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 we are planning to apply for the partner visa, we have been committed for about 5 years. Other than supporting documents and witness letters, is there any separate statement we could provide to try to shorten the bridging period? Thanks
Thanks for posting your question.
There is no separate statement other than your own statement and that of your partner together with the form 888 forms of people close to you confirming your relationship is genuine and continuing.
if your state or territory allows you to register your relationship then I would strongly recommend you do this and get a relationship certificate prior to lodging.
Best regards
Nilesh Nandan
Thank you 🙏 Nilesh
He resigned due to medical reasons and is ready to go back to work and has reapplied again but due to Covid 19 they put the job on hold.
Say it how it is.
He is temporarily not employed. This is temporary.
Thank you for your reply Nilesh I really appreciate it. Should I mention the fact that he is not working at the moment in the financial part ?
He is “in between jobs” isn’t he?
Hi,
My partner and I applied for a de facto visa and we were granted the 820 and now it is time to complete stage 2 for 801. My partner who is sponsoring me has lost his job and has not been able to get another one due to Covid 19. Will this have an effect on getting the 801?
Thanks
No it won’t stop you getting the grant, Laura!
Just make sure your relationship stays strong.
Expect delays because of Covid, but don’t expect any visa refusal if your relationship is genuine.
Thank you for reaching out to me. Hope this helps.
Regards
Nilesh Nandan
Immigration Lawyer
Hi Nilesh,
Wonderful post, thank you.
My partner and I just finished our master’s. We’ve been together for almost 7 years and lived together for at least 4. We were thinking to apply for the 485 independently, however, with the lockdowns and the COVID crises we are trying to cut down costs. Now, we are thinking that only one of us should apply to the 485 and the other would join as a de facto partner. I have a few questions.
1. Do you think is better to apply separately or as a couple?
2. If she joins my application as de facto partner, will she have full working rights?
3. We don’t have any of the proof here in Australia (i.e. shared bills, bank account, or lease). Would be this a problem or there is any other way to prove the relationship?
Thank you so much for any piece of advice.
If both of you qualify independently then I think it would make sense to spend a little bit more and to lodge two(2) separate applications at the present time.
Be careful not to compromise any answers you provide in terms of being in a genuine and continue relationship with your partner.
If you’d like weather advice and please booking a consultation with me.
Myvisa.com.au/book
Regards
Nilesh Nandan
Hi, I sponsored my partner and she has been approved for temporary residency. We are now ready to submit the PR application. Funds are a bit tight due to the covid 19 pandemic so we want to submit this ourselves. Is this ok to do or us it risky without legal representation?
If your application is genuine and continuing and you are disciplined and determined to put together all of the supporting material confirming this fact then I think that it is reasonable that you could lodge the PR part of the application yourself.
These are difficult times and any money you can save can go towards starting your new life together!💃
I wish you the very best. In case you have problems feel free to contact me again.