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
My partner is pregnant with our first baby and she’s just revealed that her visitor visa expired and she’s here illegally. Is there any chance we can get a de facto visa to make her legal without her being made to leave?
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. The short answer is that she will be able to stay here without having to leave.
2. The steps you take now depend on your partners, immigration history, and there is no quick answer.
3. I look forward to hearing the backstory and we can do this by telephone conference very quickly. 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
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory http://myvisa.com.au/
*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.
I sponsored my partners visa but now that his PR I has just been granted it appears that this relationship isn’t what he now wants. He wants to be single but remain in the relationship and I don’t want this.
What are my chances of having the visa revoked based on his false pretences of truly wanting a committed relationship.
My daughter is a dependant visa holder .(PR ) visa granted on August month 2022. She came to Australia before one month .She is a 21 years old . My question is when she can get married. ? If her marreige going to refuse her visa status or not ?
Hello there! My partner and i are planning to move to SA Adelaide and register as a defactor there. I’m a citizen myself but my partner is a student visa holder. Just want to know about ‘ If you are a resident of SA you can register your de facto relationship, however it is not recognised for migration purposes. ‘ does that mean there’s no way to apply for 801/820 in SA? Thanks!
Hi I’m asking a question that really bother our mind hope you can enlightened us . We’re planning to apply a de facto visa however we not meet the 12 month living together , we did register our relationship and still waiting the answer from the registration. I’m here holding tourist visa for 3 months and this is my second time to come here .
Hi Nilesh,
I just received a 189 invite for NSW state and have to submit my application within 2 months, I am planning to get married next year in India and have been in a long-distance term relationship with her for almost a year now. My relationship started when I met her in India.
How should I include her in my application? since she is my girlfriend as of now and living in another country. If possible, What documents would be required?
I also have the option of going with a 186 direct entry visa, as my company is willing to sponsor me.
Please advise me as soon as possible, as I am in a time crunch here.
Much appreciated!
Say someone applies for skilled immigration (189) while divorce is pending claiming points as being single. Then receives invitation and now the divorce is finalized; is he okay to go ahead?