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,
I’m an Australian Citizen in a de facto relationship living together for 13mnths. My partner is an international student which Visa expires mid March 2022. We are awaiting his divorce to be finalised in 3 March 2022 prior to arranging our wedding. However do we have to wait for his divorce to be finalised prior to registering our relationship or lodging the partner visa application?
Hi Nilesh,
Thank you for this very helpful article.
I am British and my boyfriend is Australian. We have been together for 18 months and currently live together in the UK and plan to return to Australia together next year.
I had a couple of questions that I hope you might be able to advise on if that’s ok as I haven’t seen either of these raised before.
1. I have previously held a 482 work visa in Australia which was cancelled upon my request after relocating back to the UK so that I could access my super. Will this look bad on my application?
2. We have decided not to open a joint bank account due to my partner having some bad credit history. We do pool our finances to pay bills but the account is in my name only. Am I right in thinking if I explain the rationale for this and provide other evidence (e.g. joint bills, transfers to and from eachother) that it won’t be grounds for refusal?
Thank you!
Helen
Hi Nilesh,
Thank you for having such a great and helpful page.
My partner and I have a de facto employment sponsorship visa granted (subclass 482). He is sponsored through his employer and I am on the de facto.
My partner is looking to leave his employment in June 2022 as we are moving to another country.
If my partner leaves his employment in June 2022, will my working rights cease as soon as he resigns or will I still hold working rights for a period of time?
Thank you
I married a pina who set me up for assault to leave me for a guy she was cheating on me with. I defended myself against her and was sentenced to 9 months gaol with 9 months parole back in 2018. I now want to marry the love of my life, also from the Philippines. Do I have any chance of her being granted a visa due to my gaol sentence. She has been here since June 2019 on a tourist visa
I married a pina who set me up for assault to leave me for a guy she was cheating on me with. I defended myself against her and was sentenced to 9 months gaol with 9 months parole back in 2018. I now want to marry the love of my life, also from the Philippines. Do I have any chance of her being granted a de facto visa due to my gaol sentence. She has been here since June 2019 on a tourist visa.
Hello Nilsen,
Regarding the relationship statements in the 5 aspects, because there is a limitation of 2000 words in each aspect. Would you recommend to try to write the statement within 2000 words or attach a more detailed statement using a stat dec as a piece of evidence later?
Thank you.
Hi Nilesh, I would like to ask, I have an invitation to skilled visa 189 in Oct 2021 round. In my EOI lodged April 2020, my partner and I are on a de facto relationship. However, we got engaged and planning to get married on Dec 2021. In the visa application, do you think it is safe to change the relationship status to Engaged and still get married on Dec. 2021 after submission of visa requirements? Or should we just keep the relationship status as de facto?