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
Hello. I have a permanent residency visa here in Victoria and my boyfriend is in the Philippines. We’ve been together for almost 8months. We registered our relationship here in Australia already and we haven’t seen each other yet because he’s in the Philippines. Is he able to apply defacto visa?
Hello,
Im an Australia PR holder and have brought my partner down to Australia with my child, we were in a De Facto relationship when we applied for the partner visa, while we were waiting for the 2 years of bridging we decided to get married for genuine reasons and have al the supporting documents, does the fact that we got married change anything ?
Hi Nilesh,
I did a defacto with my ex-partner,
Lodged the application in April 2017.
We broke up and cancelled the visa 2 years after that. I don’t know if she got residency or not.
I am planning to do a defacto again with my current partner,
We have been together for 2 years now,
About the 5 year rule,
Is it from 1st application lodged until the second application granted for defacto or until she gets residency?
If it’s before the 5 years
Will it be declined?
Thanks
Guillaume
Hello, I would like some advice for me and my partner (who is a USA citizen currently) regarding the best general route towards acquiring a permanent residency visa of some kind for him.
We have been a long distance unmarried couple for several years with only sporadic visits when we can afford to (put on hold due to covid). It would be a massive commitment for the both of us to move here and difficult for him to return living in the USA once that commitment has been undertaken, so we want to avoid that scenario at all cost.
We have done a lot of research, and the two main pathways we see are either going for a prospective marriage Visa, or to enter a civil partnership and go through the De Facto Visa (and get married later). As of now, it is unclear which would be easiest or quickest to go through, or have the highest chance of success. Due to the high Visa fees, having it be refused and losing that money would be devastating and affect our ability to form a stable living situation once we go for it. It is likely once we’ve figured out the path we’ll take, we’d formally consult your services in the actual Visa application. We want to start living together as soon as possible.
Thank you very much for your time and advice.
Apologies, I forgot to mention that I am currently residing in Queensland as an Australian Citizen.
Thank you also for clarifying that you are living in Queensland at the present time and that you are an Australian citizen.
Whilst it is not absolutely necessary to be cohabiting prior to the lodgement of a partner visa, the better view is that you are not yet in a defacto relationship and the registration of it whilst meaningful might not get you across the line.
The facts disclosed above suggests that the preferred pathway is a prospective marriage visa subclass 300 to be lodged at the soonest opportunity.
Hello, thank you very much for your reply Nilesh. It helps a lot to have that suggestion, as it means we can look into preparing a prospective marriage visa as soon as feasible. May I ask what are the common reasons a Prospective Marriage application may be denied? While this article helped a lot, it doesn’t go much into that type of Visa, which seems like there’d be different factors in play. Apologies if there is already a separate article for Prospective Marriage specifically, I was not able to locate it. If there is would you mind directing me to it? Thank you!
Hi
Please book in with me using the link below. It soars you’ve got some specific concerns and I can explain how to address each.
Thank you for contacting me.
Regards,
Nilesh Nandan.
Immigration Lawyer.
MyVisa® Lawyers.
Australia’s #1 Immigration Law Advisory
https://myvisa.com.au/10-minute-chat/
Hi
I have a question. Me and my partner is living separately from each other since 3 yrs. I want to apply PR and want to apply alone. We haven’t got divorced. I want to get divorced and apply but he is refusing so I thought of applying alone but problem is spouse and single point which I will loose. Do I will get any points if I am not divorced and I am applying alone though m married??.
I got altogether exact 65 points without calculating that single/spouse points. Should I apply PR. Is there any risk doing so??
Use this link to access our 7-day state-by-state detailed MIGRATION OPTION ADVISORY service. Your answers are emailed directly by our skilled migration experts. https://myvisa.com.au/7-day
Hi
I have a quotation about defacto relationship visa .
When is the application processing time start to count ? From the day applicant lodge the application or after sponsor lodge the application ?
I think the better view is that processing times will commence from the date you make the application for the partner visa. The application for the visa is also usually made with the sponsorship.
Hi Im living in Victoria and wanted to register my de facto relationship but im still married in paper but i already separated for like more than 2 years. Can i register my de facto relationship even i dont get a divorce?
Great question but no cigar.
If you’re married to somebody else then the relevant authority is unlikely to register your relationship, but you should check with the authority.
This may be helpful: https://www.bdm.vic.gov.au/marriages-and-relationships/register-a-domestic-relationship