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 am from the Philippines and I have been in a relationship with my Australian boyfriend for more than 3 years now. He’s visited me here a few times, and I the same in Australia, plus we take holidays together also (we make it a point to see each other at least twice a year). I was supposed to come to Australia in 2020 with the visitor visa subclass 600, but was unfortunately denied a travel exemption as I was not officially a family member nor a registered partner.
Our master plan is that I lodge my application on-shore (820/801) as it is quicker than offshore applications. I plan on getting another visitor visa as my last one has already expired. I am due for my second dose of the COVID-19 vaccination this month so we hope this increases my chances of getting a travel exemption as well. We are faced with a few concerns at this point.
1) We plan to register our de facto relationship to increase my chances of getting a travel exemption. However…..
2) If we register our relationship, we’ve been told that it could complicate my application for a visitor visa (like add restrictions i.e. no further stay, etc.)
Can you confirm both points above? Thank you!
Hello sir, Hope you’re doing good and safe,
I am indian gf of aus citizen since last 2 years and we’re planning to get marry but the border exemption is closed yet for India. In that case we both have met multiple times, lived together for 5 months in india, have evidence of our relationship from the last 2 years like call logs, chats and photographs, also from the financial term I am nominee with her insurance plan. so in this case can I apply for 300 prospective visa????
Really appreciate your response.
Regards,
Veronica
Hi Nilesh, I had studied two years in Australia and currently I am on my 485 Graduate Visa. My partner is currently studying in Australia on a student visa and we have been living together since 2018. Now, my question is when she applies for her 485 Graduate visa, can I apply with her as a de facto partner? Thanks 🙏
Hi
My partner and I have been living together for 3 years. However, we met over 8 years ago, lived abroad separately and then separated for a few years before deciding to get back together. Can this break of 3 years negatively impact our application? From a lawy standpoint?
Hi sir, i am on a student visa. Now i will apply for post study work visa subclass 485. My boyfriend live in india can i will be eligible for apply de-facto dependent visa with my file . I have been relationship with him last 7 years.
Hi Nilesh,
I’m so glad I came across this article. It has clarified MOST of my doubts. However, I’m sure the situation is diffident now due to Covid. My bf (Australian citizen) and I have been in a Long distance Relationship for over 3yrs now. He has come to visit me and vise versa now due to the border closure I am unable to enter Australia. My question is,
1) when the border open, can we register our relationship while I’m on tourist Visa? He lives in Qld.
2) once it’s registered, can we apply for the partner visa?
All while I’m on a tourist visa.
Thank you,
Looking forward to a helpful advice.
Hi Nilesh,
Am applying for partner visa on defecto relationship.
I had few doubts, I met my partner very first time in my life at my workplace in June 2017. We were only workmates and i left work 6 months later but stayed in touch while phone/text just as a friend. In Sep 2018 my partner was going through divorce and i let him stay with me as a friend and then we slowly came closer because i was also divorced and staying alone and we started our relationship around June 2019. He had to move out in July because his family was coming from overseas and he got separate place with them. I used to go and see the family almost every day and they were fully aware about our relationship. It was our joint decision not to live together in front of parents as a mark of respect for them bcz it’s not acceptable in our culture. We moved back again next day when his family left after 3 months in Oct 2019. We also have proof of long hour call details and text messages of each day. Now my question is:-
1. What date should i mention in my application where it asks date and place where applicant and sponsors first met? (Would it be at workplace ,June 2017 or Sep 2018 when he started staying with me as a friend)?
2. Date committed de facto relationship began? (What date it would be in my case? The day we officially decided to be in relationship on june 2019 or when we moved in again together in Oct 2019?
3. Date applicant and sponsor committed to a shared life together to the exclusion of all others( What date should be here looking at my scenario)?
Any help would be greatly appreciated.
Regards,
Sam