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
We both are indians..My boy friend has moved to australia in august 2018 and he is completing his masters in June 2021…can he add me as his wife (we are in relation from 5 years but we are not married) while dropping TR
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Hi,
I, who am on a student visa and currently studying have been in a relationship with my girlfriend of Australian citizen for the past 2 months. Its just been 1 week since I have moved in with her.
We are planning to register our relationship as a de facto relationship. What I wanted to make clear was that being in a de facto relationship does that mean I can apply before 12 months to our relationship, or can I only apply after living for a minimum of 12 months?
Also my girl friend, has some health problems (for which she receives disability allowance). So I emotionally and physically support her, which is one of the reasons we are living together now.
Does this situation favor the application, regarding the application being processed quicker or being approved.
I think you should be ok on both fronts rules as they stand for de facto partner visa relationships at the present time.
To be clear you do not need to show 12 months worth of cohabitation etcetera if you a relationship registered in the state of Victoria.
Dear Mr Nandan,
This information is very clear and helpful regarding De Facto partner visas.
However I have an out of the box question regarding partner visas with health issues such as cancer. If the partners are already in a committed long term relationships of over 15 years and the applicant has a cancer, should they try to apply for a partner visa 309/100? Would a health waiver be considered in that situation?
Would the department refuse the application because of the cancer?
What’s the departments history on these type of cases in your experience?
Thanks in advance for your insight.
Partner visas do allow for a health waiver application to be entertained however whether or not the waiver will be granted is a discretionary matter and in the case of cancer I think that you will have very significance difficulties in getting a visa granted.
Hello, I have some enquiry want to ask for my partner, and regarding onshore de-facto partner visa. With a bit complex case. I’m Australian Citizen since 2015, originally born and grew up in HK. My partner from Malaysia- Chinese. He came to Perth in Sept 2017 by tourist visa and in Dec 2017 he applied the protection visa 866 but got refused, and applied in AAT through some agent helps. Still waiting for AAT hearing until now, and currently he is holding BVA. Me and him knew on July 2018 and we staying commit our relationship living together since Feb 2019. Our original plan is to get marry in Dec 2020 and apply partnership visa, however few factors affecting our original plan.
I would like to seek for some professional advises regarding onshore de-facto partner visa with him and I believe he must satisfy schedule 3 and section 48 bar removal, not sure if with his hand injury can satisfy the compassionate and compelling reasons Looking forward to get some helps and assistance for application of onshore de-facto partnership visa , if not any other options, looking forward to hear from you as soon as possible, thank you very much.
Hi.
Covid has kept myself and my Thai partner apart for 16 months now as before Covid we were getting ready to take the next step for us. its becoming mentally draining and frustrating talking via video calls every day and night. is there anything that can be done to get my partner in to Australia in this current climate.
Kind Regards
It’s unclear if you are in fact in a defacto relationship or wherever you are engaged.
If defacto, the consider registering your relationship and lodging a partner visa now.
If you can’t register, then consider whether you meet the 12 month rule.
If you can’t register and can’t meet the 12 month rule, wait till COVID is over and get married and lodge partner visa then or consider lodging a prospective marriage visa now.
To discuss properly, you can book in a chat with me here:
MyVisa.com.au/10-min-chat
I will give you a brief outline of my visa process and then ask a question
I am British – my partner is also British but in Oz as a PR since 2018
Met Dec 2019 travelling Malaysia
Entered into a long distance relationship Jan 2020
I visited Australia March 2020
We registered our relationship in QLD April 2020 before I went back to the UK
Got exemption to travel to Aus Dec 2020 and landed Dec 2020 on and E visitor visa
Left quarantine and moved in with my partner Jan 2021
Applied for 820 visa March 2021 – The visa was applied for on the basis that we were Defacto Partners based on the registered relationship.
The application was made “Decision Ready”
820 visa was granted 17/5/21
So the question is – Can me and my partner now get married??
We were advised that we should not get married whilst i was on my BVA bridging visa and it could nullify the registered relationship. But now the 820 is granted can we get married or do we have to wait until the 801 visa is granted?
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