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
Can you apply for a partner visa and NOT live with your partner? If you register your relationship with the state, does that allow you to validate your relationship without moving in?
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My partner applied last year for a defacto visa with her ex-partner and is still waiting for approval. Their relationship is registered (but has now ended). She is now in a genuine relationship with me (I’m an Australian citizen) and I would like to sponsor her so she can be stay in the country.
What is the best thing to do when someone changes partners while waiting for a defacto visa application to be approved i.e. what options do we have to move forward?
Thank you!
If you are still waiting for a decision in relation to a partner visa (this would mean your partner holds a bridging visa at the present time) then you should contact me urgently about withdrawing that application and lodging a fresh partner visa application.
If there is a partner visa that is refused then you will have a difficulty in lodging a fresh partner visa application whilst in Australia and you should seek to avoid that situation if at all possible.
A guiding light in all of this is to make sure that you do not mislead the Department of Immigration in relation to whether or not your partner ha in fact a continuing genuine relationship with his (ex) partner.
You can use this link to book in a complimentary chat with me without charge to discuss this matter further if that helps you.
Myvisa.com.au/services
My partner applied for permanent residency with his ex-partner and the primary applicant was his ex-partner. They got the PR in 2014. They got separated in 2015 and divorced in 2017. We have been together in a de-facto relationship for over 18 months, can my partner sponsor me?
Yes!
The sponsorship limitation on serial sponsorship for partner visas only applies in relation to more than one partner visa.
If your partner was sponsored as a dependent on an employer-sponsored visa, the serial sponsorship rules do not apply but even if they did, you could proceed to lodge a de facto partner visa application now because the timing would allow an application to be made now.
Although the time period between two partner visas needs to be five years, these dates are counted from the date of lodgement of the first partner visa permission to the date of decision in relation to the second partner visa permission.
If you would like specific advice please book in a chat with me here:
Myvisa.com.au/services
Hi myself and my Australian boyfriend live in the Northern Territory and he want to know. How important is it to have a joint account for the visa is it a necessity for the visa as he has never wanted one and doesn’t now?
Also not that it would happen but he worries what would the outcome be if we broke up during the application or after the visa is granted?
It is most certainly possible to get a partner visa approved without having joint bank accounts.
The bigger issue is whether you share a household together and whether you are committed to each other. This does not necessarily require joint bank accounts. If you have them then well and good. I am increasingly seeing couples including also same sex couples not having joint bank accounts at all you’re still meeting the requirements of the Migration Act in relation to partner visa criteria.
Onto your second question, if your relationship breaks down before your permanent residence visa is granted then you will need to withdraw your application and jump onto another visa.
If the permanent residence visa has been granted and provided there has been no fraud or incorrect answer affecting the previous applications then you would simply part ways and there would be no visa consequence full stop the partner with permanent residency would continue to have permanent residency under the partner visa program because the law acknowledges that relationships do breakdown.
If your relationship breaks down as a result of domestic violence and you can evidence that family violence has occurred during the course of your relationship, or if there is a situation where the sponsor dies or if there is a child of the relationship then there is an opportunity under the Migration Act to seek to have the grant of the permanent resident visa, even though their relationship has ended.
Hi
My girlfriend and I have been together for 14 months. She lives in New York and we have not lived together but we have seen each other every 2 months until covid flight restrictions have been enforced and have not been able to see her. I would like to get her into the country to live with me because that was the original plan anyway. Do you think I can get a fly in exemption if we register our relationship as de facto? I live in Victoria. Or do you have a suggestion of a better way to get her to here? Thanks
I do not think that you will get any exemption for you girlfriend to fly into Victoria at the present time because of covid-19 restrictions.
If she is a girlfriend and not a de facto partner then it is unlikely that you would be able to get a relationship registered in any event because it requires you to be in fact in a de facto relationship and resident in the state for registering your relationship.
You could give consideration to lodging a prospective marriage visa.
Please give me a call to confirm your eligibility for a prospective marriage visa or another type of visa using this link to book the call.
Myvisa.com.au/services
Hi,
I’m from Uk and live in Australia with my nz gf . It will be 12 months in January 2020 we will have lived together for 12 months . We will go to nz in Feb 2020 as my gf will study for a period of time and i will go with her to nz . If we apply offshore with both my gf and myself in nz will i get grant for 461 offshore? If visa 461 is granted Does she need to come back to Australia with me and then visa will be granted ?
Have you registered your relationship?