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..
Is it possible to legally register De facto relationship if my partner is in legally married and has not permanently ended his marriage. I mean he is not intend to divorce his wife..I’m an Indonesian and he is an Australian citizenship. We’ve been t in a relationship more than 2years and i can proof it And now i’m 4months pregnant by him. I have a multiple tourist visa and allowed to stay there for maximum 3months. So since last 2019 i came and out from Australia many times. But because the international border is still closed i cant fly there.
Thank you Nilesh and have a good day
The rules full registration of civil partnerships or any de facto relationship differ from state to state and territory.
I’m not aware of any state or territory that will allow a defacto relationship to be registered where one party is still married to a third party.
in your case you say that you have been in a defacto relationship for at least two years and you have “proof” of that. This means that you will be able to rely on the basis of the 12-month rule. If you’re not married or if you do not have a relationship certificate then you need to be in a defacto relationship to the exclusion of all others for a period of 12 months to meet your prior to making the application for a partner visa.
You should get specific advice about your circumstances before making an application.
Thank you for your question and I hope that my preliminary comments have been useful.
Regards
Nilesh Nandan
Hi Nilesh,
Thank you for giving us helpful advice!
Our couple is having a depressing time away from one another, please help us out.
Currently I’m in my country, South Korea finishing my degree and my partner is in Australia – he is an Australian citizen.
We were planning to apply for the onshore partner visa this year after I enter Australia with working holiday visa or ETA. But due to the pandemic, the Australian border is closed before I finish my degree, and we are considering applying for the exemption in June when I’m ready to fly into Australia.
We have registered our relationship at NSW in August, 2019 and we opened up our joint account in November 2018, but we haven’t applied for partnership visa nor married because we have been in a long-distance relationship.
My question is – 1) given that we registered our relationship at NSW, how likely is it that the Australian government would grant me the travel exemption?
2) I’m thinking of applying for ETA or working holiday visa along with the exemption application, would the type of the visa I choose affect their decision on whether they grant me the exemption or not?
3) If Australian government rejects me to enter Australia, what will be the way for us to see each other? :'(
I hope my questions are clear for you to understand.
Thank you very much in advance.
Apologies for my slow reply Hailey. Thanks for such detailed information. We really need to talk it through so I suggest you book in a 10-minute chat to discuss with me: https://myvisa.com.au/book/
Hi Nilesh,
Hop you doing well!
Quick question.
My partner has been invited for a 190 visa December 2019 and she applied on February this year. She is going to add me as her de-facto in her application. Now, we have been less than 12 months together, so we send the papers for registration around 3 weeks ago.
The problem is that her visa waiting period got reduced from 7-9 months to 5-7 months, so now we’re afraid that is going to be granted before the de-facto certificates arrives.
Is it possible to make a change of circumstances in her visa now and upload the certificate later once we receive it? Or is it required to have the exact date where we became registered de-facto for her to do a change of circumstances in her application?
Thank you!
The are a number of issues here. You should consider getting detailed advice. But for present purposes, you should note:
1. The rules for being a defacto partner in a defacto relationship aren’t the same in 190 applications and 820 applications.
2. Your visa status and other eligibility for the 190 is to be considered.
The short answer to your question however is that you should update Immigration immediately and supplement the immi account with the certificate as soon as it comes in.
Do see me if you require additional support.
Best
Nilesh Nandan
Hi , I have a question.
Im holding a student visa and my partner he holding a australian citizenship .I have been live together with him and his mom. He used to work as a causal job but unfortunately about corona virus outbreak then he lost a job ,now he getting a centralink Coronavirus supplement package .if it possible that he can sponsor me a defecto visa while he has no job?(we registered a relationship certificate )
We live together 3 year but all the bill it under his mom also she is a owner of a small restaurant .
Thank you ,
Yes. I would lodge. The current rules for defacto partner visas are as good as they are likely to ever get. I’m sure the employment situation with resolve itself by the time the defacto sponsor application is considered. I wish you both then best.
Nilesh Nandan
Hi,
My partner is from New Zealand and I’m from Canada. We’ve applied for the 461 visa in July 2019! We’ve been together for almost 4 years (met in NZ, moved over here together) and have been living together for about 3 years. We’ve sent it enough evidence to prove everything that was asked. Just wanting to ask whether I should keep sending in more documents or just wait and not bother? Will it speed up the process or delay it?? Since we’ve sent our application in, We’ve been on a couple of important trips together, moved into our own place (we were house sharing before), and we have also applied for civil partnership. Will it help to send in this additional evidence?? Thanks!
Thanks for sharing your experience and frustration.
I would get a glass of wine and forget about immigration for the moment.
If you don’t do this you’re likely to go crazy drip-feeding immigration with every additional bit of information for many many months ahead.
If you have confidence that you have got enough evidence to show that you are in a genuine and continuing relationship then relax and have a second glass.🍸🍷
When your case is opened by the case officer it is my experience that in all cases you will receive a letter from them, asking you to provide updated or additional material.
Until then, I would not waste your precious time unless you really really ♥️ love uploading stuff into your immi account.
Hi, I have a question regarding processing times, in particular temporary grant of visa to permanent grant of visa. Is the two year period for consideration of permanent residence from the moment you make your overall application or from when you are granted the temporary visa?
This is a great question.
The two year period starts at the time you make the application for the provisional partner visa subclass 820 or subclass 309.
Subclass 820 is the onshore version and subclass 309 is the offshore version.
You are eligible for permanent residency after you have been together for a 2 year period starting from the date of lodgment… Not from the date of decision and not from the date your relationship commenced.
Note that even though you are eligible for permanent residency, it usually takes a few months before information requests are made and processed by DHA …to confirm that you are still in a genuine and continuing relationship, prior to the permanent resident visa grant being made.
In the case of the case of onshore applications, you will then be granted a subclass 801 permanent resident visa. If the partner visa was originally made offshore as a subclass 309 then you will be eligible for the grant of the subclass 100 while you are on shore.
Hi Nilesh,
My partner and I have been together for 2 and a half years, we have had a shared lease since July 2019 in the UK, and before that we were living with my parents from October 2018. I have already lodged a de facto partnership visa – we haven’t registered our relationship as we have a lot of evidence to back our relationship.
In September 2019 I applied offshore for my partner visa and our plan was to travel Europe from August 2020, as this is when his visa expires for the uk, until my visa was granted for Australia. With the wait time currenly at 13-21 months that would mean travelling until anywhere between October 2020 and June 2021 which we are well prepared for. Obviously COVID19 is having a huge affect on our plans and I applied for an exemption to travel, to which they said I need to hold a visa and they can’t bring my previously lodged visa forward, which is okay because I am eligible for a working holiday visa which brings me onto my query.
Would I be okay to head there on a working holiday visa because I applied for my visa offshore I am concerned what issues I will run into if I am in Australia when my partner visa is granted. Is it a case of heading to New Zealand and coming back to validate that visa or can I not be in the country at all?
Thanks
Great question.
The offshore subclass 309 version of the partner visa can only be granted if you are offshore.
Nothing stops you from entering Australia on a visitor visa or a working holiday visa.
At the time DHA is ready to grant your 309 visa, they will check their systems and if you are inside Australia, typically contact you or your agent and explain that they are ready to make it grant …and give you an opportunity to exit (to New Zealand as you have suggested in your question) so that they make the 309 grant to you.
If this clear?