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
I’m a defacto partner from philipines
My partner will be the student
I was only highschool graduate but i got certification for overseas jobs like electrical and GMAW
Is there a chance that my visa been approve?
Hi thank you this is quite informative.
Just wondering after two years of my 820 application, is it any deadline for applying 801? They have notified me since December, however, we both too busy to complete all the collecting evidence at moment.
Hi Nilesh,
My Spanish partner and I are looking to apply for his visa soon.
My question is focused on the finance section as we met and lived in China together (together 2 years in march). Due to living in china, we have limited documentation for finances and we tended to keep track of spending & expenses through an app. Is this an area of concern? How can we address this in the application.
With thanks,
Amber
Hi, me and my partner are planning to apply for pr on next month. Current our visa is 482 tss and my partner is the main applicant but I have overseas travel plan for 3 months myself after applying so just wondering is it still able to travel myself and Is being separated for a while a problem with visa?
Hello,
My partner and I are going to make a visa application under the New Zealand Citizen Family Relationship visa by providing evidence that we are in a de facto relationship.
We have been together for five years, should we provide evidence across the five years or just the last two? My initial thoughts were to provide evidence across the five years but provide more detailed evidence of the last two where we have lived together.
Moreover, as we live in one of our family houses we don’t necessarily have bills addressed to us or a rental agreement, how do you think we should address this in our application? We have a joint bank account, evidence of packages being delivered to one address, as well as evidence of commuting to and from one address – do you think this would be enough to satisfy the criteria?
Best wishes,
Sophie
Me and my Girlfriend are in De Facto Relationship since 2018, she just recently apply for visa 190 in WA and did not declare me as defacto for more points, On December 18,2022 she got her visa granted in just 1month. We are planning to lodge a Partner Visa on Shore on July because my TV is expiring on July 8 2023. Will it cause a problem for us because she didn’t declare it on her visa application.
Hi Sir,
Thank you for sharing important and helpful insights in your article! May you be blessed.
I am currently a visitor (subclass 600) holder and processing De Facto Partner (820) Visa, onshore Australia so I can work (BVA) and live with my partner who is an Australian citizen by birth. I have minor dependent children from previous relationship who will be declared as migrating with me.
The concern: We initially plan to bring my minor dependent children to Australia through international student visa; whilst waiting for the primary substantive visa (i.e. my partner visa) approval which may take around 24 months. However, we were informed that we cannot lodge student visa application whilst the children have on-going application as dependent under my Partner Visa. Is this true? If yes, please give advise as to how to best navigate this. Being away from minor children for long periods is not not an option any parent would choose. I’m hoping that Australia, being a family centred country, offers a solution to this kind of circumstance.
Thank you so much, Nilesh. Have a wonderful holiday with your loved ones!