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!
Thanks for taking the time to reply to everyone’s questions. I am currently in Melbourne on a 408 temporary activity visa which is valid until August 2023. I have however found out that my contract will be terminated in January 2022, meaning my visa will be cancelled. I would like to apply for an 820 visa with my long term Australian partner in order to remain here with her.
If I lodge an 820 visa now and get granted a Bridging Visa A, what will happen when my current 408 visa is cancelled in January when I lose my job? Will I be able to transfer onto the pending bridging visa A or will I become unlawful when my 408 is terminated? Thanks!
Hi Nilesh,
Thank you for such a thorough guide, incredibly helpful.
My partner, who is British, has been living and working in Australia on a 408 visa for the past 3 years. He’s just had his visa renewed, expiring in August 2023 but we’ve just found out his contract with his work will now end in January.
We’re wanting to apply for a partner visa (and meet all the requirements) but don’t know what this means for the Bridging Visa A. The immi website says the bridging visa will be issued when his visa expires, but his visa won’t expire, his 408 visa will be effectively cancelled. If we were to apply for the partner visa now, when his visa is cancelled in January when he loses his job will the start date of the bridging visa be brought forward from the original expiry date of August 2023 to January 2022?
Alternatively, when he loses his job and his visa is cancelled, could he legally remain in the country and we apply for the partner visa then? If so, would he be issued a bridging visa even though he will no longer hold a current visa?
Thank you, any guidance on this is much appreciated!
I would apply for two separate visas.
Firstly I would apply for a fresh 408 which has an expiry coinciding with the termination date of employment.
It may take several months for this visa to be granted but it will expire at the appropriate time.
It is important to shorten the time because you really do not want to have any visa cancelled if you can avoid this at all.
Cancellation has very severe consequences from a legal perspective relative to simple exploration of a visa. Additionally you don’t want to have to explain to foreign immigration agencies that you have previously been granted a visa which was cancelled as it could deny you from automatic visa grants otherwise available for entry to those other countries.
Secondly I would make application for a partner visa based on your de facto relationship.
The grant of the first visa application I’ve proposed will extinguish the existing 408 visa.
Image it Lee after lodgment of a subclass 820 Visa you will be granted a bridging visa A class. This a class visa will sit like an angel on your shoulder until such time as your 408 visa expires in January of 2022. It will come into play as it midnight on the day your new 408 will expire and your partner’s employment terminates.
You will then hold a bridging visa A class typically with full work quotes until such time as the subclass 820 is granted to you.
I trust this answers all of your questions.
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Regards
Nilesh Nandan
Immigration Lawyer
MyVisa® Lawyers
Australia’s #1 Immigration Law Advisory
Hi, my girlfriend had recently submitted her 190 VIC state sponsorship EOI as a registered nurse (90points) which I think will have a great chance of being nominated.
However, my questions are: should she include me in the application as a de-facto partner (will drop to 85points) but it is quite competitive now for registered nurse with priority over the ones with highest points or should I wait until she gains her permanent residency/citizenship and then sponsor me?
I understand that this might create suspicions and DPHA might retract her PR, which brings me to my another questions, how likely is this to happen if she sponsor me not long after her PR? Have this happen before?
Anyway, therefore, we are planning to wait for a little while after her PR since I still have long years ahead with my masters by research student visa with offer to do PhD in the future. We had been living together (renting) for a year now but we do not have any share bills nor joint bank account and we never post our relationship/photos on social media.
We are just in a dilemma and seeking advice for the best option. Thank you.
The best advice here is to be truthful. You are either in a defacto relationship with your partner or you are not.
Make a decision about which it is then go forward with that.
If you wish to get specific advice in relation to the intricacies of de facto partner visa law as it applies to your own circumstances then please book in a consultation with me.
Use this link to book your consultation with me: https://myvisa.com.au/10-Minute-Chat/
Hi Nilesh,
thanks so much for the info provided. I am German and currently on a 482 work visa which expires in 14 months. My partner is Australian and we have been together for 15 months now, but no de facto certificate. If we apply now for 820 and stay in Australia past the next 14months (and if my work visa wont be extended), will the bridging visa allow me to work or study in AUS, travel overseas? We also play with the idea of potentially moving to NZ, either next year or year after. How would this affect the partner visa application as on the IMMI website they say: “you have to be in the country when the partner visa is granted”? Would the application be paused if we move overseas, or would it officially start once we move back again and it has been granted in meantime?
Thank you so much!
Not a big issue.
The processing won’t stop.
Usually the official will contact you prior to grant.
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I live in Australia I’m married but not Together for 12 years I have a girlfriend in the Philippines and I have being supporting For over 2 years we are in a committed relationship But she’s also married but separated is there anyway I can get her to Australia to live with me
The issue is whether or not you are in any defacto relationship and suggested that she is simply your girlfriend does not suggest that it is already a defacto relationship.
Unfortunately you’re not able to register a defacto relationship until such time as a divorce has been finalised.
It is not necessary to live together in order to be in a defacto relationship however it does certainly make your case a little bit harder to get approved.
Please contact me if you wish to discuss more specifically aspects of your case.
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Hi Nilesh,
I was reading your guide for unmarried couples and thought I would contact you directly. Thank you for providing such a detailed resource! It is very insightful.
I am an Australian citizen wanting to bring my partner from the UK over the pond.
I think it’s best you have the details upfront, so our relationship situation is like this:
We met in Florence, Italy in the second half of 2018, while we were both studying overseas. We started out as roommates and things progressed from there. We lived together for 6 months in total, however due to the nature of the household we did not share any bills.
At the 6 month mark her study period in Italy was over, and we decided to stay together while she returned to the UK and I stayed in Italy to finish my studies.
Mid 2019 I fly to the UK during summer and stay there for a month. We go about the country together, travel, and I get to meet meet her parents and a bunch of her friends.
A couple of months after that I fly to the UK again for a few days for her birthday.
And at the end of 2019 we decide go to celebrate New year’s together in Prague and spend about 2 weeks there.
That is the gist of the time we spent together.
Then covid hits. Due to the constant lockdowns and Italy becoming an increasingly growing red zone I decided to fly home to Australia before finishing my studies. Since January 2020 I haven’t seen my partner for 18 months.
Despite the time and distance apart we stayed together, stayed strong, and continued to message each other every day. We may not have the financial proofs of relationship, but there are almost 3 years of daily Facebook messages between us hahah
Also before covid hit, we were planning on going to live and work on the Cayman Islands after my studies were due to be finished in June 2020. We have conversations detailing this and proof she had found a job there already and I have emails with other potential employers.
Also as further action to try and be together I attempted to go to the UK multiple times, but my exemption to leave was denied each time unfortunately. I’ve got a bunch of stuff to show that was prepared for that, like a tenancy agreement that was signed by my partner, myself and the landlord, a flight itinerary, job prospects in the UK, enrolment for study, organised an exhibition for my art etc.
So yeah…We only lived together for 6 months and we don’t have any “substantial” evidence like shared bank accounts, shared bills or expenses etc. Does that matter? What we have is 6 months of living together, and almost 3 years being the total duration of the relationship so far, photos of us when we were together, flight tickets to see each other, purchases and presents for each other, a huge amount of interaction via online messaging, statements from friends and family, proof there was intent to live together in Cayman and in the UK but due to Covid we have been unable to do so.
Considering all this, what are our chances of reuniting in Australia?
I thank you for you time and look forward to hearing from you.
Use this link to book your consultation with me: https://myvisa.com.au/10-Minute-Chat/
I’m sure a telephone conference to discuss your needs would give me the clarity you need.
Hi Nilesh,
My visa 461 is currently being processed as I had been in a de facto relationship. Unfortuantely we are expereincing a relationship breakdown. Is it okay to use the temporary bridging visa to apply for visa 190 and then withdraw our partner visa?
Provided you and not prohibited by section 48 of the Migration Act, there is nothing stopping you from making an application for a subclass 190 visa application while you’re onshore.
Any further onshore visa application you make is likely to yield a Bridging Visa C class which may have limitations in terms of work and certainly does not allow overseas travel for the duration of processing.
In the interest of a speedy response I use voice to text software. Please excuse any typ. errors.