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
I have some questions,
i have a partner and have a child here in australia they are citizens, i am just a tourist we can’t afford the partner visa is there any other way for my tourist visa it’s so hard i’m just a tourist and i have a child here in australia to be cared for
Please any advice thank you
Hi Nilesh,
I’m in a bit of a tricky situation. I’m currently sponsored on a short term skilled visa (482) as a primary school teacher. My visa ends on the 4th of December 2021. My school have said they will not sponsor me again (was a shock). I have a Australian partner and now we are thinking the best option is to apply for a de facto relationship visa. We have been in a relationship for just under 2 years. I am worried that when I apply for the De facto that I wont have enough evidence, We have only recently stated on her lease that we are living together however i genuinely stay 5 times a week and we share bills even though we don’t share a bank. (We opened a shared bank today). On Friday we applied for a de facto relationship certificate from reading your information. I am scared that this will not come in time.
My question is, when I apply for the visa will I be granted a bridging visa which will buy me more time to get the certificate (If it has not come). Or will i have to submit this when I apply straight away? Because I don’t think I will have it by then.
Do you think being in a genuine relationship having photos, messages, holidays together and support of family members is enough evidence for now?
Or would you suggest going on a different visa of some kind?
Thanks in advance for your time.
Brian
Hi there,
My main question is can you submit a partnership visa application onshore whilst on a tourist visa (once the borders reopen). I met my partner in Australia whilst on a working holiday visa so unfortunately this is visa is no longer an option for me. I’m now back in the UK and he is here with me for a short period of time but is heading back to Australia soon. We could apply offshore however the wait time will be substantially longer and due to Covid we’ve already spent a substantial amount of time apart and don’t want to do that again. Any advice would be greatly appreciated.
Thanks
Hi Nilesh,
Your guide on partner visa is very helpful.
I am Australian citizen and my partner, who is Indian, has been living and working in Australia on an employee sponsored visa for the past 6 years and we are living together for last 4 years. He’s just had his visa 482 renewed, expiring in October 2022 but we’ve just found out his employment will last only for next 2 months or so.
We’re wanting to apply for a de facto partner visa but don’t know what conditions will be applied on his bridging visa because on his current visa he restricted to work with any other employer. If we were to apply for the partner visa now, how soon can we get an outcome once this visa is lodge. How soon can he be on a bridging visa and what kind of restriction he will have until the outcome.
Your guidance on this is much appreciated!
Hello Nilesh
Thank you for such a great advice and being so generous answering people’s questions.
I’m sorry if I’m asking something others have asked in the past. I haven’t found a direct answer online yet.
If I apply for a partner visa from Australia can I leave for an overseas holiday for a few weeks and come back while my application is being processed? Or do I lodge my application and stay here until the decision is made?
Thank you!
Hi Nilesh, My partner is Filipina and I’m Australian.
I’m still not sure which visa to apply for but either way we want to live together in Australia.
My main question is financial is it likely that the application could be refused if I’m unemployed?
I have savings and Can support her and myself but I don’t have any employment due to medical conditions.
Is this likely to be a big barrier to having a Visa approved?
Thanks
Hi Nilesh,
I hope you are well.
My 309 Provisional Partner visa was approved last November and now I am applying for the permanent one (100). I have been looking for a job and often to be eligible to apply I have to have a citizenship or a permanent residency. Does that mean that I can’t apply for those jobs?
Thank you for your help.
Best,
Mary