From Defacto to Single to Secure Visa Points: Bad Idea?
This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.
From November 2019 single applicants get 10 points towards their skilled visas such as 190 and 189 whilst applicants with a partner will need skills assessment / English score for their partner to get these 10 points. Given that it is quite easy to register and deregister a relationship / civil partnership many prospective migrants might think this is an easy way to get these 10 points and can look to a partner visa in the future.
Condor Migration believes that the Department will absolutely catch those who deregister their relationships and are nonetheless in a de facto relationship meaning people doing this can be accused of providing false and misleading information to the Department, a very serious accusation which can lead to cancelled visas and being banned from entering Australia for some years.
The Department are already used to seeing this sort of behaviour in people applying for contributory parents.
In the recent AAT decision for Zhou, the mother divorced her husband right before applying for the 143 contributory parent visa application. The visa was refused and the Department alleged that the divorce was entered into for purposes of the visa rather than because the relationship actually broke down. The applicants sought an Appeal from the AAT and the same conclusion was found and the visa was refused.
In this case because they were legally divorced there was no false information when the applicants submitted their relationship status as divorced however simply because you do not have a registered relationship does not mean you aren’t in a defacto relationship.
The moral of the story is always to be honest with the Department and if the strategy to get more points seems too good to be true it probably is. If you declare something to the Department you may need evidence to support your statement. And the best evidence? The truth!
Wondering if you might be eligible for a skilled visa? Contact us for a free assessment at info@condormigration.com or by completing our online webform.