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
Hello, I am a subsequent entrant on a 482 visa to my de facto partner who also has 482 visa. If our relationship has ended, is it both parties responsibility to report the change of situation to IMMI or is it mostly the person with the subsequent entrant visa to notify of the change in circumstances?
Dear Tim,
Apologies for the delayed response. I hope this answer is still helpful to you, or at least beneficial to others in the immigration-seeking community.
If your relationship has ended while you are on a subsequent entrant 482 visa, both you and your de facto partner share the responsibility to notify the Department of Home Affairs of this change. However, as the holder of the subsequent entrant visa, it is particularly important that you report the change in circumstances to ensure your visa status is accurately updated and to avoid any potential issues with your visa conditions.
If you need help with this process or would like further advice, feel free to book a chat with me here: MyVisa/appointment.
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.
Best regards,
Nilesh Nandan
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
http://myvisa.com.au
Hi can apply 489 se for my partner we are in genuine relationship 8 months but still previous marriage not finalised yet so can not register relationship but can i still lodge 489 partner visa as i have read that do not need 12 months at the time of lodging visa 12 months should when case officer open the case is that right ? And if it yes then o would like to lodge partner visa in with your help i am happy to come and see you and lodge the visa i am living in Queensland and i know where you located so your answer here would be highly appreciated
Thanking you very much
Dear D. Patel,
Apologies for the delayed response, but I hope this answer will still be helpful to you and others who may be in a similar situation.
In terms of lodging a 489 subsequent entrant (SE) partner visa, while it is true that you do not always need to demonstrate the full 12 months of a de facto relationship at the time of lodging the visa, the Department of Home Affairs will still require evidence of your relationship being genuine and continuing. It’s important to remember that any previous marriage must be finalised to meet the criteria for a de facto relationship under Australian immigration law.
If you are unable to register the relationship due to the previous marriage not being finalised, this could be an issue when it comes to meeting the relationship criteria. The 12-month de facto relationship period is an important requirement, and the case officer will examine this during the processing of your visa. If the marriage is not yet finalised, it may be difficult to meet this requirement.
I would be happy to assist you with lodging the partner visa and provide you with guidance on how to best present your case. Feel free to book a chat with me here: MyVisa/appointment.
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.
Best regards,
Nilesh Nandan
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
http://myvisa.com.au
Hello! I was wondering how you register for a relationship in Tasmania if both parties have to be residents in Tasmania? Thank you!
Hello!
I plan to go to Australia on a work and holiday visa this year, hoping to stay longer. My fiance, who resides in Australia, is not a permanent resident yet but is working towards it. He is going for a 186 visa, either direct or via labour agreement.
His lawyer said we are not in a de facto relationship, as we have not lived together (at least not officially, and not in Australia) for 12 months. He also said that it would be better not to claim me on his application, as it would award fewer points if he did.
However, my concern is that once I come to live in Australia and stay with him, we will be considered a de facto relationship, thereby making his relationship claim on the application incorrect, and affecting his visa chances, as well as our potential for a partner visa in the future for me.
The living situation would be me and him in one room, and his sister in another. We would not be alone, however, could we be considered “being in a relationship similar to a married couple”? The “Making Your Relationship Official” page from Services Australia says there is no minimum time on a de facto relationship. Would this be considered a de facto relationship? Or would the 12-month rule still apply and he would not be breaking that until we reach that 12-month mark?
Do you have any advice? I don’t want to affect his chances of receiving a visa, nor my future chances of one.
Thank you!
Ana
Hi there,
I have recently registered my relationship in NSW as I was hoping to be added to my partner’s 482 skilled visa. I am now eligible for the 190 visa. Can I claim on my expression of interest that I am single, as I am not looking to add my partner onto the 190 visa. Or am I legally required to declare de-facto as I have registered the relationship.
Thank you
My partner and I are planning on moving to Australia in August 2023. We have been living abroad in Switzerland for several years, this is where we met. We have all the proof that we need to prove that we are ligit couple. But, I see you mentioned something about registration of our relationship. If we are not in country, do we need to declare our relationship already?
Thank you very much for your post and your patience. 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.
1. The registration of your relationship is only possible in certain states and only if you are domiciled in Australia so it is not relevant to you if you are making an application offshore.
2. What is really important in your fat situation is where you intend to make your application. By this I mean whether it is onshore offshore. If you enter Australia and make an application inside Australia then during the processing of the application it may be possible for you to register your relationship and provide it belatedly by this. I mean provided to IMMIGRATION after you have lodged your partner Visa inside Australia.
3. You must remember that some states do not allow for the registration of defector relationships. In those cases you will need to show that you have been indeed in a defector relationship for a period of 12 months before application – as I understand your case I think this should not be a problem.
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.
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Hi. im married here in the phils but separated for 32 years. iam in a defacto relationship with my australia partner for 8 years here in the phils. Now he is back to Australia and wanted me there with him. would it be possible that a defacto visa be applied and approved?