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
I and my partner have been in a de facto relationship since September 2017. My partner is an Australian citizen. We have lived together since and have a joint bank account, rent lease, and many more evidences that are listed in home affairs website. Would we be considered as a long-term relationship and be waived from 2 staged process when we apply for the partner visa? I understand it would be circumstantial but I would like to know if the sufficient evidences are there this would be the case.
If yes, what should we focus on when we prepare the documents?
Much appreciated.
Hi Nilesh ,
Good day !!
Hope you are doing well .
I am currently in Adelaide on 485 visa and my visa expire in September 2021. My Fiancé is a citizen and stay’s in Adelaide too . We started dating each other 2 years back when I came here on student visa and recently got engaged . We registered our relationship in July 2020 in SA. We plan to apply for de facto as we can’t marry until my family can come here and they can not travel due to travel restrictions. We don’t stay together because of many personal reasons(religion mostly), but I do have him on my lease which started in Feb 2020 . We have our bank account together, we support each other financially , I recently changed my religion and have got certificate of that, we have bills together , receipts of gifts, chats and other relevant documents
What do you suggest in this case ?
Your suggestion and help will be appreciated !!
Thanks,
Ankita
Hi Nilesh,
I’m on a student visa with four more years to go before it expires however it is a packaged visa which means I still need to complete a two year program and a three year one. I am currently halfway through the two year program and due to covid it has been difficult financially.
I have a boyfriend who wants to help me but we’ve only been together for 6 months and living separately and we want to register our relationship.
We want to apply for a Partner Visa and have a few questions – Does my student visa need to continue while waiting for Partner Visa approval? (We cannot sustain the tuition fees long term). And secondly we would like to know what our chance of having our partner visa approved is.
Thank you for any advice that you can offer us.
Hi Me and my partner are applying for a defacto partner visa, I am currently on a student visa and was wondering when I get put on a Bridging Visa will I have full working rights or still be on 20hours and have to keep attending college here ? My student visa end in Oct 2021.
Regards
Gillian
Even though your bridging visa is granted to you, the visa which is in effect is the student visa… and you will need to keep on complying with your student visa conditions.
Solution:
If there is limited risk to you getting what is known as a “no further stay” condition, you might consider applying for a visitor Visa which will extinguish the student visa.
You will not be able to work for 3 months on the visitor visa but after the visitor visa ends, and assuming you lodge your partner visa whilst the holder of the visitor visa, your bridging visa will kick in and you’ll have full work rights.
Hi Nilesh,
Hope you are doing well!
I am currently in India and my fiance is in Victoria(PR). We were supposed to get married in Apr 2020 but due to covid marriage is now postponed to either Dec2020 or Jan-Feb 2021.
Is it possible for me to apply defacto tourist visa for now so that I can travel along with my partner to Australia after getting married in India. And, then apply partner visa from onshore once I reach there on temporary defacto visitor visa. What is the possibility of getting temporary defacto visa if I have photographs of engagement, marriage venue booking details of April and whatsapp chat of confirmed marriage. We dont have any common financial proofs like rent agreements or bank accounts. And our relationship started around nov 2019.
There is no such thing as:
“defacto tourist visa” or “temporary defacto visitor visa”.
It would appear from the information you have provided that you are not in any defacto relationship as recognised by Australian visa rules.
Hi
Me and my Australian partner are in a relationship for past 2 years and 7 months. We are living together and have our finance together. We met each other parents as well. I’m on the student visa at the moment and it will be ending on march next year. Do you think it makes a strong De Facto Visa case or do we need to get married (as we don’t want get married now, we want to save some money and have a wedding after 1-1.5 year)?
Don’t get married if only for a visa outcome!
You can manage a be visa without marriage.
Book in a chat with me.
Hi,
A friend has recently applied for de facto partner visa – only about 2 months. She applied onshore, and she is still on bridging visa. Unfortunately, her sponsor has become controlling resulting in emotional and psychological trauma for her from domestic violence. She wants to leave the relationship but she is fearful that her 820/810 would not be granted if she leaves. Her abusive partner has also threatened to contact Immigrations if she leaves and tell them to cancel her visa. Given that she has only got the bridging visa less than 3 months, can she apply for change of situation successfully without being the partner visa being cancelled altogether? How long does she have to live (suffering in silence) before she is able to leave the abusive sponsor and therefore be eligible to notify Immigrations of change in situation? Thank you.
Ayo
Thank you.
Please see my post of family violence. There is also a quiz I’ve created to get clarity of requirements.
If you have other questions, please ask these in that post.
https://myvisa.com.au/family-violence-immigration-guide-to-the-family-violence-rules-for-australian-immigration-updated-2020/