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 Nilesh,
I moved to Qld on a gap year in 2016 and worked at a school where I met my partner, who is an Australian citizen. I stayed for a year and we entered into our relationship very soon after I arrived in 2016. When I had to leave back to the UK for university in July 2017, we continued our relationship long-distance. He flew over to the UK for a month in December 2017, and I lived with him for 2 months over summer in 2018. I also visited for Christmas 2018. In July 2019 I got to move back to Qld for a year on exchange with my university, where we were closer but not in the same city so visited each other consistently but we didn’t live together. We did open a joint bank account to help pay for the flights to and from. When lock-down happened in March 2020 i moved in with him, but the school he works for owns the house and part of his wages are seen as ‘rent’ so he doesn’t have a lease that I could be added to. I stayed with him until July 2020. I have had to move back to the UK to finish off my degree, while he also finishes his university in Central Queensland. We really want to live in Brisbane, but we’re not sure if we are eligible for the de-facto visa as we have never officially lived together. We have 4 years of flight receipts, photos and a joint bank account, and are incredibly committed to each other, but because of university neither one of us could stay in the UK or Qld to live together properly. What are your thoughts on this? I wold like to move there and gain permanent residency eventually.
Thanks for your help!
Helena
There are a lot of nooks and crannies involved in the history you have shared above.
The short story is that people in defacto relationships can often live apart and still meet the requirement (at the time of application and at the time of decision), of being in the genuine and continuing relationship…..provided that if they were living apart at any relevant time, they were living apart only temporarily.
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Hi Nilesh,
First of all, thanks for putting up this very informative article.
It has helped answer many questions, but I do have a few things I need more clarification on and I was hoping you could help advise on.
I am an Australian Citizen, my girlfriend is in Sydney on a student visa and it will expire in June 2021. We have been dating for 3 months now, and we are looking to get married in the 1st quarter of next year.
As I understand from this article, as we have not been dating for 12 months, the first thing we need to do is apply for a relationship register/certificate. (Are both the same or are they different, and do we need to provide any supporting documentation, photos or other related items, and what is the percentage that this is be approved and we will be able to get this relationship register/certificate?).
Do I then apply for the PR (820) before or after we get married, or does it not make a difference?
And once we have lodged the PR application, am I right in saying that even though her visa has expired, she is still able to lawfully stay in Sydney until we get the outcome from the PR 820 application?
How close to her visa expiry date should we lodge the PR application?
Thank you in advance for any advice or suggestions you can provide to us.
It is technically possible to lodge a partner visa application prior to the date of the marriage however I would not recommend this course of action.
I say this because there is a risk that you might be found not to be in a genuine and continuing relationship, sufficient for the purposes of the migration regulations, as at the time you made the application. Having a marriage certificate can combat this risk and is quite an ace of cards to hold.
Another opportunity available to you and to others in most other states but not all, is to make an application to register your relationship with the offices of Births Deaths and Marriages. Most people go for this option if their state or territory allows it.
In relation to the best time to apply I would say that you should apply as soon as you are eligible and that regard as soon as you I’m married or have a relationship certificate or at least applied for a relationship certificate.
Earlier this month it was announced by the treasurer and also followed up by the minister that rules relating to partner visas will change in the future. I think those (future) rules will be much more problematic than the current rules so I would try and lodge with the current rules as quickly as possible.
When an answer application is made by a visa holder who holds a substantive visa, and that application is made in Australia while the visa applicant is in Australia than that visa applicant will usually obtain a bridging visa A, by operation of law in most circumstances.
That bridging visa will keep the visa applicant lawfully present in Australia and usually with full work rights until such time as the decision in relation to the application is made.
The visa holder might be eligible for a different bridging visa to allow the visa holder to exit Australia for a short period and return to Australia, and then wait in Australia until the final decision is made.
If there are travel restrictions in place then you need to be aware and compliant with travel restrictions in place or obtain relevant exemptions in relation to travel both out of and into Australia.
In my experience it is taking about 20 months give or take 7 months for subclass 820 Visa applications to be decided.
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Good luck!
Thank you so much for your reply. I had no idea we can register a de facto relationship, which I believe would help a lot as we did not live together for 12 months, nor do we have children or joint assets, and only screenshots of text messages. I understand the application takes up to 9 weeks to apply. Once we have the de facto relationship registered, would I have a chance to apply for a travel exemption to enter Australia, and once there, apply for an onshore partner visa? Do you think that our case is strong enough? I would have no issues with the English test, and I am from an Apac country but I speak fluent English. Thank you.
Hi Nilesh, thank you so much for this post, we truly appreciate it.
I met my boyfriend online in January 2019, he is an Australian citizen residing in NSW. We started a long-distance relationship for 6 months with phone and video calls. In June 2019, I flew over and stayed with him for 3 months to assist and support him through a post-surgery period. We were separated for 3 months as I was in New York for work, and I returned to stay with him again for 3 months from Dec 2019 to March 2020.
I was supposed to return in March, and submit an onshore application for a Partner Visa so that we could start our life together and build up a small business as well. But since the closure of international borders, I have been unable to return. I seek your advice:
1) Both of us are in our late-40s, as such, we never had much social media proof of our relationship. Neither do we have a joint bank account or had any will made. We are not prepared for marriage either at this stage. Will all of this hinder our application for a de facto Partner Visa?
2) Once borders reopen expecting mid-2021, can I apply for a tourist visa to visit him again, and we submit an onshore application then? What are our chances?
3) Based on our circumstances, please can you advise what we can do for now and also when the borders reopen?
Thank you so much, Nilesh.
Mel
Have you considered register your relationship at the state of New South Wales? I didn’t assist with registration of relationships but you should explore your opportunity to register such a relationship even though you are currently outside of Australia.
The second issue which arise from your questions is that 2 days ago significant changes were announced in relation to the partner visa program.
English language requirements are to be introduced. These are unlikely to affect you as you are likely to be from an English speaking background. But it does change the requirements in terms of having your partner required to first be approved as a partner-sponsor before your visa application will be entertained.
The next consideration is the fact that allow it is always preferable to make the application inside Australia, get ordered to come within more preferable current rules, you should get some advice in relation to an offshore application for a de facto partner visa.
Hi Nilesh,
I am a UK citizen and met my partner of 4+ years while on a work visa in QLD in 2017. After a year in QLD living separately I moved back to the UK for university. We have visted each other back and forth for periods of 1-3 months each year. My partner is at university in QLD. In 2019 I moved to QLD on a student visa as part of my university. I moved in with my partner from March 2020-July 2020 but his house is paid for my his work with no lease so we can’t really prove I lived there during the Covid-19 lockdown. I am now back in the UK for final year of university as he finishes university in QLD. We have evidence such as years of flight receipts, cards, photos and a joint bank account as proof of our relationship. Do you think we could qualify for de-facto status? We have been committed for over 4 years, but university and visas have prevented us living together properly.
Thanks so much for your help.
Helena
Hello Nilesh,
I had a question about applying for the partner visa. My partner and I have been in a relationship for the period for 4 years, myself being the permanant resident. We have several times considered moving in together but I am supporting my mother who is unwell and dependent on myself financially. Is a partner visa in this scenario still possible for us?
I’m in the process of putting my partner visa application together. We would’ve been together for 18 months at the time of lodgement but only lived together for 7 months (with bills for 5 of those months).
We attempted to register our relationship through Victoria’s BDM site in June but due to COVID they are not issuing certificates. I have a copy of the application receipt which I’ll add to the evidence but I don’t imagine the certificate will arrive by November.
We have plenty of joint plane tickets, bank transfers, photos and messages prior to living together but I’m not sure whether this is going to be enough? Obviously don’t want to waste the money if it’s almost certain to get rejected.
Thanks!