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,
Currently I’m under a student Visa (subclass 500) and searching a way to get my boyfriend to Australia till I complete my studies. We have a genuine ongoing relationship for three consecutive years but not married. He currently studies a diploma in Sri Lanka under William Anglais institute. He was planning to apply as a student as well. Is there any possibility that he can apply for this De Facto Visa category instead of Student Visa?
Thank you.
Himashi De Silva
We have recently just got engaged And moved to Australia, Specifically, WA. Port Hedland What I wanted to inquire was That we were Wishing to get married in Australia And wanted to know exactly what all Things are there that we have to be Up to date with before getting married in Australia. Because we cannot apply for a spouse visa Without a marriage certificate. And since we have got engaged in India And haven’t got the marriage registered in India, What will be the procedure to get the marriage registered in Australia and thereafter apply for a spouse visa? What are all the requirements that are need to be met with And What are the Problems that we have to face?
Also my fiance, Is a permanent resident Of Western Australia in Port Hedland.
Hi there, my partner and I are living in NZ, my partner is an NZ citizen. We’d like to travel to AU for 3weeks in the next 2month, also, we may like to move to AU next year sometime. So, just wondering can I apply for a 600 visitor visa and a 461visa at the same time offshore? Cuz heard that 461 gonna take ages to grant, is it will affect anything if I apply two at the same time?
Cheers
Hi Shirley
You can apply for as many applications as your heart desires if you’re overseas, providing of course that they are not inconsistent with one another.
There is no relevant inconsistency between a Tourist Visa (history visa) subclass 600 and a New Zealand citizen Family relationship temporary visa subclass 461.
So go for it!
Regards
Nilesh Nandan
Immigration Lawyer
MyVisa.com.au/about
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Here is the link Shirley:
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Hi Nilesh,
This is absolutely wonderful information!! Thank you so much for these details. I was wondering if you could help with my situation.
My partner is from the UK and I’m Australian. We are currently living together in Australia and have been for the past 6 months. We’ve been together for 8 months and registered the relationship in NSW 2 months ago. His current visa runs out in January 2023 but we are hoping to move to Canada in October of this year cancelling that out.
We intend on applying for the 309 so we can travel while it is being approved.
Do you think this is the best option and when should we apply?
Thank you 🙏🏼
Hi Leanne
Thank you for your wonderful comments! Please take a moment to provide feedback here:
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I do think the 309 is NOT necessarily the best option.
I would prefer an onshore application whenever that is possible.
After making a valid onshore 820 application I would then think about the best time for making an application for a Bridging Visa “B” Class (Subclass 020). It is quite common these days to get a Bridging Visa “B” Class (Subclass 020) granted for 12 months. Of course, the other advantage is to allow you to make the application now which means that you’ll get your permanent residence visa grant or at least your provisional visa, granted sooner.
So in answer to your second question I see no reason why you should not take steps to apply now under what I consider to be more favourable rules for Partner visas.
I expect these rules to change at any time making the partner visa process a two-step process with sponsorship done first followed by a Visa application conditional on a prior sponsorship approval. This potential change has significant disadvantages, of which delay is one.
I hope this helps.
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Hi Nilesh!
I’ve been on WHV and Student and now planning to do partner’s visa. I realised on my previous visa I might have wrote my family’s name wrong from her passport because of confusion of how she use her name when were living at both my parent’s countries. Can I still fix that? or will my visa be likely rejected?
I’m not really sure if I understand your question but can I assume that your own name was spelt correctly but that your own parents’ names might have been written into the form incorrectly when compared with their own passports.
I’m assuming also that there was no purposeful deception.
In the circumstances you do need to clear the muddied waters ASAP, but the good news is I do not think that this will in anyway negatively impact on your partner visa prospects for success.
You can book in here: https://myvisa.com.au/10-minute-chat/
Regards
Nilesh Nandan
Immigration Lawyer
MyVisa.com.au/about
Hayden, I rely on honest reviews. Could you please review this service?
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Hello,
I wasn’t able to send you a private comment. I’m not sure why. My question is: would it be the right course of action to visit Australia on a tourist visa 651, and while I’m there, apply for a partner visa? My partner is Australian (and lives in Australia) and I live in The Netherlands. We have been in a relationship since January 2021.
I look forward to your answer.
Thank you,
Stephanie
What you propose is done very often and provided you are in fact a genuine visitor upon entering into Australia I see no difficulty in you being able to make the further application inside Australia as you have indicated in your message to me.
You can book in here: https://myvisa.com.au/10-minute-chat/
*In the interest of a speedy response I often use voice-to-text software. Please ignore any typographical or format errors. Call if unclear.
Regards
Nilesh Nandan
Immigration Lawyer
MyVisa.com.au/about
Steph, I rely on honest reviews. Could you please review this service?
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Hi Nilesh,
Firstly, thank you for the above! It was greatly beneficial (& an enjoyable read)!
My partner is a dual holder of citizenship in Ireland & Australia, we have been in a relationship for 3+ years & plan to move to NSW together from Ireland in July. I have successfully been granted a Working Holiday Visa (417) for which at this point I tend to travel to Australia on.
I am wondering whether it is best to apply for the partner visa offshore prior to traveling to NSW or wait upon my arrival?
I have been unable to locate online details regarding any impacts caused from applying for a partner visa with my partner on my current visa & ability to enter Australia in July!
Definitely apply after arrival in Australia.
You can book in here: https://myvisa.com.au/10-minute-chat/
Regards
Nilesh Nandan
Immigration Lawyer
MyVisa.com.au/about
*In the interest of a speedy response I often use voice-to-text software. Please ignore any typographical or format errors. Call if unclear.
Kevin, I rely on honest reviews. Could you please review this service?
https://search.google.com/local/writereview?placeid=ChIJkeLlu9W6MioRuQhOfXO6z4c&source=g.page.m.rc