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 have a question regarding adding subsequent applicant to my 485 visa. We recently registered our relationship with state and have been dating each other just shy from one year. ( Her visa expires before we have 12 months together). We have not lived together, but since that was not a requirement to register our relationship(to get legal de facto), that should not be an issue as far as I understand.
We have pictures, chat messages that validate the length and commitment made to each other and can have Australian citizen to vouche for us and also mutual travels taken together. Otherwise no joint financial documentation.
Since I have no in depth understanding of what is exactly required, i’m concerned my application might be weak and could be refused?
Is this a valid concern or what obvious things I could do to strengthen my application?
Hi, i am currently on a visitor visa and planning to apply for an onshore partner visa based on de facto relationship (we got exemption to travel granted on the basis of de facto relationship where we included proofs such as civil partnership registration etc.) However we understand that the approval might take 2 years. What if we want to get married within these 2 years? Can we get married? I understand that relationship status must remain same but there must be a way to ensure that we get married when we want to.
Hey Nilesh
I am currently on a 482 visa and I would like to apply for a partner visa. I live with my partner and have been with him for over 1 year, is this possible? And am I am able to withdraw/terminate my work visa once we apply for the partner visa?
Thanks!
Hello Sir,
May I ask that my boyfriend completed his Master before, then hold his 485 and after that Working Holiday visa. After his Working Holiday visa expired, he became dependents on my 485 application, while waiting for my 485 outcome, my agent advised him to become dependent on my current student visa (which expires 15/3/2021). I have BVA of 485, however he has none. Should he apply for another student visa now and when I receive my 485 I will include him to my 485 again? (Since he still want to keep working, my agent advised him to apply for 408 covid visa but it seems risky for him, they don’t think it’s good idea to apply new student visa for him from now to study trade course because he completed Master before).
Thank you so much in advance Sir!!!
Kind regards
Hi! me and my australian fiancee been in almost three years relationship, and were planning to get married. his been here in the philippines twice, could you please give us advice what visa we should apply, what is best, married first before applying or before marriage. thank you so much. hope to hear from you
Hi Mary Jane
I assume that you’re currently separated with you being in the Philippines and your partner being in Australia.
As you’re not yet married and you’re not yet in a defacto relationship the only real opportunity you have is to make an application for a prospective marriage visa.
A prospective marriage visa can be upgraded into a partner visa lodged onshore after you have come on sure and married within 9 months of arrival inside Australia.
If you decide to marry after you have lodged a prospective marriage visa and that marriage, then you’ll need to advise immigration of the marriage and your application will change to either an onshore or an offshore partner visa application and assessed as such.
In short, given travel restrictions, I would suggest that the prospective marriage visa subclass 300 would be the way to proceed.
Should you wish to get a quotation from our law practice to assist you with this fiance visa immigration work then please book in a 10 minute chat with us.
Regards
Nilesh Nandan
Immigration Lawyer
MyVisa®
Hi me and my girlfriend(Australian citizen) have been in a relationship for more than one year but due to financial circumstances for we cannot afford to have our own rental property. She still studying and don’t really have a job and me on my own can’t afford a rental property on just my wage at the moment as I was jobless the whole covid period and I am from melbourne (Victoria). Would I still be able to file visa ? She lives with her dad from Monday to Thursday and and Friday- Sunday at my place. Please suggest
Dear Kani Singh
Nilesh has asked me to respond to your question.
Thank you for contacting MyVisa®.
We understand that you and your Australian partner have been in a relationship for more than one year but are not living together.
It will be challenging (very difficult) to satisfy the requirements of a de facto partner and de facto relationship.
You risk failing as you’ll need to provide evidence of the financial aspects of your relationship, the nature of your household, the social aspects of your relationship, and the nature of commitment to each other.
All very hard to do if you’ve not lived together and don’t have your own place.
Should you wish to get specific advice about your circumstances from me, you can book in a consultation with Mr Nandan here.
https://myvisa.com.au/book
Regards
Jade Lee
Immigration Lawyer
MyVisa®
Hello nilesh,
If I’m starting my regional skilled work visa after my student graduation visa, how can I bring my partner to stay with me? She is on school visa until the end of this year at the moment.