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 looking to get sponsored for a subclass 186 visa. My partner and I have been dating for 15 months now but do not live with one another currently as our plan was to continuing living with parents in order to save up enough money for a deposit in 6 months times for home.
Obviously as a result of this we don’t have any financial or household ties together currently ? Is this typically a big issue that prevents a partner being sponsored as well?
Kind regards,
BC
Hi! My tourist visa will expire on Dec 29, 2022. We applied for a registration certificate but still haven’t received it yet, even the relationship confirmation. Are we able to lodge our visa without it? Our proof of relationship that are atleast 1 year are, same address (may 2020), and Transportation with the same address. Other documents are not atleast 1 year like Joint acc, TIN ID, and Internet bills. Can we just use the tax invoice of the relationship certificate if we don’t receive it before our Tourist visa’s expire?
Hi Nilesh
My partner and I have been in a long distance relationship since 2018. She was living in Europe, where she was finishing her master’s degree, and I was living in Australia doing my PhD. We met each other multiple times on tourist visas (she visited me in Australia). But we could not meet each other during COVID from Nov 2019 to March 2022 due to border closures. We have not disclosed our relationship in previous visa applications because we did not have evidence outlined on the department website. however, she moved to Australia on a working holiday visa in October 2022 and we have registered our de facto relationship recently. Her visa expires in January 2023.
I am now applying for a graduate visa and would like to include her in the application. Since we do not have the 12-month requirement and the relationship was not disclosed in the previous applications, How would you suggest to address this situation?
Kind regards
Hi. Very useful tips. I do have a few questions though .
My bf is in Sydney and I’m in Philippines. We’ve been together for two years. He visited me in Philippines twice already. I went to Sydney to visit him also for 2 months. I’m on a tourist visa 600. If he registers our relationship, can he apply for de facto partner visa when i go to Sydney ? Thank you
Hi, just wanna ask my dad sponsored someone else for a defacto visa he recently cancelled it, tho he is legally married and not seperated legally, my mom is overseas and planning to come to australia she just granted a visitor visa and we are planning to get her a spouse visa once she come here in australia, is it possible to get her a spouse visa when she comes here? Thank you
Hi,
If I no longer together in a de-facto partner (Registered Relationship) and another partner already got married to someone else, what to do next?
What would be my marital status if I am applying for visas? “Never married” or “Separated”?
If I go for separated? What document I should hold to prove that we are not together?
Thanks
Hi Nilesh,
My company nominated me for 186 DE in July 2021 and the nomination was approved in Feb 2022. I (primary onshore) lodged my 186 DE in march 2022 and added my husband as secondary (offshore) at the time of application. (Wedding Date 30/12/2021)
We then applied for his visitor visa in july 2022 and got a 3 year visitor visa with 3 month continuous stay. He arrived to Melbourne in Aug 2022. in Nov we went on a trip just to meet this condition of 3 month continuous stay.
Is there any way we can apply for some other visa until we get the 186 granted? We dont want to keep travelling every 3 months once, How do we go about this situation?
Can we apply for bridging Visa A?