Navigating the complex world of Australian immigration can be daunting, especially when you apply for a De Facto Partner Visa. As a result, I, as an experienced immigration lawyer, have witnessed firsthand the challenges couples face when reuniting or staying together in Australia. Thus, this guide aims to simplify the process and provide you with all the essential information you need. Whether you start your journey or are already deep into the application process, this comprehensive guide will serve as your go-to resource.
What is a De Facto Partner Visa?
A De Facto Partner Visa lets a non-Australian citizen live in Australia. This is based on a genuine, ongoing relationship. Additionally, the relationship must be with an Australian citizen, permanent resident, or eligible New Zealand citizen. Furthermore, this visa applies to couples who are not legally married. However, they must prove their relationship is as committed as marriage.
Two Stages of the Visa
- Provisional Visa (Subclass 820 or 309): The first step is to obtain a temporary visa. Specifically, if you are in Australia, you should apply for Subclass 820. Conversely, if you are applying from outside Australia, you should choose Subclass 309. This visa allows you to live, work, and study in Australia while your permanent visa application is being processed.
- Permanent Residence Visa (Subclass 801 or 100): After holding the provisional visa for two years, you can apply for a permanent visa. Specifically, you may apply for Subclass 801 or 100. Once granted, this visa provides you with indefinite residency in Australia. Consequently, you will enjoy all the benefits of being a permanent resident.
Eligibility Criteria of Partner Visa
Understanding the eligibility criteria is crucial for a successful application. To qualify for a De Facto Partner Visa, you and your partner must meet several requirements:
- Genuine and Ongoing Relationship: You must prove that your relationship is genuine and ongoing. To do this, demonstrate emotional, financial, and social interdependence. For example, provide evidence like joint bank accounts, shared bills, photos, and statements from friends and family.
- Cohabitation: You and your partner generally need to live together for at least 12 months before applying. However, temporary separations are acceptable if they are not permanent and your relationship remains ongoing.
- Registered Relationship: If you register your relationship under Australian law, you might not need to meet the 12-month cohabitation requirement. Specifically, you can register your relationship in states and territories such as Victoria, New South Wales, and Tasmania.
- Commitment to a Shared Life: You and your partner must prove your commitment to sharing a life together. For instance, you should show that you plan for the future by buying property, starting a family, or reaching other significant milestones.
Required Documentation for de facto visa
Providing comprehensive and accurate documentation is critical for your De Facto Partner Visa application. The Department of Home Affairs requires evidence that supports your claims of a genuine and ongoing relationship. Here’s a breakdown of the essential documents:
- Identification Documents: Passports, birth certificates, and any legal name change documents for both you and your partner.
- Proof of Relationship: Joint bank account statements, utility bills in both names, lease or mortgage agreements, and photos of you together with family and friends.
- Personal Statements: Both you and your partner should write a detailed statement outlining the history of your relationship, how you met, significant events, and your future plans.
- Health and Character Checks: Police clearances from each country you’ve lived in for more than 12 months in the last 10 years, as well as medical examinations to meet Australia’s health requirements.
- Statutory Declarations: Statutory declarations from family members, friends, or colleagues who can attest to the authenticity of your relationship.
The Application Process
The application process for a De Facto Partner Visa is detailed and can be time-consuming. Here’s a step-by-step guide to help you navigate the process:
Step 1: Gather Documentation
Start by gathering all the necessary documents. This includes identification, evidence of your relationship, and any other supporting documents that prove the genuineness of your relationship. Ensure that all documents are certified copies where required.
Step 2: Lodge the Application Online
Applications for the De Facto Partner Visa must be lodged online through the Department of Home Affairs’ ImmiAccount portal. When applying, you will need to:
- Create an ImmiAccount if you don’t already have one.
- Complete Form 47SP, which is the application form for a Partner Visa.
- Your sponsor (partner) must complete Form 40SP, the sponsorship form.
Step 3: Pay the Application Fee
As of 1 July 2024, the application fee for a De Facto Partner Visa is $9,095 AUD. This fee must be paid at the time of lodging the application.
Step 4: Attach Supporting Documents
Upload all your supporting documents to your ImmiAccount. This includes your personal statements, proof of relationship, and any other required evidence.
Step 5: Receive a Bridging Visa
If you are applying from within Australia, you will be granted a Bridging Visa A (BVA) or Bridging Visa B (BVB), depending on your circumstances. This visa allows you to stay in Australia while your application is processed.
Step 6: Await the Decision
Processing times for the De Facto Partner Visa can vary, but generally, it takes between 16-24 months for a decision to be made. During this time, you may be contacted by the Department of Home Affairs to provide additional information or attend an interview.
Costs and Processing Times
Understanding the financial and time commitments involved in applying for a De Facto Partner Visa is crucial. Here’s what you need to know:
Visa Application Fee
The visa application fee is $9,095 AUD as of 1 July 2024. This fee is non-refundable, even if your application is refused. In addition to the visa application fee, there may be additional costs for:
- Health Checks: These can vary depending on your location and the services required.
- Police Clearances: You will need to obtain police clearances from every country you’ve lived in for 12 months or more in the last 10 years.
- Translations: Any documents not in English must be translated by an accredited translator.
Appeals and Review Process
If your visa application is refused, you have the option to appeal the decision. The appeal must be lodged with the Administrative Appeals Tribunal (AAT), with a filing fee of $3,400 AUD. The AAT will be replaced by the Administrative Review Tribunal (ART) on 14 October 2024.
Processing Times
Processing times for the De Facto Partner Visa can range from 16 to 24 months. This timeframe can vary depending on the complexity of your case and the volume of applications being processed by the Department of Home Affairs.
Proving Your Relationship
The success of your De Facto Partner Visa application largely depends on your ability to prove that your relationship is genuine and continuing. Here’s how to present your case effectively:
Financial Aspects
Joint financial responsibilities are one of the strongest indicators of a genuine relationship. This can include:
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- Joint Bank Accounts: Show statements from accounts held jointly by you and your partner.
- Shared Bills: Provide copies of utility bills, rent payments, or mortgage statements in both names.
Household Responsibilities
Evidence of shared household responsibilities further strengthens your application. Consider providing:
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- Lease or Mortgage Agreements: Show that you live together by providing rental agreements or mortgage statements.
- Utility Bills: Demonstrate that you share household responsibilities by including utility bills in both names.
- Grocery Receipts: While less formal, joint grocery receipts or similar documents can also be useful.
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Social Context
The social aspects of your relationship are equally important. Provide evidence such as:
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- Photographs: Include photos of you together at social events, with family and friends, and during travel.
- Social Media Posts: Screenshots of social media interactions that show your relationship can be helpful.
- Invitations: Wedding invitations, birthday parties, or other social events where you were invited as a couple.
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Future Commitment
Demonstrating your future commitment to each other can include:
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- Future Plans: Outline your future plans as a couple, such as buying a house, planning to start a family, or long-term travel plans.
- Legal Documents: Wills, powers of attorney, or any other legal documents that name each other as beneficiaries or decision-makers.
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Common Challenges and How to Overcome Them
Applying for a De Facto Partner Visa can present several challenges. Here’s how to address some of the most common issues:
Work Rights on a Bridging Visa
While you wait for your visa application to be processed, you may be granted a Bridging Visa with work rights. If your Bridging Visa does not automatically include work rights, you can apply for them by demonstrating a compelling need, such as financial hardship.
Living Apart
Temporary separations due to work, study, or family commitments are generally acceptable, provided you can demonstrate that the separation is temporary and that your relationship remains strong. Keep records of communication during this time, such as emails, messages, and phone logs.
Criminal Records
A criminal record does not automatically disqualify you from obtaining a De Facto Partner Visa, but it can complicate the process. If either partner has a criminal history, it’s essential to be transparent and provide detailed explanations, character references, and evidence of rehabilitation.
Proving a De Facto Relationship Without Cohabitation
If you haven’t lived together for the required 12 months, you might still apply for a De Facto Partner Visa. However, if your relationship is registered or you face compelling and compassionate circumstances, you could qualify. Therefore, provide detailed explanations and evidence to support your claims. This approach will help you meet the requirements even without the standard living period.
Registering Your Relationship
Registering your relationship can simplify the visa process by waiving the 12-month cohabitation requirement. Here’s what you need to know about relationship registration in Australia:
States and Territories Recognising Relationship Registration
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- Victoria
- New South Wales
- Tasmania
- Queensland
- Australian Capital Territory
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States Not Recognising Relationship Registration
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- South Australia
- Western Australia
- Northern Territory
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FAQs About De Facto Partner Visas
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- What is a De Facto Partner Visa?
A visa that allows a non-Australian citizen to live in Australia based on a genuine relationship with an eligible sponsor. - Who can sponsor a De Facto Partner Visa?
An Australian citizen, permanent resident, or eligible New Zealand citizen can sponsor a De Facto Partner Visa. - Do we need to live together to apply?
Generally, yes, but there are exceptions, such as registering your relationship or providing compelling evidence. - What happens if my relationship ends during the process?
If the relationship ends before the visa is granted, the application may be refused. - How do I appeal a visa refusal?
You can lodge an appeal with the AAT (soon to be ART) within the specified timeframe. - How long does it take to process a De Facto Partner Visa?
Processing times range from 16 to 24 months, depending on various factors. - What is the cost of applying for a De Facto Partner Visa?
As of 1 July 2024, the application fee is $9,095 AUD. - What if we’ve only lived together for a short time?
If you’ve lived together for less than 12 months, you may still apply if your relationship is registered or if there are other compelling circumstances. - Can I work while waiting for my visa decision?
Yes, if your Bridging Visa includes work rights. If not, you can apply for them based on financial need. - What documents do I need to provide?
Essential documents include identification, proof of relationship, personal statements, and health and character checks.
- What is a De Facto Partner Visa?
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Good luck with de facto visa!
Applying for a De Facto Partner Visa in Australia can be complex and lengthy. However, with careful preparation and the right documentation, you can significantly improve your chances of success. This guide has thoroughly covered all key aspects of the application process, including eligibility criteria, common challenges, and practical solutions. By following these insights, you can navigate the process more effectively and increase your likelihood of a favorable outcome.
Your Experience with Partner Visa
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513 Responses
Hi, I am in a relationship with my partner here in Australia. My partner is an Australian citizen whereas I am an international student. It’s been 6 month that we are together and we wanted to go for a defacto. How long it will take to get PR after we apply for defacto?
Thank you for your post and your patience. Here are the first three points that come to mind:
1. Has your partner previously sponsored someone, and are there any barriers to them sponsoring you?
2. Which state do you live in? Different rules apply to relationship registration depending on the location.
3. Permanent residency typically takes around 2.5 years after lodgement. You will be granted a Bridging Visa A (Subclass 010) immediately, which will take effect once your student visa expires.
There may be other significant issues related to your specific situation, so I recommend seeking tailored immigration law advice before proceeding further.
Please use this link to book an appointment with me: http://myvisa.com.au/appointment
Regards,
Nilesh Nandan
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
[myvisa.com.au](http://myvisa.com.au)
*Please note: This message has been transcribed via voice-to-text software, so please disregard any typographical or interpretation errors. Standard Notes and Disclosures apply and can be found in the footer of my emails.*
Hi i am a permanent resident living in Perth. My partner of 4.5 years is Tunisian is it possible to bring him here to reside with me. If so whats the best way to do this please
Dear Irene,
Thank you for your message.
Yes, it is possible to bring your partner to reside with you in Perth. Based on your relationship of 4.5 years, the Partner Visa (subclass 820/801 for onshore applications or subclass 309/100 for offshore applications) is likely the most suitable pathway. This visa is designed for partners of Australian citizens, permanent residents, or eligible New Zealand citizens who want to live in Australia.
The process involves demonstrating that your relationship is genuine and continuing, and this is typically supported by documentation such as joint financial arrangements, living arrangements, and social evidence.
If you’d like to discuss the best visa strategy for your partner in more detail or need assistance with the application process, feel free to book a chat with me here: MyVisa/appointment.
Regards,
Nilesh
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
http://myvisa.com.au
hii , thank you for all the information on this website ,
i came to visit my bf in NSW, Australia ,
and my visa is a visitor visa, ( valid for 6 months) , and we lived together since i came here , for 5 month so far, we have been in a relationship for almost 2 years now ( long distance, )
we used to travel to places and see each other during this time ,
my question is , can i apply for a defacto visa while im here in australia on my visitor visa ?
and “will i be allowed to work while on the bridge” waiting for the decision from visitor to defacto visa ?
thanks a lot for your answer.
Dear Ida,
Thank you for your message and the information you provided.
Yes, you may be able to apply for a de facto partner visa while in Australia on your visitor visa, but there are a few important things to consider.
First, check if your visitor visa has a ‘No Further Stay’ condition (Condition 8503). If this condition is attached, it would prevent you from applying for most other visas while you are in Australia, except in a few rare cases. It’s important to confirm whether this condition applies to your visa.
Next, relationship registration rules vary depending on where you are in Australia. In NSW, for example, registering your de facto relationship can be a way to strengthen your application, but it’s worth verifying whether registration is an option in your particular state or territory.
Your sponsor (your partner) also needs to meet certain eligibility requirements, so ensure that there are no impediments such as previous sponsorship obligations that might impact the application.
Beyond that, for a successful visa application, both you and your partner will need to meet health and character requirements. This means you will undergo health examinations, and you will need to demonstrate good character (for example, by providing police clearances).
If you’d like help with any of these steps or a deeper discussion of your options, feel free to book a chat with me here: MyVisa/appointment.
In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Regards,
Nilesh
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
http://myvisa.com.au