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
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Hi I have been living at my partner’s home, who is an Australian citizen, regularly from past 9 months and on and off from past two years. We live in close proximity, two minutes drive away. He is separated not divorced yet but will soon apply for one sided divorce as his ex wife won’t return his calls. We have a genuine relationship, our familys know and all our friends and colleagues. We are in a relationship from past two and half years. My student visa expires in couple of months, can I apply for defacto. The only thing we don’t have is anything under our joint name, no bank account or home bills as we pay rent all inclusive.
What can we do to get past it?
We are planning to get married once divorce sorts, probably by mid of next year, what effect can it have on the application?
Hi.
I am married but not living wit my husband since 2 years.
I am in defacto relationship since 3 years and want to apply for partner visa.
I am not divorced lived at same house for few months with ex husband but now living with my partner since 2.5 years.
How do I prove that I am separated and now wish to apply for defacto visa
Hi Nilesh,
Currently I’m on a bridging visa for (491),and before lodging my 491 visa I was holding a 485 visa. My, question is that can I apply for a partner visa 820 while on bridging visa, and can I cancel my 491 application after lodging 820 while the 491 is not yet finalised or decided?
Thanks!
Hi,
Me and my partner have met while both working on a cruise ship and this is when our relationship started back in March 2019 since then we we have managed to see each other a few times in port of calls (when we ended up on different ships)and once for a month vacation together and we are in a constant long distance relationship and well Covid did not help us much to be able to see each other either. She is planning to come to Europe for like 3/4 weeks vacation what we could spend together as soon as borders are opening up and then around September time I wish to visit her in Australia. We wish to find a way to be able to stay together and have the chance to live together. could we still have chance for partner visa if we do not register in de facto? and not been living together at all? If I go out with a tourst visa and live together for 3month could that be enough? appreciate your advice.
Hi Nilesh, we applied partners visa onshore last January 2019, currently on BVA. When we applied as de facto, we didn’t not meet the criteria of 12 months living together but we have had compelling reason we included during the application. We get married early this year and updated immi account details. Im a little worried I might get refusal, what do you think I should do?
Hi Nilesh, I have a question regarding the de facto. Me and my partner( PR holder) have been in a relationship and lived together for 2 and half years. During that time i was onshore and had to extend my student visa and eventually apply for my grad visa (485), during the application for both visa’s I picked “never married” as the relationship status. At that time I wasn’t aware how the de facto relationship worked and thought i should first register my relationship to be considered as a de facto.
I applied for my Grad visa in Jan 2020 and registered my relationship in July ,What i am worried about is the Relationship status I had picked recently for my temp visa. Will this cause any issue and should i file a form 1023. How could I approach this?
Thank you in advance.