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
Hie what if you’re not living together but you’re planning and saving on building a new house together and you can only do this if both participants are citizens or permanent residence
I think there are some grammatical errors in your question. However I think we just what you wish to ask me is that it possible to live apart and still be successful in relation to getting a partner granted to you.
If that is the question then the answer is that if you are living temporarily apart but otherwise are in a genuine and continue relationship at the time of application lodgement and at the time of application decision, then you’ll meet the criteria for the grant of the visa, if you are making an application for a partner visa for Australia.
Nilesh Nandan
myvisa.com.au/10-minute-chat/
Hello,
I am an Australian Permanent Resident and in a de facto relationship with my French partner. However, we live in Europe and I have never lived in Australia, I have only visited the country for vacations.
I was a minor when my step father (Australian citizen) applied for my permanent residence, which is how I got my permanent residency.
I’ve read on the government website and other websites that if I would like to sponsor my partner, I would have to show proof that I have lived/live in Australia, and that requires documents such as a police clearance, which I obviously cannot get as I never lived in Australia.
Is there a way around this? We would like to move to Australia in 2024.
If it is not possible to get around this, should my partner come to Australia on a work/travel visa, and then apply for the partner visa or prospective marriage visa once we are both in Australia?
Thank you,
Sara
Sara
Hello! Greetings from Sydney —we’re in lockdown at the present time. I understand that you both wish to move to Australia in about 2024. I assume that you are now a permanent resident visa holder of Australia and that you hold a resident return visa which will allow you to enter before that time.
I think that this idea of moving back to Australia in living happily ever after with your French partner is certainly very do-able if you are careful to get the timing correct and make sure that you do not lose your permanent residence visa in the meantime.
While the prospective marriage visa is one opportunity for your partner at the present time I think given how easy it would be for your partner to enter Australia, you should give consideration to having your partner enter into Australia and then lodge an onshore partner visa application (820).
We should discuss the technicalities around lodging a partner visa now under the presently more favourable rules – compared to having the risk of not being able to make any onshore application as easily in the future…. as can be done now by tourists who enter Australia and whose visitor visas are not restricted by any no further stay condition.
Best
Nilesh Nandan
myvisa.com.au/10-minute-chat/
Hello sir,
I have a question regarding the de facto date and shared living together date. We have registered our relationship before we move in, so what date we have to put in this section? Is it the date of registered relationship or the date we move in?
The answer to question is not that simple.
This is because the date that couples moving together is not necessarily the date that a defacto relationship commences.
Similarly the date registration of a relationship is also not necessarily the date that a defacto relationship commences.
I’d simply choose the date which is the day that you both decided you were a couple and wished to continue your life as a couple to the exclusion of others and whether not you were living together or not although if you are not living together then it must be the case that you were only living temporarily apart at that time.
Of course the date you choose on this basis might also be the same date as the day you moved in together or indeed it could also be the date on which you registered your relationship.
Best
Nilesh Nandan
myvisa.com.au/10-minute-chat/
Hello there,
My partner and I are getting ready to apply for 820 & 801.
He is a citizen now but he has previously been on a visa with his ex partner (subclass 187, he has been sponsored by his employer) and they applied over 5 years ago and have granted their PR together 2.5 years ago. Would this considered same as sponsoring a partner and should we mention this while answering the question `Have you previously sponsored/nominated a spouse, de facto partner, prospective spouse (fiancé(e)) or interdependent partner?’ from form 40SP.
Thank you so much!
Don’t worry.
You have no problem here.
The five year issue is in relation to partner sponsored visas. The fact that your partner was previously sponsored under an employer-sponsored visa does not have the same consequences as it would if your partner was sponsored under a partner-sponsored visa.
Best
Nilesh Nandan
myvisa.com.au/10-minute-chat/
Hi Sir! I am currently here in Australia on a tourist visa. Been here for 16 months already without living separately with my Australian Partner. I am 5yrs separated with my previous partner in the Philippines but not legally separated or annulled. Me and my Australian partner are planning to apply for a de facto visa. Do you think I am eligible for the de facto visa and what are the evidence that i might provide to prove that my previous marriage is no longer active since annulment is very costly and time consuming in the Philippines. I hope you could help me and give me some advise regarding my concerns.
Hi Abigail
You may well qualify! Annulment is not necessary.
Please book in with me using the link below.
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/
Hello,
I met my partner in November 2019 and we were in a relationship until August 2020 and now have been doing long distance since then due to Covid as I had to return home. We did not live together but I have strong ties with his family and friends as well as heaps of pictures from holidays and letters from when we’re apart. Is it possible to get a de facto approved even with our circumstances?
We are desperate to be back together but I cannot get in to the country due to Covid. Any advice would be greatly appreciated.
Hello,
I am french and in a relashionship with my NZ partner since nov 2019. She is living in WA under a 444 visa.
After traveling and meeting halfway to see eachother I had planned to move in with her in sept 2019 with a Working holiday visa. Easy and cheap. But covid happened and i am stuck in France.
I am also an engineer so I got my degree certified and applied as well for a Skilled visa (189,190 and 491) but no luck so far.
Everything is stuck and we are really struggeling like a lot of couples right now.
Do you think I have any chances with a 461 visa as we do not meet the defacto requirements because of covid?
thank you for your advices.