a permanent Partner (de facto) visa at the same time. If the Filipino applicant is granted a temporary Partner (de facto) visa, there is no need to lodge another separate application for your permanent Partner visa.

If the Filipino applicant can meet all the legal criteria, they may be granted a temporary Partner (de facto) visa.

Australian Sponsor and Filipino Applicant

After the grant of a temporary Partner (de facto) visa, the Australian sponsor and Filipino applicant must maintain their relationship and meet all legal requirements when a decision is made on the Filipino applicant's permanent Partner (de facto) visa (usually a two year waiting period from the time the application was lodged).

A permanent Partner (de facto) visa may be granted at the end of the waiting period if the Australian sponsor and Filipino applicant still meet all legal requirements.

Australian Visa validity period for the Filipino applicant

If the Filipino applicant is granted a temporary Partner visa, it is normally valid throughout the waiting period until a decision is made on their permanent Partner (de fact) visa application.

If you are granted a permanent Partner (de facto) visa, it will allow the Filipino applicant to remain in Australia permanently.

The Filipino De Facto Applicants Eligibility

General De facto Visa Requirements

The Filipino applicant must be at least 18 years at the time of the Australian de facto visa application.

The Filipino applicant must not be related by family to their Australian partner. This means the Filipino applicant and their Australian sponsor must not:

  • be an ancestor or descendant of one another
  • have a parent in common.

Related by family includes relationships traced through an adoptive parent, and for this purpose, also includes any adoption that may have been declared void or has ceased to have effect.

Sponsorship of a Filipino application for a De Facto application in the Philippines

The Filipino applicant must be sponsored by an eligible Australian sponsor. An eligible sponsor is an Australian citizen or permanent resident, or an eligible New Zealand citizen, who undertakes sponsorship obligations. Generally, the eligible Australian sponsor is the de facto partner of the Filipino applicant.

De Facto Relationship between the Filipino applicant and the Eligible Australian sponsor

The Filipino applicant and their eligible Australian partner must have been in a de facto relationship for the entire 12 months immediately prior to lodging your application.

The 12-month relationship requirement may be waived if, at the time of application, one of the following situations applies:

  • The Filipino applicant and eligible Australian partner can demonstrate compelling and compassionate circumstances, such as if you have children with your partner.
  • The Filipino applicant and eligible Australian partner had registered their de facto relationship in the appropriate State or Territory.

Note: De facto relationship registration is not available in all states and territories. Please check with RMA regarding this matter.

The Filipino applicant and their eligible Australian partner must show a mutual commitment to a shared life to the exclusion of all others. The Filipino applicant and their Australian partner must be living together or, if not, any separation must be only temporary. The Filipino applicant must also have a genuine and continuing relationship with your eligible Australian partner.

Health requirements for Filipino applicants and Eligible New Zealand Citizen sponsors

If the Filipino applicant has an eligible New Zealand Citizen sponsors they both must meet certain health requirements. Please do not undertake a health check unless requested to do so by DIBP. For Filipinos applying for a de facto application with eligible New Zealand Citizen please contact RMA first to ensure the additional requirements are understood clearly.

Character requirements of the Filipino in Australia and certain Australian eligible Sponsors

Filipino applicants must meet character requirements. In certain circumstances the eligible Australian sponsor may also be require to meet character visa requirements.

When may a Filipino applicant not be eligible to be granted a de facto visa

If the Filipino applicant is applying outside Australia and they or their accompanying Filipino dependent family members have a debt to the Australian Government, you may not be granted a visa until satisfactory arrangements have been made to pay that debt.

If the Filipino applicant believes that they or their are accompanying Filipino dependent family members have an outstanding debt to the Australian Government, they should advise RMA of this possibility for arrangements to be made to rectify this matter.

Australian Values Statement by the Filipino Applicant and any dependent family members

If the Filipino applicant or any of their eligible dependents are aged 18 years or over, they are all required to sign an Australian values statement. The statement is included in their visa application form and all applicants aged 18 years and over will need to sign it to confirm that they will respect the Australian way of life and obey Australian laws.

The Australian De Facto Sponsors Eligibility

The eligible Australian sponsor must meet the following requirements to be eligible to sponsor a Filipino applicant for this visa.

Eligibility standards for Australian Sponsors

To be an eligible sponsor for a Filipino de facto application for lodgement at the VIA Centre in Manila or our preferred way of online e-partner visa applications the Australian de facto partner must be all of the following:

  • an Australian citizen or an Australian permanent resident or eligible New Zealand citizen who wants to sponsor the visa applicant as your Filipino partner to Australia
  • be in a de facto relationship with your Filipino partner
  • if in a de facto relationship, they must be both aged over 18 years of age.

New Zealand citizen eligibility for a successful Filipino de facto visa application in the Philippines.

If you are an eligible New Zealand citizen who is sponsoring their Filipino partner, you must meet health and character requirements. The department will contact you to advise if you need to undertake health examinations and character checks. RMA can organize this on behalf of their de facto visa applications.

When is an Australian sponsor not eligible to support a Filipino de facto application

The Australian sponsor may not be able to sponsor their Filipino partner if any one of the following applies:

  • The Australian de facto partner in not an Australian citizen, Australian permanent resident or eligible New Zealand citizen
  • The Australian de facto partner had previously sponsored two other partners for migration to Australia (including sponsorships they may have withdrawn where their former Filipino partner obtained permanent residence on family violence grounds)
  • The Australian de facto partner had sponsored another partner within the last five years
  • The Australian de facto partner was sponsored for a partner visa as a partner themselves within the last five years
  • The Australian de facto partner is a holder of a Woman at Risk visa (Subclass 204)
  • The Australian de facto partner has a conviction or an outstanding charge for an offence against a child.

If the Australian de facto partner had previously sponsored or been sponsored, they may still be permitted to sponsor their Filipino partner in compelling circumstances, such as:

  • If the Australian de facto partner's previous Filipino partner has died or abandoned the relationship leaving young children
  • If the Australian de facto partner relationship with your current Filipino partner is long standing (that is, two years or more)
  • If the Australian de facto partner and their current Filipino partner have dependent children of their relationship
  • If the Australian de facto partner's past sponsorship(s) occurred before Nov. 01, 1996.

Current and previous Filipino contributory parent category visa-holders

If the Australian sponsor had been granted a contributory parent category visa on or after 1 July 2009, they are unable to sponsor their Filipino partner or fiancé for five years from their visa grant date if they were in a de facto relationship with that Filipino person on or before the date they were granted the last contributory parent category visa. There are some exceptions to this limitation in compelling circumstances.

Australian Sponsorship limitation and best interests of the Filipino child

Where a Filipino applicant includes a dependent family member less than 18 years of age in their application, the sponsorship cannot be approved (except in very limited circumstances) where the sponsor has a conviction or an outstanding charge for an offence against a child. There is also a requirement that there is no compelling reason to believe that the grant of the visa would not be in the best interests of them in or Filipino dependent family member.

In order to assess the sponsorship application and the best interests of the Filipino child requirement, sponsors of children under 18 years of age are required to submit an AFP National Police Check and/or foreign police certificate/s, depending on the sponsor's circumstances. If the sponsor has spent a total of 12 months or more in Australia since turning 16 years of age, the sponsor must provide an AFP National Police Check. The sponsor must also provide police certificates from each country in which they have spent a total of 12 months or more in the last 10 years since turning 16 years of age.

The Filipino De Facto Applicants Family Member Eligibility

The Filipino applicant may include the following Filipino dependent family members in their de facto visa application which is lodged at the VIA Centre in Manila or through our e-partner online electronic portal through our office::

  • The Filipino applicants dependent children
  • The Filipino applicants other dependent relatives.

To be included in the Filipino applicants visa application, dependent Filipino family members must meet the following requirements. All the Filipino applicants dependants, whether migrating with you or not, must meet health and character requirements. If not, the Filipino applicant may not be granted a Partner (De facto) visa.

Dependent children of Filipino Applicants

A person is the Filipino applicants' dependent child if they are their child or step-child and they meet one of the following requirements:

  • they are under 18 years of age, or
  • if they are aged 18 years or over, they have been wholly or substantially dependent on you for a substantial period (at least 12 months) for their basic needs (food, clothing and shelter) and the reliance on the Filipino primary applicant is greater than any other person, or
  • if they are aged 18 years or over, they are wholly or substantially dependent on the Filipino applicant because they have a total or partial loss of their bodily or mental functions that stops them from earning a living (whether or not they migrate with you).

Note: If the Filipino child (regardless of their age) is married, in a de facto relationship or is engaged to be married, they will not be considered to be a dependent.

Dependent children may, in some cases, be added to your application after it has been lodged.

Sponsorship limitation and best interests of the Filipino child

Where a Filipino applicant is under 18 years of age, the sponsorship cannot be approved (except in very limited circumstances) where the eligible Australian sponsor has a conviction or an outstanding charge for an offence against a child. The Filipino applicant will also need to satisfy the requirement that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the Filipino applicant.

In order to assess the sponsorship application and the best interests of the Filipino child requirement, eligible Australian sponsors of children under 18 years of age are required to submit an AFP National Police Check and/or foreign police certificate/s, depending on the sponsor's circumstances.

Other Filipino dependent relatives

A person is the Filipino applicants' dependent relative if they are one of the following:

  • The Primary Filipino applicant's parent, brother or sister; step-parent, step-brother or step-sister; grandparent, grandchild, aunt, uncle, niece or nephew, step-grandparent, step-grandchild, step-aunt, step-uncle, step-niece or step-nephew, and all of the following
  • not your dependent child
  • single, such as a widowed aunt, etc.
  • usually resident in your Filipino household
  • wholly or substantially and financially reliant on the Filipino applicant for their basic needs such as food, clothing and shelter
  • reliant on the Filipino applicant for a substantial period (at least 12 months)
  • more reliant on the primary Filipino applicant for that support than on any other person or source.

Note: This all depend in the age of the above dependent relative and Filipino applicants and Australian sponsors should consult RMA first due to the June, 2 2014 changes

Health visa requirement for Filipino dependents

All your Filipino dependants, whether migrating with the Primary Filipino applicant or not, must meet the health and character requirements. Do not undertake a health check unless requested to do so by DiBP.

Character requirement

All your Filipino dependants, whether migrating with you or not, must be of good character.

Australian Values Statement signed by the Filipino applicant and their dependents

All Filipino visa applicants who have turned 18 years of age are required to sign an Australian values statement. The statement is included in the visa application form and all applicants aged 18 years of age and over will need to sign it.

Source DIBP Website

RESPALL (Migration) Aust.
Visa Grants for Filipinos

We are Registered Migration Agents in the Philippines and in Australia with The Office of the Migration Agents Registration Authority. We are Members of the Migration Alliance.

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