“De Facto” or “Married” for an Australian Partner Visa?
When a couple are in a civil partnership in the UK, should they use “De Facto” or “Married” when lodging an Australian Partner Visa application?
I would suggest using “De Facto”, as you are not in a a legal marriage.
It probably comes down to this rule, and the following UK rules on the difference between Marriage and Civil Partnership:
- A UK Civil Partnership is not recognised as marriage in Australia.
UK Legal View on Marriage or Civil Partnership
In the UK a Marriage is a separate legal regime from a civil partnership, and married couples cannot call themselves civil partners for legal purposes.
That is according to: www.gov.uk/government/…/marriage-and-civil-partnership-in-england-and-wales
- Civil partners cannot call themselves ‘married’ for legal purposes, in the UK.
- Married couples cannot call themselves ‘civil partners’ for legal purposes, in the UK.
- If a civil partnership is being entered into outside England & Wales for the most part this cannot be converted to a marriage in England & Wales.
That last part indicates that the UK does not recognise a foreign civil partnership (De Facto) as a marriage. This could well be the same as the Australian position.
I am not sure how this works for Scotland.
I am also not an expert on this, and would suggest getting Migration Agent advice, if you have not been living together for a year or more.
If you have been together for 1 year or more, there appears to be no difference in the Australian Partner Visa application, between a married couple of a de facto couple.
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