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 can i ask if we can apply for a de facto with my partner.By the way im separated from my exhusband for 20 yrs already. My current partner is living outside Au and we have been in relationship for over 6yrs. Is it better for him to come here on TV then we will apply for de facto when he is here already.need advise.thank u
Certainly it is better to make an onshore application for any partner visa rather than an offshore application for any partner visa. The main reason for this is that you’ll be able to remain together whilst the visa is being processed. Feel free to book a 10 minute chat if you’d like to discuss: https://myvisa.com.au/book/
Hi Nilesh,
My partner and I have been together for over a year, we are currently doing long distance. She was going to move to Australia this year but the restrictions have complicated everything. It is possible to apply for entry to Australia for a De Facto Partner. However, would the de facto visa be required for this or can we just prove that we are de facto? I cannot find it specified anywhere. My partner is currently a permanent resident of another county, so we are hoping that she can apply for a non-immigrant visa instead to avoid losing her residency. She would be eligible for the subclass 417 visa.
John there are a few issues to talk through – suggest you book in a 10-minute chat to discuss: https://myvisa.com.au/book/
Hi Nilish good day !! I am under student visa I arrived here last June 2019 and on my application my status is defacto with my boyfriend that is in my home country but along the way we separated. because of long distance . This January 2020 I met a new guy and we get a long then live together starting February 2020 and till now . My student visa will expire on Sept. My question is that do u think we can apply de facto before my visa ends? with different partner? Or should I apply for another student visa for us to have more evidences and to rlimate my former status please enlighten me 🙁
Let’s talk it through – book in a 10-minute chat to discuss with me: https://myvisa.com.au/book/
My wife who wants to leave our marriage because I cheated with my best friend has come back to me. I have done everything to show remorse but she refused to come back for over 6 months she won’t even let me see my kids. I feel sorry and remorseful for my actions already but not letting me see my kids is causing me depression.
I’m sorry Lucas but this is not a matter we can help with. Suggest you call Lifeline on 13 11 14 for support for your depression. Best wishes.
Hi, at the time of lodgement, I would have been living with my partner for 7/8 months, and in a relationship for 1 1/2 years. The immigration have asked for further evidence, basically evidence why we didn’t register our relationship or didn’t meet the 12 month requirement of living together. We registered our relationship with the navy but that is it. What evidence should we give them to explain this. Our reason was we genuinely didn’t know registering our relationship with the state was a thing. And we decided to stay in aus rather than move back to my own country to continue the relationship because my partner is in the navy so he has work commitments. Please help what evidence would be best to supply? A signed letter explaining all this?
Apologies for my slow reply Kirsten. It would be best if you booked in a 10-minute chat to discuss with me: https://myvisa.com.au/book/
Hi I have got refused visa from my previous 1st marriage and got divorced and now I’m re-married with my wife and we are living together, she’s Australian citizenship and I’m on protection visa , we have be together for three years and have our baby son 1year old. I have applied for partner visa Again and I got refused again . Now I have got refused from the department to lodge my Partner visa application now it seem I can’t lodge my visa application again . My lawyer asked me to lodge from offshore as I can’t leave my family and job here . Is there another option to do my case ? Please help.
Apologies for my slow reply. There are a few issues to talk through so I suggest you book in a 10-minute chat to discuss with me: https://myvisa.com.au/book/
Hi Nilesh,
I am currently under my ex boyfriend’s 485 graduate visa as a dependent(he is not Australian). We went to apply to end our civil partnership during November 2019. After three months we’ve got a certificate documenting our relationship being over, but we didn’t inform immigration that the circumstances have changed.
I am wondering if in this situation, am I able to apply for a partner visa under my 485 dependent visa with my current boyfriend who is an Australian citizen? or likely I will get a BVC or BVE as I can’t work or leave aus ?
Or the processing time will take longer than other applicants .
Thanks you for your answer
Great question.
If you are in a genuine and continuing (new) relationship with your Australian citizen partner, then you can lodge a subclass 820 partner visa (get a new certificate). This is possible because you hold a substantive visa and you will be granted a bridging visa A in association with any subclass 820 application made at this time.
I hope this answers your questions and thank you for your comment.
Please contact me if you require further information or assistance or a quotation in relation to making the partner visa application.
Best wishes.
Nilesh