Everything You Need to Know About the De Facto Visa for Australia

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:

1. 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.
2. 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

1. 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).
2. Submit Application:
   • Applications can be lodged online through the ImmiAccount portal.
3. 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
4. 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.