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
Hello there,
I currently hold a student visa that will expire on the 30/08/2020. My partner is an Australian citizen and we are looking to apply for a de facto partner visa by registering our relationships. We have been living in separate address and wish to continue to do so until we get officially married (planning to at 2022) due to cultural reasons. Is that possible? Do we have to move in together for the visa or is registering our relationship enough? We have been in a public relationships for exactly 4 years now (24/04/2016). We have photos of us going on trips, attending weddings and photos evidence of anniversaries and birthdays celebration as a couple for the last 4 years. My parents even included him in the most recent family portrait (professionally done).
What evidence do we need?
Please advice.
I agree that registering your relationship well indeed need help you.
As a matter of law you will need to be in that defacto relationship on the date you apply for the visa.
There can be many circumstances where de facto couples are not cohabiting….. Or not actually living together at the same residence.
Common reasons are because of work requirements, study requirements or restrictions on one’s visa status.
Just because you’re not cohabiting does not mean you will fail the requirement for a defacto visa.
I am have a uncomfortable about the reasons you have put advice for not co-habiting. there’s a real risk that a Delegate of the department of home affairs will form of you that you are in fact only boyfriend and girlfriend rather than de facto couples hoping to go into a spousal relationship only after marriage.
If you wish to go down this path, I would be very careful.
Hi there, I hope you doing fantastic!
Actually i about to apply de facto visa in coming months and I currently living with my partner(PR) since last 18 months With all evidence and i take care my partner’s children too. So my question is: may I eligible for Direct PR after provisional visa grant, if i wait 6 more months?
No. First you need to lodge your partner visa application. Currently it takes at least 20 months (but give or take 7 months) to get a decision in relation to your partner visa application.
While your 24 months period does start to accrue from the minute you lodge your 820 Visa or 309 visa, there is no such thing as “direct entry” in relation to spouse visas, simply because you have been together for 24 months.
There are circumstances where you will qualify for the grant of the 820 provisional partner visa as well as the 801 permanent residence visa in rapid succession, but your case is not one of these circumstances.
Hello there, i have one important question. My permanent resident visa subclass 801 was granted 24 hours ago and i broke up with my sponsor 1 week knowing this outcome and moved to different places, I now want to apply for centerlink help since I lost my job due of coronavirus and im scared that immigration will find out we broken up recently and potentially lose my PR. Is that possible?
Yes it is possible because you must be in the genuine and continuing relationship with your partner at the time of decision to grant you a permanent visa.
Hi, can I still allowed to work and live here legally in Australia when my partner end with me.i am holding bridging visa A till now for he doesn’t cooperate with the processing.he said not now.
This is really unfortunate You need to have a valid visa to remain law for the present in Australia.
If you have previously advised the department that you are in a relationship and this relationship has come to an end then you need to update immigration. You can make this notification using form 1022 notification of change of circumstances.
Hi there
My partner and I applied for the de facto visa a year ago and have lived together since August 2018 – however have decided to live seperately for a year before we buy a place together.
Will this affect my application?
This is a great question.
Of course you are making it harder for yourself but technically if you’re living apart and you have a rational reason for doing so and you are only living apart temporarily there there are arguments that can be made that your relationship is never the less one which satisfies the criteria for the grant of the partner visa.
I would recommend you get some advice on this make sure that you cover your backside. it is quite a bold thing to do under current visa regulations but one which people should in fact do if the circumstances so require.
Fortune favours the brave I say!
Hi Nilesh,
My question may look a bit strange, but please pardon me. I really need some clarity as to what a defacto-relationship means? And basically, what I like to know is if “romance is an important factor/requirement by immigration dept? I am female and I have been friends with an Australian lady whom I have been living with for the past 4 and a half years. We do all things as partners do (travels, share bills, attend the same functions, have mutual friends etc). Do you think I am eligible to apply for a defacto-visa or not? I am currently on a temporary activity visa and my visa expires soon.
Hello Mr. Nandan,
My partner is currently sponsored through her company on a 408 visa, and I was included in her application.
As I work for a different organisation to her (she had previously been sponsored on a 457 visa, which allows partners/spouses to work), I was required to provide details of my current employment, which I assumed meant I could continue to work as the de facto partner of a 408 visa holder.
However, having searched the Government’s immigration website and various immigration forums, I cannot find any information categorically stating that I can still legally work in Australia as the partner of a 408 visa holder – what are the work conditions for partners of 408 visa holders?