The Comprehensive Guide to the De Facto Visa for Australia: Navigating Your Path to Residency
Applying for a de facto partner visa in Australia allows non-citizen partners of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia. This visa is a pathway to permanent residency and is available to both same-sex and opposite-sex couples.
Understanding De Facto Relationships in Australia
In Australia, a de facto relationship is defined as a relationship between two people (of the same or different sex) who are not married but live together on a genuine domestic basis. To be eligible for a de facto partner visa, you must have been in a de facto relationship for at least 12 months immediately before applying. This requirement can be waived if you have registered your relationship under a prescribed Australian state or territory law.
Types of Partner Visas
Australia offers two primary partner visas:
- Subclass 820 (Temporary) and Subclass 801 (Permanent):
- Subclass 820: This temporary visa allows you to live in Australia while your permanent visa application is processed.
- Subclass 801: This permanent visa is granted after holding the Subclass 820 visa for at least two years.
- Subclass 309 (Provisional) and Subclass 100 (Migrant):
- Subclass 309: This temporary visa allows you to live in Australia while your permanent visa application is processed.
- Subclass 100: This permanent visa is granted after holding the Subclass 309 visa for at least two years.
Eligibility Criteria
To be eligible for a de facto partner visa, you must:
- Be in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Have been in the relationship for at least 12 months immediately before applying, unless you have a child together or have registered your relationship.
- Be at least 18 years old.
- Meet health and character requirements.
Application Process
- Gather Required Documents:
- Proof of your de facto relationship (e.g., joint bank statements, lease agreements, photos together).
- Identification documents (e.g., passports, birth certificates).
- Health and character documents (e.g., police certificates, health examinations).
- Submit Application:
- Applications can be lodged online through the ImmiAccount portal.
- Await Processing:
- Processing times vary. For example, the Subclass 820 visa has a processing time of 10 to 16 months, depending on individual circumstances. https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times
- Receive Visa Decision:
- If approved, you will be granted the temporary Subclass 820 visa, allowing you to live in Australia.
- After two years, you can apply for the permanent Subclass 801 visa.
Processing Times
- 50% of applications: 10 months
- 90% of applications: 16 months
Processing times for partner visas can vary. For instance, the Subclass 820 visa has the following processing times:
These times are indicative and can change based on individual circumstances and the completeness of your application.
Common Questions
- Can tourists get married in Australia?
- Yes, tourists can marry in Australia. However, if you have certain visa conditions, such as Condition 8503, it could impact your onshore partner visa application.
- Can you apply for a partner visa without marriage?
- Yes, you can apply for a de facto partner visa without being married, provided you meet the de facto relationship criteria.
- How long does a partner visa take in Australia?
- Processing times vary. For example, the Subclass 820 visa has a processing time of 10 to 16 months, depending on individual circumstances.
- Can I bring my partner to Australia?
- Yes, you can sponsor your partner for a de facto partner visa, provided you meet the eligibility criteria.
- How does the partner visa work in Australia?
- The partner visa allows your partner to live in Australia. It is a two-step process: first, obtaining a temporary visa (Subclass 820), followed by a permanent visa (Subclass 801) after two years.
Conclusion
Applying for a de facto partner visa in Australia involves meeting specific eligibility criteria, gathering necessary documentation, and understanding the application process. Given the complexities and potential processing times, it’s advisable to consult with a registered migration agent or legal professional to guide you through the process.
For more information, contact us for guidance specific to your case.
521 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 🙂