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 Sir,
I would like to clarify something that my agent told me. Me and my partner applied for a de facto on June 2021 onshore. We have registered our relationship in November 2020 and live partially together due to work commitments. We dont move in together until July 2021. My question is we are planning to get married and we stated it on our statement and forms. But my agent told me it is going to be risky to get married if i did not received my visa yet so she advised me to get married once the immigration made their decision. I just want to ask your personal opinion regarding this matter? Because we want a specific date to our marriage and everything is already booked in.
Thanks for any response.
Ms.A
I agree with the advice given. Listen to your agent.
Hi Nilesh,
My partner is overseas, however I am registering for a defacto relationship. However in wanting to apply for the 309 partner visa, for a defacto relationship we do not fulfill the category of living together. Is there any way that the application can still be processed? Thank you.
You don’t necessarily have to be living together full stop that is not what the law requires.
Rather the law requires you not to be living apart permanently.
Another way of saying this is that if you are living apart he must only be living apart temporarily.
These are not the easiest of submissions to make. Of course it would be far simpler for you if you were living together however that is unlikely in the case of an offshore 309 application.
If you need help with making the relevant submissions please contact me.
Hi Nilesh,
Thank you for having such an open and accessible page.
I am in Australia (an Australian citizen) and my partner is overseas (Non-Australian). Myself and my partner have an offshore partner visa pending. We recently married via a legally recognised virtual ceremony in the United States. Being that Australian marriage laws recognise a Marriage that has taken place legally within the lawful boundaries of that country will our new ‘spousal’ designation automatically exempt her from current border restrictions?
Thank you again.
This is a great question. Of course it should. The rules are that immediate family members should receive an exemption.
The fact that you have lodged and offshore partner visa application provide some dimension of support.
I have not yet had a case like yours and would be delighted if you could share your experience with whether or not an exemption was in fact granted in the circumstances.
Thank you in advance!
Hi Nilesh,
Thank you, very well explained.
I was looking for some information not sure if you could help me out here.My brother has been diagnosed with Osteosarcoma and had to have his leg amputated last month (will be using a prosthetic leg) he is currently undergoing chemotherapy.Chemo is being given just as a precaution.So he has basically been cured.He will need to retrain himself as his previous experience was in the construction industry which will be a bit difficult for him to be working in, as he will be using a prosthetic leg, manual labour will be a bit tedious.So he is wanting to study in Australia in a years time to be a Chef(passionate about cooking) .He will not need any assistance with his everyday life and will live a near normal life.What do you think his chances are in terms of his student visa approval? have looked up everywhere to see if I could get any information but nothing is available.I am really lost.Could you please give me some information or guidance.Is this option even worth considering? To study in Australia?
Your valuable advice would be very much appreciated.
Thank you so much
-Shakya
I would apply for a student visa. If he is indeed a genuine student and he passes the health criteria (yes, this is admittedly very unclear), then you’ll get him a visa.
Let’s talk in more detail.
MyVisa.com.au/10-minute-chat
Hi Nilesh,
The brief made is so clear and precise.
I have question, before my scenario is:
” I have my partner in India and me being permanent resident. We have most of the document other than joint account or joint investment.
I have registered him as de facto too.
Now if we apply for subclass 309 followed by subclass 100 given that partner being overseas, and before 100 is granted we get married during that period. What happens?
I saw some thing written that we should not marry until 100 subclass is finalized.
Please through some light.
Thanks and best regards
Note: Our plan of wedding is getting postponed due to COVID and border closure
Marriage is no problem after lodgement of 309.
The big issue to make sure about is that you are in a genuine spousal relationship both at the time of application and at the time of decision.
Marriage after lodgement and grant of a 300 before entry into Australia will be a problem.
Marriage after lodgement of a prospective marriage visa and but before grant and before entry is dealt with by notification to Immigration. The application for the 300 is converted into an application for a 309, without additional filing fee.
Contact me here is you need to discuss:
MyVisa.com.au/10-minute-chat
Hi there,
I am about to apply for a 461 visa (partner of a New zealander visa).
We are currently in Australia so will be on shore while we apply.
I am needing to exit the country soon for work reason to travel to the US.
How will I have to go about this? Will I need to inform immigration?
Thanks
Lee
You may be exempt from applying formally if you are travelling through NZ.
For detailed advice use this link
MyVisa.com.au/10-minute-chat
Hey 🙂
I’m an Australian citizen. My partner is British. We meet nearly all of the requirements for the partner visa. The one thing holding us back is the joint financial commitment. It’s a constant loop. Australia wants my partner to share finances. I’ve contacted several banks and they won’t let him join a bank account with me because he’s not in Australia! Back to the start.
I don’t think writing a Statutory Declaration will be enough but I don’t see another way around it 🙁
Do you have any guidance?
Amy
Lots of applicants get approved without joint bank accounts.
Be ball-sy! Say it how it is. Explain your personal circumstances in a stat dec.
You’ll be fine!
Nilesh