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
My gf is living outside Australia and I’m an Australian citizen, we have been planning to apply for a de facto visa. I’m currently studying and don’t have a stable job yet. Will that affect the financial aspect of our application? Do we need to show a lot of funds/money in our joint account or do I need to prove that I can financially support her?
Hi, I am student visa and my boyfriend is kiwi and leave in australia over 30 years but he does not have australia passport. How we can apply de facto relationship? Can we apply de facto with new zealand passport?
Thanks and regard
Hi,
Very helpful articles!
My boyfriend (an Australian citizen) is currently posted in India for work and we met 3 months back. Our relationship has become fairly serious since and we have been considering a partnership visa but staying aprt while the application processes is not an option.
I have been reading a lot about the visa processes on govt websites /blogs/lawfirm alerts, but it all seems to end with a deadlock. While it may be possible for citizens of some countries to arrive in Australia on a tourist and then apply for a partnership or marriage visa from within Australia, the same isnt true for an Indian citizen. This is quite a worrying situation for us as my boyfriend moves back to Australia by End of January and we wouldnt want to stay apart, while substantive visa application is pending.
Preparing and Applying for a lengthy and tedious partner Visa application in india and then waiting for a decision to come through is not an option for us. If we have the konths if Dec and Jan to work documents and application out, what is best solution for us? Can i apply for the Partner visa from india and then immediately apply for a tourist visa and leave with him so that we dont stay away?
Hi Nilesh, I know this is a long time ago, but I hope you would be able to read my comment.
I have a boyfriend for almost 10 years and he is offshore at the moment. I would like to ask if it is possible for him to go here on a tourist visa and we will apply for a de facto relationship and then add him to my 485 Visa? Thanks.
I have sponsored two partner visas in the past without any dependant children. I now have a 3rd partner in a 1 year relationship which is pregnant on a student Visa. I Also have a section 9 recorded against me. What do i need to do and will my Visa application be rejected if I apply. Please help
Hi Nilesh,
My partner is currently overseas, we are applying for the exemption to travel for a de facto partner, we have also just applied to register our relationship. Would she be able to come over on a 417 visa or would she have to come over on a partner visa.
Also if we have not lived together for a year does that ruin our chances of being classed as de facto? We have a lot of other evidence to back up our relationships and commitment
Thanks,
Matt
Im currently staying on Australia With a working visa. I had applied for de facto visa (Without marriage ) of my ex and visa has been Recently lodged as well. However, we are not in relationship anymore n he is not coming here as well. Now I going to marry another guy and applying him for the De facto relationship visa with marriage proofs. Can I immediately apply his visa?? Or I have to wait for some years??