Immigration Guides

De Facto Visas: A Guide for Unmarried Partners

October 5, 2024

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

  1. 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.
  2. 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:

  1. 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.
  2. 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.
  3. 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.
  4. 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:

  1. Create an ImmiAccount if you don’t already have one.
  2. Complete Form 47SP, which is the application form for a Partner Visa.
  3. 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:

    • 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:

      • 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.

Social Context

The social aspects of your relationship are equally important. Provide evidence such as:

      • 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.

Future Commitment

Demonstrating your future commitment to each other can include:

      • 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.

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

      • Victoria
      • New South Wales
      • Tasmania
      • Queensland
      • Australian Capital Territory

States Not Recognising Relationship Registration

      • South Australia
      • Western Australia
      • Northern Territory

 

FAQs About De Facto Partner Visas

      1. 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.
      2. 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.
      3. Do we need to live together to apply?
        Generally, yes, but there are exceptions, such as registering your relationship or providing compelling evidence.
      4. What happens if my relationship ends during the process?
        If the relationship ends before the visa is granted, the application may be refused.
      5. How do I appeal a visa refusal?
        You can lodge an appeal with the AAT (soon to be ART) within the specified timeframe.
      6. How long does it take to process a De Facto Partner Visa?
        Processing times range from 16 to 24 months, depending on various factors.
      7. What is the cost of applying for a De Facto Partner Visa?
        As of 1 July 2024, the application fee is $9,095 AUD.
      8. 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.
      9. 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.
      10. What documents do I need to provide?
        Essential documents include identification, proof of relationship, personal statements, and health and character checks.

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

Please share your comments with me.

I’d like to know more about the difficulties you are experiencing with completing this Visa. Please share here and I’ll see if I can make life a little easier for everybody.

View Comments

  • Hi, my girlfriend had recently submitted her 190 VIC state sponsorship EOI as a registered nurse (90points) which I think will have a great chance of being nominated.

    However, my questions are: should she include me in the application as a de-facto partner (will drop to 85points) but it is quite competitive now for registered nurse with priority over the ones with highest points or should I wait until she gains her permanent residency/citizenship and then sponsor me?

    I understand that this might create suspicions and DPHA might retract her PR, which brings me to my another questions, how likely is this to happen if she sponsor me not long after her PR? Have this happen before?

    Anyway, therefore, we are planning to wait for a little while after her PR since I still have long years ahead with my masters by research student visa with offer to do PhD in the future. We had been living together (renting) for a year now but we do not have any share bills nor joint bank account and we never post our relationship/photos on social media.

    We are just in a dilemma and seeking advice for the best option. Thank you.

    • The best advice here is to be truthful. You are either in a defacto relationship with your partner or you are not.

      Make a decision about which it is then go forward with that.

      If you wish to get specific advice in relation to the intricacies of de facto partner visa law as it applies to your own circumstances then please book in a consultation with me.

      Use this link to book your consultation with me: https://myvisa.com.au/10-Minute-Chat/

  • Hi Nilesh,
    thanks so much for the info provided. I am German and currently on a 482 work visa which expires in 14 months. My partner is Australian and we have been together for 15 months now, but no de facto certificate. If we apply now for 820 and stay in Australia past the next 14months (and if my work visa wont be extended), will the bridging visa allow me to work or study in AUS, travel overseas? We also play with the idea of potentially moving to NZ, either next year or year after. How would this affect the partner visa application as on the IMMI website they say: "you have to be in the country when the partner visa is granted"? Would the application be paused if we move overseas, or would it officially start once we move back again and it has been granted in meantime?
    Thank you so much!

  • I live in Australia I'm married but not Together for 12 years I have a girlfriend in the Philippines and I have being supporting For over 2 years we are in a committed relationship But she's also married but separated is there anyway I can get her to Australia to live with me

    • The issue is whether or not you are in any defacto relationship and suggested that she is simply your girlfriend does not suggest that it is already a defacto relationship.

      Unfortunately you're not able to register a defacto relationship until such time as a divorce has been finalised.

      It is not necessary to live together in order to be in a defacto relationship however it does certainly make your case a little bit harder to get approved.

      Please contact me if you wish to discuss more specifically aspects of your case.

      Use this link to book your consultation with me: https://myvisa.com.au/10-Minute-Chat/

      Please allow me to help others by giving an honest review of this response.

      https://www.facebook.com/myvisa/reviews

  • Hi Nilesh,

    I was reading your guide for unmarried couples and thought I would contact you directly. Thank you for providing such a detailed resource! It is very insightful.

    I am an Australian citizen wanting to bring my partner from the UK over the pond.
    I think it's best you have the details upfront, so our relationship situation is like this:
    We met in Florence, Italy in the second half of 2018, while we were both studying overseas. We started out as roommates and things progressed from there. We lived together for 6 months in total, however due to the nature of the household we did not share any bills.
    At the 6 month mark her study period in Italy was over, and we decided to stay together while she returned to the UK and I stayed in Italy to finish my studies.
    Mid 2019 I fly to the UK during summer and stay there for a month. We go about the country together, travel, and I get to meet meet her parents and a bunch of her friends.
    A couple of months after that I fly to the UK again for a few days for her birthday.
    And at the end of 2019 we decide go to celebrate New year's together in Prague and spend about 2 weeks there.
    That is the gist of the time we spent together.

    Then covid hits. Due to the constant lockdowns and Italy becoming an increasingly growing red zone I decided to fly home to Australia before finishing my studies. Since January 2020 I haven't seen my partner for 18 months.

    Despite the time and distance apart we stayed together, stayed strong, and continued to message each other every day. We may not have the financial proofs of relationship, but there are almost 3 years of daily Facebook messages between us hahah

    Also before covid hit, we were planning on going to live and work on the Cayman Islands after my studies were due to be finished in June 2020. We have conversations detailing this and proof she had found a job there already and I have emails with other potential employers.

    Also as further action to try and be together I attempted to go to the UK multiple times, but my exemption to leave was denied each time unfortunately. I've got a bunch of stuff to show that was prepared for that, like a tenancy agreement that was signed by my partner, myself and the landlord, a flight itinerary, job prospects in the UK, enrolment for study, organised an exhibition for my art etc.

    So yeah...We only lived together for 6 months and we don't have any "substantial" evidence like shared bank accounts, shared bills or expenses etc. Does that matter? What we have is 6 months of living together, and almost 3 years being the total duration of the relationship so far, photos of us when we were together, flight tickets to see each other, purchases and presents for each other, a huge amount of interaction via online messaging, statements from friends and family, proof there was intent to live together in Cayman and in the UK but due to Covid we have been unable to do so.
    Considering all this, what are our chances of reuniting in Australia?

    I thank you for you time and look forward to hearing from you.

  • Hi Nilesh,

    My visa 461 is currently being processed as I had been in a de facto relationship. Unfortuantely we are expereincing a relationship breakdown. Is it okay to use the temporary bridging visa to apply for visa 190 and then withdraw our partner visa?

    • Provided you and not prohibited by section 48 of the Migration Act, there is nothing stopping you from making an application for a subclass 190 visa application while you're onshore.

      Any further onshore visa application you make is likely to yield a Bridging Visa C class which may have limitations in terms of work and certainly does not allow overseas travel for the duration of processing.

      In the interest of a speedy response I use voice to text software. Please excuse any typ. errors.

  • Hello Sir,

    I would like to clarify something that my agent told me. Me and my partner applied for a de facto on June 2021 onshore. We have registered our relationship in November 2020 and live partially together due to work commitments. We dont move in together until July 2021. My question is we are planning to get married and we stated it on our statement and forms. But my agent told me it is going to be risky to get married if i did not received my visa yet so she advised me to get married once the immigration made their decision. I just want to ask your personal opinion regarding this matter? Because we want a specific date to our marriage and everything is already booked in.

    Thanks for any response.
    Ms.A

  • Hi Nilesh,
    My partner is overseas, however I am registering for a defacto relationship. However in wanting to apply for the 309 partner visa, for a defacto relationship we do not fulfill the category of living together. Is there any way that the application can still be processed? Thank you.

    • You don't necessarily have to be living together full stop that is not what the law requires.

      Rather the law requires you not to be living apart permanently.

      Another way of saying this is that if you are living apart he must only be living apart temporarily.

      These are not the easiest of submissions to make. Of course it would be far simpler for you if you were living together however that is unlikely in the case of an offshore 309 application.

      If you need help with making the relevant submissions please contact me.

  • Hi Nilesh,

    Thank you for having such an open and accessible page.

    I am in Australia (an Australian citizen) and my partner is overseas (Non-Australian). Myself and my partner have an offshore partner visa pending. We recently married via a legally recognised virtual ceremony in the United States. Being that Australian marriage laws recognise a Marriage that has taken place legally within the lawful boundaries of that country will our new 'spousal' designation automatically exempt her from current border restrictions?

    Thank you again.

    • This is a great question. Of course it should. The rules are that immediate family members should receive an exemption.

      The fact that you have lodged and offshore partner visa application provide some dimension of support.

      I have not yet had a case like yours and would be delighted if you could share your experience with whether or not an exemption was in fact granted in the circumstances.

      Thank you in advance!

  • Hi Nilesh,
    Thank you, very well explained.

    I was looking for some information not sure if you could help me out here.My brother has been diagnosed with Osteosarcoma and had to have his leg amputated last month (will be using a prosthetic leg) he is currently undergoing chemotherapy.Chemo is being given just as a precaution.So he has basically been cured.He will need to retrain himself as his previous experience was in the construction industry which will be a bit difficult for him to be working in, as he will be using a prosthetic leg, manual labour will be a bit tedious.So he is wanting to study in Australia in a years time to be a Chef(passionate about cooking) .He will not need any assistance with his everyday life and will live a near normal life.What do you think his chances are in terms of his student visa approval? have looked up everywhere to see if I could get any information but nothing is available.I am really lost.Could you please give me some information or guidance.Is this option even worth considering? To study in Australia?
    Your valuable advice would be very much appreciated.

    Thank you so much

    -Shakya

    • I would apply for a student visa. If he is indeed a genuine student and he passes the health criteria (yes, this is admittedly very unclear), then you'll get him a visa.

      Let's talk in more detail.

      MyVisa.com.au/10-minute-chat

  • Hi Nilesh,

    The brief made is so clear and precise.
    I have question, before my scenario is:
    " I have my partner in India and me being permanent resident. We have most of the document other than joint account or joint investment.
    I have registered him as de facto too.
    Now if we apply for subclass 309 followed by subclass 100 given that partner being overseas, and before 100 is granted we get married during that period. What happens?
    I saw some thing written that we should not marry until 100 subclass is finalized.

    Please through some light.
    Thanks and best regards

    Note: Our plan of wedding is getting postponed due to COVID and border closure

    • Marriage is no problem after lodgement of 309.

      The big issue to make sure about is that you are in a genuine spousal relationship both at the time of application and at the time of decision.

      Marriage after lodgement and grant of a 300 before entry into Australia will be a problem.

      Marriage after lodgement of a prospective marriage visa and but before grant and before entry is dealt with by notification to Immigration. The application for the 300 is converted into an application for a 309, without additional filing fee.

      Contact me here is you need to discuss:

      MyVisa.com.au/10-minute-chat

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Published by
Nilesh Nandan
October 5, 2024

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