Why is Estate Planning important to Migration?


Partner Visas are one of the most common avenues for permanent residency in Australia. Given the potential for fraudulent claims and people trafficking, the Department of Home Affairs is extremely diligent when reviewing these applications to detect any false submissions. Therefore, the evidence you provide in your application is crucial.

If you are considering applying for a Partner visa, you must remember that is an essential requirement that your relationship with your partner or spouse is genuine and continuing. Although you think your relationship is genuine, is it another thing to try and prove that it is.

You are required to demonstrate and prove your relationship through a range of evidence. This is evidence about your relationship, shared financial responsibilities, shared household responsibilities and your commitment to a long term relationship with each other.  This can often be a difficult task as most people generally do not document aspects of their relationship.

One way to prove that you and your partner or spouse are committed to each other and your long term relationship is through estate planning documents. Estate planning documents include Wills, Enduring Power of Attorney and Advanced Care Directives.

If, in your Will, you leave all or some of your estate to your partner, this sends a very strong message to the Department that you care about the relationship and that you are genuinely committed to your partner or spouse. This is also the case where you name your partner or spouse in your Power of Attorney or your decision maker in your Advanced Care Directive.

Although you may not consider estate planning important in your life at this time, these documents will go a long way in establishing that you and your partner are in a genuine and committed relationship and may lead to a successful visa decision.

If you would like to discuss your estate planning, please contact one of our friendly staff at Bambrick Legal today.


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