De Facto Visa Australia – A Guide for Couples
By Nilesh Nandan, Immigration Lawyer
Edited by Anh Le, Immigration Lawyer
On this page
- Overview
- Eligibility & the 12-Month Rule
- Onshore vs Offshore vs PMV
- Evidence You Must Show
- Step-by-Step Application Checklist
- Common Questions
- Book a Consultation
What is a De Facto Visa?
If you are in a committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, you may be able to apply for a partner visa under the de facto stream. This pathway allows you to stay in Australia with your partner and, in time, gain permanent residency.
In my practice, I meet many couples who are unsure whether their relationship qualifies as de facto. This guide explains the rules in plain English, so you know where you stand and how to avoid mistakes that can delay or even sink your application.
Eligibility & the 12-Month Rule
To qualify as de facto, you normally need to prove that you and your partner have been in a genuine relationship and living together for at least 12 months before lodging your application. This is known as the 12-month rule.
Exceptions: If you register your relationship in certain states or territories (like New South Wales, Victoria, Queensland, or Tasmania), the 12-month requirement can be waived. This is a crucial option for couples who haven’t yet clocked up a full year together under one roof.
Beyond the 12-month rule, you must show that your relationship is genuine and continuing. Immigration looks at four key areas: financial, household, social, and commitment.
Onshore vs Offshore vs Prospective Marriage Visa
Here is a comparison of the main visa pathways for couples:
| Type | Where You Apply | Work Rights | Travel Before Grant | Pathway |
|---|---|---|---|---|
| Onshore Partner Visa (820/801) | Inside Australia | Yes, usually (on bridging visa) | BVB required to travel | Temporary (820) then Permanent (801) |
| Offshore Partner Visa (309/100) | Outside Australia | Yes, once in Australia | Must wait offshore for decision | Temporary (309) then Permanent (100) |
| Prospective Marriage Visa (Subclass 300) | Outside Australia | Yes, once in Australia | Must wait offshore for decision | Enter on 300 → marry → apply for 820/801 |
Evidence You Must Show
Immigration wants to see proof that your relationship is genuine. Here are the four pillars:
- Financial: Joint bank accounts, shared bills, joint purchases.
- Household: Living together, shared lease, joint utilities.
- Social: Photos together, statements from friends and family, joint invitations.
- Commitment: Future plans, wills, superannuation beneficiaries.
In my experience, weak evidence in one pillar can be balanced by stronger proof in another — but the more complete your evidence, the safer your application will be.
Step-by-Step Application Checklist
- Confirm eligibility: relationship length or registration.
- Gather documents: passports, identity, police checks, health checks.
- Collect relationship evidence under the four pillars.
- Prepare at least two Form 888 statutory declarations from friends and family. In certain cases, two statutory declarations prepared by Australian citizens or permanent residents will also be required for a valid application.
- Lodge online via ImmiAccount.
- Pay the visa fee (over AUD 9,000 – check current fee).
- Apply for a Bridging Visa if onshore.
- Wait for assessment and respond to any requests from Immigration.
Common Questions About De Facto Visas
What is the 12-month rule?
You must usually show 12 months of being in a genuine relationship and living together, unless you register your relationship in a state that allows this.
How long will my application take?
Processing can range from 12 to 24 months. It depends on the completeness of your application and Immigration’s workload. Check the official processing times.
Do I get work rights?
If you apply onshore, you get work rights on your bridging visa. Offshore applicants can work once their temporary visa is granted.
Can I travel during processing?
Onshore applicants need a Bridging Visa B if they want to travel (only if they hold a Bridging Visa A). Offshore applicants can travel freely until the visa is granted.
What happens if my visa is refused?
You may have review rights at the Administrative Appeals Tribunal (AAT). This is a complex process where legal advice is essential.
Book a Consultation with Me
Partner visas are expensive, complex, and high-risk. A mistake can cost you thousands and months of stress. I can help you get it right the first time. Book a consultation today.
Regards,
Nilesh Nandan
Lawyer Principal | MyVisa Lawyers
https://myvisa.com.au
523 Responses
Hi Nilesh,
Thank you for sharing the information. It is very helpful.
Can I ask you a question re Statutory Declaration? Since I can’t speak much of English, the friends I’ve made in Aus don’t speak much too. Thus they cant help to sign the Stat Dec. Since my partner is Australian, can he find two people from his side to fill in the Stat Dec? ( I’ve only been in Aus around 2
Thank you very much in advance.
Mia
Hi, I am on MRT ( AAT ) and from last 8 month me and my girlfriend leaving together on same address also she is separated but still not divorced she is waiting to finish 12month for divorce so can I apply for de Fecto visa before or after 12 month.
I will wait for your reply. Thanks
Hi there Nilesh,
I’ve being in a relationship with my girlfriend whose an Australian for about 3 months and we’re thinking to move in together and register as a defacto visa. I am on student visa atm .My question is that 12 month period starts from the day we register our relationship or ? So I can apply for PR and how long will be the best to prove our relationship so I can get the PR visa ?
Thank you
You can apply now.
I recommend you book in chat with me.
myvisa.com.au/services
Regards
Nilesh
My partner and I have lived together for over two years in my home in Australia. She has visited Australia 6 times since 5 March 2016. The last 4 visits were about 6 months each time. She has been refused a visitors visa this September 2019 because she has spent too much time in Australia and has no real income or property in the Philippines and therefore it was thought she may overstay, this in spite of going home ahead of time in each of her 6 trips here. We were going to apply for an on-shore visa 820 leading to 801 when she arrived, but as she has been knocked back, that is now not possible.
Two questions: 1. should she apply for a visitors visa again and limit it to only three months, and if successful apply for 820 while she is here; or
2. should she apply for 309 leading to 100 off shore, and then immediately apply for visitors visa so we can be together. I have a non curable blood cancer which is why she has spent to much time here. I did not share that detail with Immigration. Thanks
Ed
In brief terms:
1. the visitor visa is not the appropriate visa for any defacto partner.
2. you should not apply for a further visitor visa without first applying for an offshore de facto partner visa. (registration of your relationship is recommended but unlikely now if she is offshore).
3. an offshore 309 should be lodged with full disclosures.
Hope this helps.
Nilesh Nandan
Immigration Lawyer
https://myvisa.com.au/about/
Hi there Nilesh
At the time of me applying for the visa this coming November, me and my partner would only have been in a relationship for 9 and a half months. We currently just got a new joint lease and would have been living together for 1 1/2 months at the time of application.
I have just recently registered my relationship with my partner last month to waive the 12 month de-facto/cohabitation requirement, but was wondering if a 9 month relationship stands a chance even in lieu of relationship registration?
If if have been in a genuine defacto relationship for 9.5 months and have a certificate, you will be fine to lodge before the 12 months is up. Does this answer your question?
Nilesh Nandan
Yes Nilesh, thank you very much.
I just was a bit fearful as when filling form 47sp online, it flagged up an issue saying the de-facto relationship is not long enough to satisfy requirements for the partner visa and to give compelling circumstances as to why it should be allowed.
I mentioned in the comment box that we have registered our relationship, and also mentioned our commitment to each other. Many people on forums have been saying registering your relationship doesn’t even matter, so lots of confusing information online.
I would like to learn more about your issue – it it has not been resolved.
You can book in a chat with me if you need to discuss.
Regards
Nilesh Nandan
Hi Sir,
My girlfriend has just been refused a visitor VISA (visit family) to re-enter Australia. She has spent 270 days in Australia and 67 days outside Australia in the last 11 months. She left Australia at the start of this month and we applied for VISA the day after she arrive home. The Dept’ officer stated “I place significant weight on travel history. Per policy, a visitor would be expected to spend as much time out of Australia as in…. I am not satisfied that the applicant does not intend to continue to spend the majority of her time residing in Australia.” We were honest in my invite letter of wanting to resume our de facto relationship and grow a stronger relationship. However, we have lived together for only 8 and a half months and short of the 12 month requirement for a partner VISA. How can we live together 12 months continually? I need to work to support us both, so it is difficult to go to her country. The letter ends with the clause 600.211 is not satisfied (Migration Regulations). I miss by 39 yo baby, I am 56. Thanks for any comments
Baz
Thanks for sharing your defacto partner visa problem.
Had you considered registering your relationship while she was in Australia?
This would have given you some options!
Regards
Nilesh Nandan
myvisa.com.au/book
I have a girlfriend and she is a nurse, if we got married, will she loose her nurse registration after applying for the partner visa?
No, why would she?
There may well be other disadvantages to marriage, but losing your nursing registration is unlikley to be one of them 🙂