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
Nilesh,
This is great thank you. My question is – If I am on a 820 Visa and I wan’t travel back to my home country because I have a health related concern and need medical attention over a period of time in my home country – lets say 3 to 6 months will this effect my 820 visa that i am currently holding ?
Michelle
*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.
The fact that you have a health condition will certainly affect the ultimate decision at the time the permanent residence Visa 801 is assessed. Health is a criterion that needs to be met at the time of decision not at the time of application even though you have likely provided health examination results already.
The fact of travel alone is not problematic at all and if you need to exit as the holder of an 820 I see no difficulty with this whatsoever.
Remember that you should never provide false or misleading information in relation to your circumstances and if your circumstances change, these should be disclosed to the decisionmaker. Remember also that the partner visa is one of the visas to which a health waiver is potentially applicable. I would take a moment to get some specific advice about your own particular circumstances so that you can travel with greater confidence.
Use this link to book your consultation with me: https://myvisa.com.au/consultation/
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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1300558472
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Hi Nilesh! I’m Australian and my partner is Argentinian — we plan to apply for a partnership visa when eligible (we’ve already registered the relationship). As the Australian sponsor, will I be able to leave Australia for work and travel purposes? And if so, is there a limited duration of time that you can be out of the country while waiting for visa to be granted? Thank you!
1. No
2. No
*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.
If you have already registered your relationship and it is in a state or territory where the relationship registration is satisfactory for migration purposes when applying for a partner Visa then I’m curious as to why you have not yet lodged a partner Visa.
Rest assured that it is quite reasonable and often necessary for couples to exit Australia for work and other valid reasons. The important issue is that the relationship is genuine and continuing at the time of application in the case of a registered relationship, registered in a way that is suitable for migration purposes and also that the relationship is genuine and continuing at the time of decision. It is currently taking 20 months give or take seven months for a decision to be made in relation to any onshore application for a partner Visa.
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Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
Hi!
Just a quick question! I have a relationship with a Russian female and she lives in Russia. We meet in Turkey 4 months ago while I was visiting Istambul and now we planning to meet again. We are talking every day on the phone and through texting. I cannot visit her in Russia because the situation in Ukraine. I’m thinking really seriously to bring her in Australia. What are my chances and what I have to do? Thank you!
Paul
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Bringing her here on a visitor Visa can be problematic because she might be assessed as not being a genuine temporary entrant.
You would need to consider options in relation to a prospective marriage visa which is a visa granted with the expectation that she will come to Australia and marry you in Australia within nine months of arrival.
Another alternative is to lodge an offshore partner visa application. However you need to be in a genuine and continuing relationship at the time of lodging the application and if you are proceeding on the basis of a defacto relationship,it is typical that you will need to show that you are in that relationship for a 12 month period prior to making that application.
If you are fortunate enough to be able to register your relationship in one of the specified states and territories in Australia then you will be able to circumvent the 12 month requirement that you are in a Defacto relationship for 12 months before lodgement.
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Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
Hi Nilesh! Thank you for your very helpful article. I found some good tips! I do have a question reqarding traveling on a bridging visa B. I need to travel back to the Philippines but my husband (sponsor) won’t be able to join me. Would that be a problem for our 820 application? Thanks very much!
Hi June thanks very much for your question.
I’m assuming you’re not travelling back to the Philippines with a different partner.
Of course, that would be problematic.
If it’s the case that your sponsor and Partner is staying in Australia and you’re only living apart temporarily then there is no issue with this.
Let me know if you have any further questions.
*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
myvisa.com.au/about/
1300558472
Hi, thanks for the info,
We are in a de facto relationship and have been granted PR under the same application. Should we apply for citizenship separately or how do we combine the application?
thanks
Hi Rob
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You cannot combine both the applications when it comes to making applications for citizenship by conferral. You’ll need to make two separate applications and pay two separate fees.
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
Hi
How we can count five years gap to apply for 2nd sponsor .
Suppose some one got partner visa granted in july 2018 and applied for that visa in may 2017. Due to some reasons they got divorced and now want to sponsor new partner .
How we can count 5 years from 2017 or 2018 ?
Here is a list of apps that you should download onto your smart phone: telegram-gmail-googlecalendar-hubstaff-lastpass-googledrive-googledocs-pocket-austlii-uber-notability I recommend using a chrome (not Safari) browser on your desktop/laptop and get the following chrome extensions: Lastpass-pocket-chargedesk-drive On your laptop/desktop you should download and install Lastpass-telegram-hubstaff I will update this list in coming weeks.
Naz
This is a great question which many people struggle with. The period of five years starts from when the first application was lodged which is in 2017 in your case and extends until the new application is granted. As any new partner application will not be granted in 2022 even if it is lodged immediately ( it takes 20 months!) then you do not have a five year problem. So go ahead and lodge now!
Hi
How we can count five years gap to apply for 2nd sponsor .
Suppose some one got partner visa granted in july 2020 and applied for that visa in may 2017. Due to some reasons they got divorced and now want to sponsor new partner .
How we can count 5 years from 2017 or 2018 ?