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
What about 491 visa seperation?
If I applied visa for my partner for 491 visa and the visa is granted. After the grant of the visa, the relationship broken down. Do i need to notify immigration department?
Thanks
309/100 being processed and the application submitted under defacto basis following relationship registration, what issues can if the couple gets married before 309 is granted? Given the really lengthy processing timeframes, does that mean a couple has to wait years to get married?
i have submitted pcc and medical its been 2 months for 461 defacto , hwat do we expect now
Dear Qni,
Thank you for your message. After submitting your police clearance and medicals for a subclass 461 defacto visa, it’s common to wait several months as the Department of Home Affairs processes these documents. Since it has been two months, you may still be in the processing phase, but it’s worth keeping an eye out for any further requests from the department.
If you’d like to discuss your specific case or need further guidance on what to expect next, feel free to book a chat with me. We can go over your application timeline in more detail. You can book an appointment here: MyVisa/appointment.
Regards,
Nilesh
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
http://myvisa.com.au
I’m trying to bring my partner back to Australia so I can work while she visits the vountey and stays with me while we save together. She will not be working as I will be sponsoring her. My question is since I will have Ben in the Philippines with her for over 6 months while not working, how can I go about bringing her back with as little issues ad possible? I have work waiting for me when I get back and will provide my employers contact information plus have an addition sponsor through a family member. We plan on getting married soon so we are still trying to work out the best way to fo this. Any advice please in best way to do this. Any help much appreciated. Please feel free to email me this is causing a lot of stress lately
Hi
My daughter and her American partner have a partner/defacto visa. They are in the process of getting a residential visa (which is taking forever). However they are about to go back to America for a holiday. Does he need a specific visa to get back into Australia? I have read story’s of people with Australian visas not being let back in.
Hello sir ,
I m from India
I Get 190 Nsw visa invitations with my wife both. But now I separated from my wife and not getting divorces , visa officers asking PCC OF MY WIFE BUT UNABLE TO PROVIDE ,
HER PCC CERTIFICATE, can I tell to immi department my situation does I get visa ??
Hi,
My partner and I have a registered de facto relationship in NSW. I am Australian, my partner is from Indonesia and we have applied for an 801 partner visa (temporary granted).
My question is, with the recent changes to laws in Indonesia, would our de facto relationship be recognised in Indonesia allowing us to live/stay together there)? I understand the laws regarding unmarried couples living together are not yet in effect.
Hii
Is it necessary to be australia citizen .
And what’s the processing time for de facto relationship visa .
Thank you