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

immigration lawyer

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):

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:

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.

Picture of Nilesh Nandan

Nilesh Nandan

Nilesh Nandan is Australia's most sought after immigration lawyer for visa refusals and visa cancellations. Appeal your visa or get help to relodge your Australian visa application or citizenship application.

Australia’s Highest Rated Immigration Lawyer

I offer expert guidance with practical advice every step of the way.

My consultations come with a 100% Money-Back Guarantee.

521 Responses

  1. Hello,

    me andy partner consider to get married to evade the defacto requirement of living one year together.

    She is a teacher that has had her skill assessment confirmed and is likely to receive a fast approval of her application. However, we fear that including me in her 490 visa might cause a lengthy assessment of our partnership before assessing her Visa.

    As I already have a work and travel visa our other option would be to apply for a regular partner visa once she has her permanent residency. This would be substantially more costly were afraid.

    Does inclusion of partners in work visa prolong Visa approval and if yes by how long?

    Thank you very much!

    Best,
    Janik

  2. Hi. I am currently student here in australia (student visa subclass 500). Before I got here, I include my partner for de facto and my daughter in my application. I want to get them here. Is that possible? And how many months do we need to wait on processing that visa, what are the documents needed? Thank you.

  3. Hallo. I have question regarding partner visa. In my online application, next to my wife’s name (she is my visa sponsor), stand’s ‘approved’. But it isn’t granted yet. We have noted this ‘approved’status four weeks ago. What does it mean?
    Thank you.

    1. Thank you very much for your post. Here are the first three (3) things that come to my mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps. It could be that I have misunderstood you :).

      1. Without seeing a screenshot of this, I would suspect that Immigration is happy with the sponsorship approval responses are required to be approved as a separate and independent step in the partner Visa application process.

      2. It would appear in the circumstances that the sponsorship has been approved, and now the Visa application for the grant of a Visa for you is now under consideration.

      3. Be sure to have Chris details in terms of email and phone contact details in case Immigration needs to speak to your contact you about your Visa matter. Also continue to monitor your immi account.

      Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory http://myvisa.com.au/

      For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute

      *In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.

  4. Me and my my partner want to register our relationship but I am still legally married to my ex husband as none of us applied for divorce even after years of separation. Would this affect our application?

    1. Thank you very much for your post. Here are the first three (3) things that come to my mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps. It could be that I have misunderstood you :).

      1. I’m not aware of any registry which will provide you with a relationship certificate in circumstances where any party still married, even if a divorce proceeding has commenced.

      2. This may be a problem, but if you have been in a relationship with your partner for a period of 12 months, and you have evidence of being in the defector relationship, then it is possible to make an application without a relationship certificate, and without necessarily being divorced from your previous partners.

      3. Of course you have not been in a relationship for 12 months in there is scope for either making submissions to reduce the 12 month de facto relationship requirement on the one hand or on the other hand. You might be able to lodge as a de facto partner now and before the time of decision, submit for the relationship certificate (after both parties have divorced).

      For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute

      Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory http://myvisa.com.au/

      *In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.

      3.

  5. What type of Bridging Visa do you go on after applying for the De Facto Visa?

    I ask as the WHV work limitations have changed back to working with the same employer for only 6months, and I was wondering if depending on the type of Bridging Visa that I go on I may have to leave my current employer or I could stay working for the same employer whilst waiting on my De Facto Visa being approved.

    1. Hi Kirstie

      Thank you very much for your post. Here are the first three (3) things that come to my mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps. It could be that I have misunderstood you :).

      1. The answer depends on the bridging visa you hold (or the substantive visa you hold) and where you are physically at the time of application lodgement. If you are a hold of a substantive Visa, such as a visitor Visa or a work and holiday Visa at the time of lodgement of a Partner Visa (Temporary) Subclass 820, then you will typically be granted a Bridging Visa “A” Class (Subclass 010).

      2. In relation to keeping on working for the same employer, I do not think you have any problem at all because the bridging Visa A granted to you in association with your application for a defacto partner Visa will not have any work limitation.

      3. A difficulty arises if the bridging Visa A does not “Kick in” because your substantive Visa is the one that is in effect.

      For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute

      Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory http://myvisa.com.au/

      *In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.

  6. Hello I need some advice as my son has lodged a partner visa in October 2022 after his partner from Philippines came here. The problem we are having is that my son and his partner are asked to verify their 12 month de facto relationship? But they have in the meantime gotten married here in Perth WA.
    Unfortunately Immigration are still asking for them to prove their 12 month de facto relationship? We don’t understand why? Also due to Covid and lockdown in regards to travel this prevented my son and daughter inlaw getting together a long time before. Their relationship started as an online relationship and they even discussed future plans as my son wants to join the ADF and was already talking marriage due to his spouse can then travel with him etc…Can we fill in a new 888 form stating compassionate reasons for them not meeting in person early on in their relationship? What if they request a personal interview would this be a plus. They are truly a couple and love each other dearly and they live with my husband and I so we know that their relationship is real….Please if you can give us any advice? Thank you 🙏🏻

  7. Hi,

    I sponsored my ex-boyfriend with our de facto relationship for applying his PR since 2012 and he already granted his Australia citizen one year after; however, he moved back to his home country alone while I am living here then we broke up two years later in 2018.

    Do I need to do anything for this de facto separation? Do I need to submit any paperwork?

Leave a Reply

Your email address will not be published. Required fields are marked *