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
Hi! My Australian partner and I have been in a long-distance relationship for 12 months, but we don’t have evidence of shared financial responsibilities or household arrangements, except for our travel history and flight tickets. What other evidence can we provide to demonstrate the authenticity of our relationship?
Hello,
I plan to apply de facto visa under my boyfriend’s visa, which mean I’ll dependent on my boyfriend’s visa. However, If later I got sponsored from my workplace, can my boyfriend become my dependent? or I have to be under his visa.
I am curious that he should be under my visa or it’s better if I’m under his visa, or it doesn’t matter.
Hi,
i am a student on student visa and soon going to apply for TR. My partner and i are deciding to get our marriage registered so he could apply his TR on my TR. He had covid visa before and now i want us to apply for TR together. He was told he will have to go offshore to apply for TR under me. Is that true that he will have to leave Australia for him to apply TR with me?
Hi, I am in a relationship with my partner here in Australia. My partner is an Australian citizen whereas I am an international student. It’s been 6 month that we are together and we wanted to go for a defacto. How long it will take to get PR after we apply for defacto?
Thank you for your post and your patience. Here are the first three points that come to mind:
1. Has your partner previously sponsored someone, and are there any barriers to them sponsoring you?
2. Which state do you live in? Different rules apply to relationship registration depending on the location.
3. Permanent residency typically takes around 2.5 years after lodgement. You will be granted a Bridging Visa A (Subclass 010) immediately, which will take effect once your student visa expires.
There may be other significant issues related to your specific situation, so I recommend seeking tailored immigration law advice before proceeding further.
Please use this link to book an appointment with me: http://myvisa.com.au/appointment
Regards,
Nilesh Nandan
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
[myvisa.com.au](http://myvisa.com.au)
*Please note: This message has been transcribed via voice-to-text software, so please disregard any typographical or interpretation errors. Standard Notes and Disclosures apply and can be found in the footer of my emails.*
Hi i am a permanent resident living in Perth. My partner of 4.5 years is Tunisian is it possible to bring him here to reside with me. If so whats the best way to do this please
Dear Irene,
Thank you for your message.
Yes, it is possible to bring your partner to reside with you in Perth. Based on your relationship of 4.5 years, the Partner Visa (subclass 820/801 for onshore applications or subclass 309/100 for offshore applications) is likely the most suitable pathway. This visa is designed for partners of Australian citizens, permanent residents, or eligible New Zealand citizens who want to live in Australia.
The process involves demonstrating that your relationship is genuine and continuing, and this is typically supported by documentation such as joint financial arrangements, living arrangements, and social evidence.
If you’d like to discuss the best visa strategy for your partner in more detail or need assistance with the application process, feel free to book a chat with me here: MyVisa/appointment.
Regards,
Nilesh
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
http://myvisa.com.au
hii , thank you for all the information on this website ,
i came to visit my bf in NSW, Australia ,
and my visa is a visitor visa, ( valid for 6 months) , and we lived together since i came here , for 5 month so far, we have been in a relationship for almost 2 years now ( long distance, )
we used to travel to places and see each other during this time ,
my question is , can i apply for a defacto visa while im here in australia on my visitor visa ?
and “will i be allowed to work while on the bridge” waiting for the decision from visitor to defacto visa ?
thanks a lot for your answer.
Dear Ida,
Thank you for your message and the information you provided.
Yes, you may be able to apply for a de facto partner visa while in Australia on your visitor visa, but there are a few important things to consider.
First, check if your visitor visa has a ‘No Further Stay’ condition (Condition 8503). If this condition is attached, it would prevent you from applying for most other visas while you are in Australia, except in a few rare cases. It’s important to confirm whether this condition applies to your visa.
Next, relationship registration rules vary depending on where you are in Australia. In NSW, for example, registering your de facto relationship can be a way to strengthen your application, but it’s worth verifying whether registration is an option in your particular state or territory.
Your sponsor (your partner) also needs to meet certain eligibility requirements, so ensure that there are no impediments such as previous sponsorship obligations that might impact the application.
Beyond that, for a successful visa application, both you and your partner will need to meet health and character requirements. This means you will undergo health examinations, and you will need to demonstrate good character (for example, by providing police clearances).
If you’d like help with any of these steps or a deeper discussion of your options, 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.
Regards,
Nilesh
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
http://myvisa.com.au
Hello, my me and my partner both currently live in Perth. I work full time in Perth in my occupation (Architectural Draftsperson), have a bachelor degree from Australia. I am currently on 485 visa which ends in July 28th 2024. I have skill assessment completed as Architectural Draftsperson.
My partner is studying masters and will finish this June. We have been together for last nearly 2 years. After finishing she will get into 485 Visa and I will also become dependent.
Now, We have a joined bank account for expenses, We live together have rental agreement. We are planning to get Defecto certificate so we can apply her 485 for with me included as dependent.
Is this defecto certificate mandatory ? if so and are we eligible to get it ? if eligible and we get would that be sufficient for applying for 485 with dependent ?
Under the subclass 485 visa (Temporary Graduate visa), to include a dependent partner (de facto partner) in your application, the following conditions must be met:
1. Eligibility as a Dependent Partner:
• The relationship must be genuine and continuing.
• You must have been in a de facto relationship for at least 12 months before submitting the visa application unless your relationship is registered in a state or territory that allows relationship registration for migration purposes (note: this does not apply in Western Australia).
2. Proof of Relationship:
• The Department of Home Affairs requires evidence of the relationship, such as joint financial commitments, living arrangements, and social recognition of the relationship. Joint bank accounts, rental agreements, utility bills, and statements from family and friends can all serve as evidence.
3. Timing of the Relationship:
• The 12-month de facto relationship rule is an essential criterion unless the relationship is registered in a location that allows for relationship registration as a substitute for the 12-month requirement.
This means if your relationship is not registered, you will need to demonstrate that you and your partner have been in a de facto relationship for at least 12 months before applying for the 485 visa as a dependent. If you meet these requirements, your partner can be included in the application and potentially be granted the visa on this basis.
If you need more assistance or want to confirm the specific details of your situation, 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.
Regards,
Nilesh
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
http://myvisa.com.au