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
My partner and I applied for 476 visas from Iran in 2020. In the relationship status section, we chose de facto as we were. Now the officer has asked us for documents and one of these is a marriage certificate!!! We have only 28 days to upload the documents and we are confused. What should we do? Please help.
Hi, I’m looking to sponsor my partner who is here on a work sponsorship.
Im finding info relating to the proof I need that I am in fact a citizen. Is my passport & medicare recirds enough, or do I have to get hold of a fresh citizenship document? i’ve not seen it in years.
Hi Nilesh Nandan,
I was with my partner for 6 months prior to moving to WA with her. We’ve little evidence of living together prior to the move to Australia. I’m on a one-year WFH visa and we’ve lived together since, so now have the evidence of co-habiting. I’m back in the UK for a wedding just before the year is up, is it possible to move back to Australia on a tourist visa and apply from within Australia? Or should we lodge the partner visa from the UK and wait until it is granted. Thanks!
Hi Thanks for giving value free from gate keeping behind a pay wall it’s appreciated.
My Partner got granted his pr 190 with no conditions on the grant.
At the time of lodgement outside of aus he was single we was just dating. The plan was once the visa got granted which we thought might take a year we would go to aus and I do a student course and after 12 months in aus we would apply for partner visa. I was working overseas so we was long distance for a while. However then covid happened and it took way longer. During that time we got a house and got engaged. It took 2.5 years and we had to move on with our lives. When it did get granted we thought we might go in a years time after he’s activated it and apply for a partner on or offshore.
However someone said we had to update immigration about the relationship change. He got points for being single (initially these processes were put in place for people to remain single when it took 3 months to process not 2.5 years!) So it would have affected his visa that he spent thousands on and took over a year to submit. My question is what do we do now? I feel like we are stuck between a rock and hard place and if covid hadn’t happened he would have a grant I would have done a course then we would have successfully applied for a partner but now it’s all screwed up. Any advice please? We have so much evidence of a real n genuine relationship but never expected that he was expected to remain single or lose a visa for such a long period. Thank you in advance for your time.
Hi
My Aussie fiancée and I lodged my 801 and 820 onshore nov 2021. We now want to leave and live in the uk for a few years as my family are from there. Can we change to an offshore application now?
Or are eligible to apply for the 820 in nov 2023 (as I will have been 2 years since lodging the 801) could we apply for it to be offshore?
We are getting married June 2023 will this change anything in our application or process times?
Thanks
Hi, we are on de facto for 3 years. We lodged the visa and got S56 asking foe proof of Ended Marriage but I’m married in the Philippines where divorce is not possible. We can’t apply for annulment for it takes time and needs appearance in court, and it’s too expensive. What evidence can I attach for this or is my statutory declaration be enough? My ex husband and I also made settlement for children and properties, will this be also a good attachment to prove that we are not together anymore?
Hello Sir, I have some questions about de facto visa. I’m from Bangladesh and I’m planning to go Australia as a international student in a Bachelor degree, So can I add my de facto partner (I’m in a same sex relationship) in my Visa application? Then if I can add then how can we fly together? And how can prove our relationship? Please help me