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,
I read that we can bypass the 2years waiting period between Visa 820 and 801 if we have been together for 3 years or more. Does it need to 3 years before applying for both the visas or if it becomes 3years+ after we’ve received 820 approval and then we can request for 801 process to be processed faster instead of waiting exact 2yrs as we have now been together for 3 years+?
Hello,
My partner and I are currently completing the partner visa.
We have written our relationship statements also known as our statutory declarations 5 pages in total.
This form includes:
Development of relationship
Financial aspects
Nature of our house hold
Social aspects
Commitment to each other and our future plans
However I have realized these questions are also to be filled out online when filling out the application. In this section they are capped at 2000 words for each.
Do we need to fill out these questions again online as well as our each of our own relationship statements?
Seems strange to write the same answers for a second time.
Could we just put see statutory declaration for answers on the online section.
Thanks for your help!!
Hi Ellie
Thanks for dropping by!
And thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. I feel your pain. The requirement for additional statements sucks because the form itself is supposed to be a “declared” statement – why would you need to do this twice or even thrice.
2. The solution is to simply answer in the form itself using words like these: “Please see my statement attached and marked “STATEMENT OF ELLIE XXXX ( sponsor/applicant#)”
#omit as required
3. If your application is based on a defacto relationship, register the relationship! It’s a free-pass if your state allows it!
Good luck!
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
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Ellie hello.
I am in the process of completing the same visa application to meet my partner. Can you share the result of your filling in?
We are on the same problem, do we have to write the same thing as we did on our relationship application?
I’m looking to apply for the 820 partner visa (onshore) while holding a general tourist visa to visit my partner in Australia. According to my understanding, after I lodge the partner application, I’ll be granted with a bridging A visa automatically. So does this bridging visa allow me to work (full work rights) while waiting for the approval of the partner visa? If this bridging visa doesn’t give me work permission, is there a way to apply for a working visa while waiting for the visa outcome? how hard is it to get a work permission in this case?
thanks a lot for your time and look forward to hearing from you.
Hi
*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.
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. Yes. The bridging Visa is granted as a result of your valid application for the Partner Visa (Temporary) Subclass 820 . But the important thing to note is that the Bridging Visa “A” Class (Subclass 010) does not come into effect (active) until such time as your substantive Visa (which I assume to be a visitor Visa) ceases, typically after 90 days off you entry into Australia.
3. The bridging Visa granted to you (Bridging Visa “A” Class (Subclass 010))will typically have full working rights and there will not be any necessity for you to make any application for permission to work.
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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
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
Hello Nilesh,
Your page and Q&A are a super helpful resource.
I have been with my Australian partner for over 5 years now and I would like to apply for the defacto partner VISA. We currently reside in NSW, but we both often travel internationally for work purposes so we are constantly in and out of Australia (i currently hold a . Is it beneficial to apply for the Defacto Visa while we are both in Australia (i enter on a 601 ETA visa)? Or should we just apply from overseas if that is where we happen to be at the time of submitting the application? Considering how long we have been in an exclusive committed relationship, is there any advantage to registering our relationship prior to submitting the application?
Thank you for the advice!
Hi Nilesh,
Please can you help. I am an Australian citizen, my fiancé of 3 years is on last remaining relative visa with a bridging visa A . it is a substantial visa but pending due to going to Tribunal and winning his case. Now our current agent is saying that he cannot apply for defacto with travel and work rights due to it not being a substantial visa. Can you assist or offer any help / advise.
Hello 👋 Do I need to get english test if I’m citizen of Australia when I sponsor my boyfriend? We both from China.
Thank you have a lovely day
Gina
Hi, I’m Julius Patrick, I would like to ask if it is a hindrance for us to get a de facto visa, my partner is in Australia. on financial matters, my income mostly is on online transactions like nowadays. How would we address that? thank you
I would address this question bye explaining frankly how it is that I would support myself and my partner and what my source of income is and perhaps also share details of my savings and additionally of course I would point to our combined income as a couple going forward.
There might not be a lot of supporting documentation and if this is the case I would prepare some statutory declarations.
I can appreciate he’ll be apprehensive as you must be in these particular circumstances. If it is any consolation I did note that the financial impediment to sponsoring a partner from overseas is a relatively low bar where case managers are very reasonable and flexible. This is very different to where a sponsor has a criminal record etc. 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
myvisa.com.au/about/
1300558472
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