Partner visas can be complicated, especially the de facto visa. Like all Australian visas, the de facto partner visa has strict requirements. In this article, we explore some of these requirements and answer common questions.
The Partner Visa Australia Structure
Couples seeking to become permanent residents or Australian citizens can apply for a permanent partner visa if one partner is already an Australian citizen, permanent resident, or an eligible New Zealand citizen. There are two main paths for a visa applicant; each of them demands a considerable amount of evidence:
Partner Visa Subclass 820/801 (Onshore)
This type of visa is for couples already living in Australia, including those in a de facto relationship.
- Apply while living in Australia
- The applicant is initially awarded a temporary visa (such as a Bridging Visa), which lets them live in Australia during the processing of a permanent visa application
- After a period of two years, they can be eligible for a permanent partner visa
Partner Visa Subclass 309/100 (Offshore)
This type of visa applies when one of the partners is living in another country.
- The visa applicant is living outside Australia when applying
- They can be granted a temporary partner visa 309
- You may be eligible for permanent residency after two years
NOTE: Some couples with compelling evidence can be awarded both visas simultaneously. Our experienced immigration lawyers can advise if you qualify. Ask us now
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Australian Partner Sponsorship
Your partner’s sponsorship is a significant part of the de facto partner visa process. Their backing is essential for your de facto partner visa application to proceed. Your sponsor must be:
- An Australian citizen, permanent resident, or eligible New Zealand citizen
- At least 18 years old
The sponsor is required to do the following:
- Provide a written statement confirming their relationship with you and their commitment to your future together.
- Submit supporting documents, such as their passport, birth certificate, and proof of their status as an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Meet particular character and health requirements, as the Australian government takes the responsibility of sponsorship seriously.
What is a De Facto Partner Visa?
A de facto partner visa in Australia is designed for couples who are in a genuine de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
- ‘Partner visa Australia’ is a common term for the de facto visa program that allows unmarried partners to move together to Australia under a Partner Visa (subclass 820) and (subclass 801).
- This temporary visa enables the de facto partner to live in Australia while they progress to becoming an Australian permanent resident.
- The visa is intended for individuals in a genuine relationship who live together and are looking to live permanently in Australia with their partner.
The meaning of de facto relationship under Australian Immigration Law
The phrase ‘de facto‘ is commonly used to mean ‘in practice but not officially established by law.’ This tells us two things.
- The first is that your relationship may resemble a marriage, even though you are unmarried.
- The second is that it is factual, and therefore, you can prove that it is genuine and ongoing.
Under Australian immigration law, you are in a de facto relationship if ALL of the following are true.
- You are not married to each other
- You have a mutual commitment to a shared life, excluding all others.
- Are in a genuine and continuing relationship
- Live together on a permanent basis (not separately and apart)
- You are not related by family
What are the Eligibility Requirements for a Defacto Visa Application?
To be eligible for a de facto partner visa, you must be the partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. The visa is designed for people who are in a genuine relationship, living together on a genuine domestic basis.
- Whether you are in a same or different sex relationship, you may be eligible to apply if you can demonstrate a mutual commitment to a shared life.
- The de facto partner visa is available to couples who are not legally married but can provide evidence of their ongoing and genuine relationship.
- You must be able to show that your relationship is authentic through financial, social, and domestic evidence
In certain Australian states or territories, relationship registration can be used as an alternative to the 12-month cohabitation requirement (covered in the next section)
Minimum 12-month requirement for a de facto relationship with some exceptions
To apply for a de facto visa you must be able to prove that:
- You have been living together for at least 12 months
- This living arrangement happened right before you submitted your application
NOTE: Time spent dating or in an online relationship does not count toward the one-year living together requirement.
This condition doesn’t mean that you must have been living together 100% of the time. Temporary separations are sometimes necessary, for any number of reasons. But, your status of living together must be permanent despite a temporary period apart.
The Department will require more evidence if you are not living together that proves you are not living separately and apart on a permanent basis.
What if I have been in a de facto relationship for almost a year?
In simple terms, almost a year is not a year. But that doesn’t mean you can’t apply, even if you and your partner have only been in a de facto relationship for 11 months. If you choose to do this, be aware that there are extremely strict guidelines about applying sooner. If you cannot meet that criteria, you are likely to face a visa refusal.
By contrast, if you are in a married relationship, the eligibility requirements differ, as married couples may have different evidence requirements compared to de facto partners.
But there is a way around the 12-month rule...
You can bypass the 12-month living together requirement if you register your relationship with an Australian state or territory with a formal relationship register, which can help:
- People in a long-distance de facto relationship
- Couples who have lived together for less than 12 months
- De facto couples whose living circumstances makes it impossible to live together
Where can I register a de facto partner relationship?
You can create a registered relationship for same-sex or different sex couples in these Australian states and Territories.
- Australian Capital Territory
- Queensland
- New South Wales
- Victoria
- South Australia
- Tasmania
NOTE: You will need proof of identity and residence in that state or territory to complete this process, which generally takes 28 days after the cooling-off period.
Evidence Required for a De Facto Partner Visa Australia
Evidence for de facto relationships is similar to the proof required for other permanent partner visas, except that de facto couples (of the same or different sex) need to provide a broader range of evidence, including the following:
| Category | Type of Evidence |
|---|---|
|
Financial |
|
|
Household |
|
|
Social |
|
|
Commitment |
|
- If you are legally married, a marriage certificate is sufficient as evidence
- A registered relationship certificate can also be used as evidence
- Acceptable identity documentation includes a national identity card, passport, or other official documents
How Much Does a De Facto Partner Visa Cost?
Here is a breakdown of the application costs for Australian de facto partner visas.
| Type of Applicant | Price |
|---|---|
|
Primary Partner |
From AUD $9,365 for both the temporary and permanent partner visa. |
|
Dependent Children under 18yo |
AUD $2,345 |
|
Dependent Children over 18yo |
AUD $4,685 |
What is the De Facto Visa Application Process?
There are several steps in the de facto partner visa application process
- Gather comprehensive evidence of your de facto relationship, such as joint bank account statements, shared utility bills, and documents showing your shared life together.
- Submitting a combined application for a temporary partner visa is the first step in the de facto visa application process.
- As part of the process, you may be required to attend an interview to discuss your relationship and provide further details.
- All applicants must meet strict health and character requirements, which means providing police certificates and undergoing medical examinations as requested by Home Affairs.
Both the temporary and permanent partner visas allow applicants to bring dependents with them when they move to Australia. Because the process can be complex and the requirements are detailed, many applicants choose to seek help from a registered migration agent or Australian immigration lawyer to ensure their application is as strong as possible.
De Facto Visa Benefits
Holding a de facto partner visa comes with a range of benefits. As a visa holder, you can:
- Live and work in Australia
- Access Medicare and other government services
- Be eligible for some social security benefits.
- Enjoy the security of being with your partner
De facto visa holders have access to the Australian government healthcare plan (Medicare). In addition, they may be able to sponsor family members for Australian visas, further supporting your loved ones. This visa lets you truly settle down with your partner, making Australia your forever home.
Family Violence Considerations
If you’ve faced family violence during your de facto relationship, you might still qualify for a de facto partner visa, even if you don’t meet all the typical requirements. That’s because the Department of Home Affairs understands the impact of family violence and will carefully assess your situation, but you will need proof such as:
- Police reports
- Medical certificates
- Statements from support services
The Department will also take into account the best interests of any children involved in the relationship.
Same-Sex Relationships and Australian Visas
In December 2017, same-sex marriage was legalised in Australia, allowing legally married same-sex couples to enjoy the same rights as opposite-sex couples when applying for a partner’s visa.
If you’re in a married relationship that’s recognised under Australian law, you don’t need to prove the 12-month cohabitation rule. If you got married overseas, and the country where you tied the knot also recognises same-sex marriage, then your marriage is probably going to be recognised here too!
Still, you will need evidence that proves your relationship is genuine and ongoing.
Prospective Marriage Visa Application
An alternative to the de facto visa is the prospective marriage visa (subclass 300), which allows a prospective spouse to enter Australia for a prospective marriage and then apply for a partner visa. This type of Australian is for couples who are:
- Planning to be in a married relationship (engaged)
- Are not living in a de facto relationship
- Plan to be in a married relationship within 9 months of living in Australia
However, this visa does not assist couples who don’t qualify for a partner visa, as the Department of Home Affairs requires the use of the 309/100 and 820/801 pathway for de facto partner relationships.
My partner is living in another country, but we’ve been de facto for more than a year. Are we still eligible?
Your partner may be eligible for a partner visa. If you are in a genuine and continuing relationship, and can prove it, then your application may be valid even if you are apart.
This is where it is extremely important that you are able to prove the nature of your relationship in great detail. You must be able to cover all areas (from social to financial aspects).
More about partner visa evidence
We met online; can the ‘virtual’ period be considered part of the relationship?
Generally speaking, no. You must be able to prove that you have met and have been living together. The one year requirement starts only when you start living together.
Please read our article about online dating and partner visas here. It will give you more information about what
I think we are eligible for the de facto relationship requirement. What do we do now?
The best thing to do is get in touch with an experienced partner visa lawyer to make sure you have the best chance of gaining your visa. By sending us an email, you’ll be off to a good start. Contact us here >
Australian De Facto Partner Visa FAQs
How long does a de facto visa last?
In Australia, a de facto visa, also called a Partner visa (subclass 820/801), is issued in a 2-stage process – temporary and permanent.
- The temporary 820 visa is valid until the permanent 801 visa is decided
- Once issued, the 801 visa is permanent with no end date
How long does it take to get a de facto partner visa in Australia?
An Australian de facto partner visa (subclasses 820/801 or 309/100) usually requires 12 to 27 months to process, though this time might vary considerably.
Can I bring my unmarried partner to Australia?
You could bring your unmarried partner to Australia when you have enough evidence to prove your de facto relationship is genuine and long-term (minimum 12 months living together).
You can then start the partner visa application process.
What is the difference between a de facto and partner visa?
Under Australian immigration law, “de facto” and “partner” both reference the same type of partner visas: (subclasses 820/801 or 309/100).
For visa purposes, the phrase “de facto” relates to the applicant’s connection with their Australian partner, which is not legally married.
What is the permanent residency 5-year travel rule?
For five years after getting their visa, permanent residents of Australia can leave and come back to the country. This is called the “five-year travel facility.”
After the first five years, they will need to obtain a Resident Return Visa (RRV) (Subclasses 155 and 157) to continue moving in and out of Australia as a permanent resident.
