Immigration Guides

De Facto Visas: A Guide for Unmarried Partners

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 Nilesh,

    I have a question regarding adding subsequent applicant to my 485 visa. We recently registered our relationship with state and have been dating each other just shy from one year. ( Her visa expires before we have 12 months together). We have not lived together, but since that was not a requirement to register our relationship(to get legal de facto), that should not be an issue as far as I understand.
    We have pictures, chat messages that validate the length and commitment made to each other and can have Australian citizen to vouche for us and also mutual travels taken together. Otherwise no joint financial documentation.
    Since I have no in depth understanding of what is exactly required, i'm concerned my application might be weak and could be refused?
    Is this a valid concern or what obvious things I could do to strengthen my application?

  • Hi, i am currently on a visitor visa and planning to apply for an onshore partner visa based on de facto relationship (we got exemption to travel granted on the basis of de facto relationship where we included proofs such as civil partnership registration etc.) However we understand that the approval might take 2 years. What if we want to get married within these 2 years? Can we get married? I understand that relationship status must remain same but there must be a way to ensure that we get married when we want to.

  • Hey Nilesh

    I am currently on a 482 visa and I would like to apply for a partner visa. I live with my partner and have been with him for over 1 year, is this possible? And am I am able to withdraw/terminate my work visa once we apply for the partner visa?

    Thanks!

  • Hello Sir,

    May I ask that my boyfriend completed his Master before, then hold his 485 and after that Working Holiday visa. After his Working Holiday visa expired, he became dependents on my 485 application, while waiting for my 485 outcome, my agent advised him to become dependent on my current student visa (which expires 15/3/2021). I have BVA of 485, however he has none. Should he apply for another student visa now and when I receive my 485 I will include him to my 485 again? (Since he still want to keep working, my agent advised him to apply for 408 covid visa but it seems risky for him, they don't think it's good idea to apply new student visa for him from now to study trade course because he completed Master before).

    Thank you so much in advance Sir!!!
    Kind regards

  • Hi! me and my australian fiancee been in almost three years relationship, and were planning to get married. his been here in the philippines twice, could you please give us advice what visa we should apply, what is best, married first before applying or before marriage. thank you so much. hope to hear from you

    • Hi Mary Jane

      I assume that you're currently separated with you being in the Philippines and your partner being in Australia.

      As you're not yet married and you're not yet in a defacto relationship the only real opportunity you have is to make an application for a prospective marriage visa.

      A prospective marriage visa can be upgraded into a partner visa lodged onshore after you have come on sure and married within 9 months of arrival inside Australia.

      If you decide to marry after you have lodged a prospective marriage visa and that marriage, then you'll need to advise immigration of the marriage and your application will change to either an onshore or an offshore partner visa application and assessed as such.

      In short, given travel restrictions, I would suggest that the prospective marriage visa subclass 300 would be the way to proceed.

      Should you wish to get a quotation from our law practice to assist you with this fiance visa immigration work then please book in a 10 minute chat with us.

      Regards
      Nilesh Nandan
      Immigration Lawyer
      MyVisa®

  • Hi me and my girlfriend(Australian citizen) have been in a relationship for more than one year but due to financial circumstances for we cannot afford to have our own rental property. She still studying and don’t really have a job and me on my own can’t afford a rental property on just my wage at the moment as I was jobless the whole covid period and I am from melbourne (Victoria). Would I still be able to file visa ? She lives with her dad from Monday to Thursday and and Friday- Sunday at my place. Please suggest

    • Dear Kani Singh

      Nilesh has asked me to respond to your question.

      Thank you for contacting MyVisa®.

      We understand that you and your Australian partner have been in a relationship for more than one year but are not living together.

      It will be challenging (very difficult) to satisfy the requirements of a de facto partner and de facto relationship.

      You risk failing as you'll need to provide evidence of the financial aspects of your relationship, the nature of your household, the social aspects of your relationship, and the nature of commitment to each other.

      All very hard to do if you've not lived together and don't have your own place.

      Should you wish to get specific advice about your circumstances from me, you can book in a consultation with Mr Nandan here.

      https://myvisa.com.au/book

      Regards
      Jade Lee
      Immigration Lawyer
      MyVisa®

  • Hello nilesh,
    If I’m starting my regional skilled work visa after my student graduation visa, how can I bring my partner to stay with me? She is on school visa until the end of this year at the moment.

  • Hi Nilesh, quick questions, is it still eligible if we are both living together but outside of Australia (e.g., working in Europe) after applying for a De Facto Visa? We assume that we only need to be in Australia when we apply for this visa (820) and when they decide on our temporary visa application, is that correct? Thank you!
    Cheers, Josephine

    • Dear Josephine

      Thank you for contacting MyVisa®.

      You will need to in Australia when you lodge the subclass 820 application and you'll be well advised to be back in Australia to get granted the visa. You can guess when you need to be back this by looking at the processing times published by DHA.

      The department is full of great people and they're likely to indicate to us in advance that they are looking to Grant the visa and at that stage we would normally indicate to you to get back into Australia.

      There is no mandatory requirement that you must be resident in Australia for the duration of your relationship for the duration of the application.

      Should you wish to get specific advice about your circumstances from me, you can book in a consultation with me here.

      https://myvisa.com.au/book

      Regards
      Nilesh Nandan
      Immigration Lawyer
      MyVisa®

  • Hi, I am currently awaiting for the approval of a partnership visa. We were in an de facto relationship prior to the application. Now we want to get married, however have been told that getting married will impact on our application negatively. This makes absolutely no sense to us. Is that true? Thanks heaps

    • Dear Sandy

      Nilesh has asked me to respond to your question.

      Thank you for contacting MyVisa®.

      The short answer is that it is recommended to remain in a de facto relationship until after the partner visa application is finalised.

      We agree that it makes little sense!

      Here are some of the issues:

      Officers can test the integrity and status of the relationship at the date of application and again at the date of decision.

      Legislation is poorly drafted and does not properly accommodate (your partner visa situation) where there is a claim of a "de facto" relationship at the time of application and then a "married" relationship at the time of decision.

      If you have applied for an onshore Partner visa (subclass 820/801), it will depend on whether you relied on the registration of your de facto relationship to get past the 12 month requirement.

      For these cases, it may be advisable not to get married, as this may adversely affect the relevance of the de facto relationship certificate (as it may no longer be applicable) due to the change in your relationship status from de facto to married. Complicated, isn't it!

      This is not to say that partner visa grants can not or are not made to applicants who are in a defacto relationship at the time of application and a married relationship at the time of visa decision - it's just that it's fraught with greater risk of refusal.

      In the event you have already married, you may wish to provide new Form 888 statutory declarations in light of your new married relationship status. You will also be required to notify the Department as soon as possible of the change in circumstances by submitting a Form 1022.

      Note: Issues arise due to the applicant's location when lodging the application (offshore or onshore) and whether there is a section s48 issue.

      Should you wish to get specific advice about your circumstances from Nilesh, you can book in a consultation with him here.

      https://myvisa.com.au/book

      Please do let us know if you decide to marry and what your experience was!

      Regards
      Justin Jinhyun Kim
      Immigration Lawyer
      MyVisa®

  • Also I forgot to add that I am from Perth which does not recognise the registered relationship documents.
    And we work as hotel annimators/Entertainers. This means we live in the hotel for free so no bills or rent paid.
    We have been staying in our friends apartment in Turkey for the last 6/7 months with only paying bills to him. Proof being that the address is the same on our turkish residence permit application otherwise no proof of rent.
    Thanks

    • Dear Amber

      Nilesh has asked me to respond to your question.

      Thank you for contacting MyVisa®.

      You may be eligible for a Partner visa based on your de facto relationship. We think this is your only option, considering your circumstances.

      Regarding your relationship evidence, your circumstances are challenging. You will need lots of statements (4x Form 888 plus partner statements).

      Usually, a Partner visa application takes between 19 and 23 months to process. However, it can vary depending on individual circumstances and COVID.

      Should you wish to get specific advice from Nilesh, you can book in a consultation with him here.

      https://myvisa.com.au/book

      Regards
      Jade Lee
      Immigration Lawyer
      MyVisa®

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