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
Are there any consequences for the sponsor (Australian citizen, living in Australia) if after lodging the 801/820 visa the couple breaks up and this goes unreported?
Let’s say the couple breaks up and remains on good terms, staying friends and remaining in one-another’s lives. If the breakup isn’t reported to the government, how likely are they to be found out? If they do get audited/discovered, will the Australian citizen be punished at all?
i.e. are there any negatives for remaining a sponsor if the relationship is no longer legitimate?
Asking for a friend.
My partner and I were together for over 4 years, 3 and a half in Ireland and about 10 months over in Australia.
We did rent together when we first got here but then I decided to go up north to do some regional work and see some places.
He stayed in Perth and we said we will meet back in Perth after that.
He will be getting sponsored this year but now that I was up north it means we don’t have the year of bank accounts and rental together.
But realistically we have been together for 6 years in total.
Do you know if there is a way around this if we prove everything from the day we were together and the proof that I am back in Perth with him?
Or if he applies for his sponsorship visa this year and it may take a few years to be granted – can I add onto this visa once we have proof of 12 months prior to me adding on if this makes sense.
We don’t want to go home and he has put so much into getting his trade recognised over here.
Thanks for any help.
Hello good day,my Australian partner had planning to apply our de facto visa and our relationship is more than a year,we are not living together but i will come to his place weekly or every othet week coz i need to look after my 3 grandkids while my daughter and her husband at work,my boyfriend and i were talking every night so this is a possibility to get a visa coz our relationship is genuine and we had plenty of pictures together,where and how can we start to apply and what we can do first?we are living in Margaret River Western Australia,please answer my question and how much the agent fee and de facto visa fee?thank you and Godbless your team
Hello I have question. If I got PR in 2017 and my previous partner was added to my PR application and it was granted. The relationship broke down and we broke up. I met my current partner 6 months later and we are now hoping to apply for her to get de facto off me. I am now an Australian citizen. On the de facto form it’s asks if I nominated or sponsored any previous partners. Do I answer yes or no to this?
I’m in a long distance relationship for 4 years and my partner lives overseas. We meet once or twice a year and have spent about 3 months living together till date partly because of covid travel restrictions. Is our case eligible for de facto spouse visa? Thank you .
Hi! I’m planning to sponsor my boyfriend’s partner visa later this year however 1-2 years ago my old ex-partner and I applied for one as well, though they withdrew it as we broke up so it never went through completely (they were on the bridging visa).
Will this affect the chances of my new partner’s approval? The 5-year wait won’t apply in this case right?
Hi Nish,
My partner and I are living in Melbourne on student visa. We are now applying for PR before the student visa expires, Do we need to provide supporting documents for our relationship again at some point during the process?
We provided all the supporting documents once we were applying for the student visa, before we came to Australia.
Thanks.
Regards,
Ensi