De Facto Visa For Australia: A Guide For Immigrants And Married And Unmarried Australian Partners

Protection Visa MyVisa Australia Nilesh Nandan Immigration Lawyer

De Facto Visa Tips For Avoiding Visa Refusal

De Facto Visa Consultation With Nilesh Nandan

Looking to avoid a de facto visa refusal?

I’m an Australian immigration lawyer who advises regularly on visa applications for de facto partners. In this post I’ll share with you the top reasons why your Partner visa for Australia sublsclass 820 or 309 application (defacto visa lodged in Australia or lodged outside of Australia) will get refused (arghhhh!) and how you can avoid a refusal decision. You can get one-on-one advice from me once you are ready to lodge.

What is a de facto visa?

Australia offers spouses of Australians the opportunity to get a permanent partner visa. Both spouses can be in a “married relationship” on the one hand or a “de facto relationship” on the other hand.

A “de facto visa” is a “spouse visa” and might also be called a “partner visa”.

Similarly, a “marriage visa” is a “spouse visa” and might also be called a “partner visa”.

A Defacto visa application can be made on the basis of a registered relationship. You’ll get certificate issued to you in a month. You could also get a defacto visa the basis of a 12 month de facto relationship (without a certificate).

If you are applying on the basis of the relationship certificate, you don’t need to meet the 12 month rule.

Evidence for a de facto visa?

Most people think that not having enough of a pile of documents showing joint names and “couple” photos with friends and family for a 12 month period is why they’ll get refused, right?

Wrong. It’s not the quantity of material. Rather, it’s the compelling and corroborative value of the documents provided.

The de facto visa seeking couples I’ve helped in the last 20 years haven’t rushed out on the very first day of their new relationship to set up a new bank account. They haven’t rushed to execute a will (deed) naming each other as a beneficiary.

Realistically, you’d only rush to do these sort of things if your most important goal was getting a visa. Chances are that in such a case your de facto visa application isn’t that legitimate, hey?

Is your de facto visa application primarily facilitating your immigration goal? If your documents suggest this, then you are on the wrong track! Get on a different track fast.

Do you have to be divorced to be in a defacto relationship?

You can most certainly be in a de facto relationship but still be married to somebody. In order to get married again, you must first get divorced. If you are married and separated, you could be in a defacto relationship with a new partner and this could mean you may qualify for lodging a partner visa, without your divorce being finalised.

How many times can I sponsor?

As a general rule you can only sponsor a partner for a permanent partner visa on two occasions in your lifetime and these must be five years apart. There are however opportunities to sponsor more than two partners and to do so with a five year period.

De facto visa refusal

If your relationship is genuine, you are far more likely to get refused because of a visa law technicality rather than for a substantive reason…Like not holding the right visa at the time of application or being in the wrong location when you apply etc. Most partner visa applicants don’t get their de facto partner visa refused for not having enough supporting material.

It’s very possible to get a de facto partner visa grant if your relationship is genuine and you explain why you are light-on with supporting material. Most of my clients have scant documentation, yet all of them are in genuine de facto relationships.

I’ve had de facto partner visa applications with only scant supporting material, approved, time and time again.

The real issue in de facto partner visa cases, is credibility.

Has your case officer been provided with credible information that your relationship did in fact exist, to the required level, at the time prescribed by the Regulations, and that your relationship continues to exist now, at the time of decision? These are the two most important questions.

I’ve found that immigration case officers want nothing more than to approve an application, whether de facto partner visa application or anything else for that matter. Why?

Firstly, it’s a lot easier to approve a de facto visa application, then to refuse one. Writing out “reasons for decision” in a decision record if a de facto visa is refused can be very time consuming, especially when compared to how simple it is to grant a de facto visa. Department officers also recognise that an appeal to the AAT (Tribunal) might be lodged by any refused partner visa applicant and their sponsor.

Immigration officers will try to approve legitimate cases quickly.

If you provide plausible evidence supporting your legitimate case, this will save you (and your partner) the anguish of appealing against any adverse decision not to grant your visa.

I’ve also found that Immigration case officers are reasonable in their expectations of applicants when it comes to providing documentation. And if you make the right approach from the start, they will work with you to get your de facto partner visa application approved with the least amount of stress. I can help you decide what is relevant and what is not relevant to provide with your partner visa application, and how to deal with obvious shortcomings in your support material.

Give case officers complete material and explain why some supporting material is scant

Case officers expect you to furnish the details of the following four aspects of your relationship:

  • Financial
  • Nature of the household
  • Social
  • Mutual commitment

Both the visa applicant and sponsor should each make clear, separate personal statements about their relationship? Do you need help with your statements?

This is your opportunity to set out the main story of the relationship – how you met, all the important dates along the way and the development of the relationship. The right format for doing this is via a Commonwealth statutory declaration (there is a prescribed statutory declaration form 888 for this). The statutory declaration form rather than the form 888 is useful when you need to cover one specific issue and make things crystal clear for a decision maker about that specific issue.

If material is obviously missing, explain why and be truthful and frank with case officers. If you are nervous about this for any reason, make an appointment with me to help you draft the appropriate statement.

Immigration officers tend to be smart, experienced and methodical. They’ll smell a rat a mile away, and you can count on them checking things thoroughly if things don’t quite stack up for them.

Don’t try to fudge things or skim over gaps! You’ll waste a lot of time and money.

De facto visa application fees now cost around $8000 in filing fees alone.

Immigration lawyer fees are similar. You will suffer stress, delay and immigration consequences if your visa is refused. So address any gaps in your application head on. There are legitimate reasons why certain material could be scant or missing altogether. My advice is to explain carefully why stuff is missing.

If there’s any adverse information, be the first to raise it.

The credibility you will have as a result of bringing something to an Immigration case officer’s attention (rather than the other way around) may well be the credibility that ultimately saves your bacon, if you have a border-line application.

If the visa forms, personal documents and supporting explanation you and your immigration lawyer provide is credible, your application for a de facto partner visa will most likely be granted, even though there might be relatively little by way of evidence, compared to what might be provided by others.

Is de facto visa approval guaranteed?

Absolutely not! But your chances of approval are greatly improved by following the approach above.

The credibility theme is one aspect of a partner visa preparation and submission system that I’ve successfully used for over 20 years.

I’ve lodged well over a thousand successful de facto partner visa applications with the Australian Department of Immigration. Do you need help lodging yours?

Onshore subclass 820 application

A person might be eligible to apply for an on-shore (subclass 820) or off-shore (subclass 309) partner visa if they are in a de facto relationship. The onshore partner visa applied for under Subclasses 820 and 801 allows the applicant to live in Australia on the basis of a genuine spousal relationship.
The provisional partner visa (subclass 820) provides for a bridging visa which allows the visa holder to stay in Australia until a decision is made regarding the permanent partner visa (subclass 801).

The bridging visa in granted in association with an onshore partner visa lodgement, typically includes unlimited work rights and the ability to study in Australia.

Waiting period

There is a waiting period of approximately 2 years from the date of application of this visa before a decision is made to grant the provisional visa.

The permanent partner visa (subclass 801) application is made at the same time as the subclass 820 visa but the subclass 801 is only assessed 2 years after the date of application lodgement. So you’ll need to show a case officer that since the time of lodgement up to the time of getting a positive decision in relation to your permanent residence subclass 801 visa you were in a genuine and continuing relationship with your partner.

So you’ll need to show case officers that since the time of lodgement you are still together.

Eligibility requirements for de facto visa are as follows:

  1. You and your partner must have been in a de facto relationship for at least 12 consecutive months immediately before making the application or have registered your de facto relationship before making the application.
  2. If no certificate, you must have been living together for at least 12 months immediately before the application, or, if living apart, only temporarily apart.
  3. You must be sponsored by an Australian citizen or permanent resident, or an eligible New Zealand citizen. Usually this person will be over the age of 18.
  4. You and your partner must be able to demonstrate a commitment to a shared life as partners in a genuine relationship.

It is important to note that the 12 month requirement can only be waived very limited circumstances or if the de facto relationship is registered in Australia. Get advice from me about the 12 month rule and whether or not you meet the requirement.

De facto visa application work rights

The bridging visa granted in association with an on-shore partner visa lodgement, typically includes unlimited work rights and the ability to study in Australia. Contact us to discuss bridging visa options and changes to bridging visa conditions.

Criminal record and de facto visa applications

If you have criminal record, this may exclude you from visa grant or visa sponsorship. Talk to me about the particular circumstances in your case.

Offshore de facto visa applications

Offshore partner visa applications can be made under subclass 309 partner visa and subclass 100 partner visa using the same eligibility criteria as under the onshore partner visa.

The provisional partner visa (subclass 309) allows the visa holder entry into Australia and subsequently allows him/her to stay until a decision is made on their permanent partner visa (subclass 100).

New Zealanders in Australia – The Subclass 461 Option

If you a Kiwi living in Australia on a sublclass 444 visa then you may be able to sponsor your defacto partner for a visa to live and work in Australia. Useful option if your partner is not a Kiwi and you are. or the other way around.

What’s been your experience with getting visa advice for defacto visas for Australia?

Please share your comments with me. I love to know more about your experiece with applying for this visa subclass!

 

Next Step Toward Getting A De Facto Visa For Australia

De Facto Visa Consultation With Nilesh Nandan
Comments
  • Is it possible to get the Defacto partner visa(820) with a disclosable court outcomes (without conviction)Regards, thank you

      • Hi,
        I have a question, I’m holding a student visa and I’ve been in the relationships with my partner who are Australian citizen for over 1 year but we didn’t live together in the same house and didn’t have any documents together and now we want to apply for de facto visa. The problem is my student visa is going to expire on April next year. Can we apply now and how long for the de factor going to approve?

        • You should consider registering your relationship. This will help a great way towards over-coming the strict evidence requirement of the 12 month rule for defacto partner. It will mean less evidence and you have enough time if you act now to get this sorted so you could lodge a do partner visa with confidence before your visa expires in April.

          You can get a quote for us to assist you using this link.

          https://MyVisa.com.au/book

          If you liked this response, please share link on social media.

          Regard
          Nilesh Nandan
          Immigration Lawyer

  • I just have a question if it can be granted if I will apply for a de facto visa or partner visa while holding a student visa.. In short I wanna change my visa from student visa to de facto visa..if it is possible or do I have to wait when my student visa expires before I’ll apply for the de facto visa just..cheers

      • hi nilesh,

        i have a huge problem im hoping you can help me… my ex has charged a child sex offender sentenced for 12 months and i didnt cope the situation because he was on jail for 6-8 months but i went and visited him anyhow for those months but when he got paroled it was difficult to live wth him as i am scared if he will do it again and reoffended again but me and my ex now has no longer together i havent told immigration as i n eed to get some advice what should i do?

    • You may be eligible for a defacto partner visa sponsored by your defacto partner.
      Each case is different and your eligibility can be discussed at our consultations.
      Please call us on 1300558472 to arrange a consultation in person, by phone or by skype or facetime.
      Nilesh Nandan
      Immigration Lawyer | Migration Agent
      Founder | MyVisa® Australia

  • hi I have a student visa ,I’m in relationship with my boyfriend since 2 years. Can my boyfriend apply for the Defacto visa?
    thanks

    • I assume that you partner is an Australian citizenship or permanent resident.
      If you are in a genuine defacto relationship with him, then you should get advice about your options.
      You may be eligible for a defacto partner visa sponsored by your defacto partner.
      Nilesh Nandan
      Immigration Lawyer | Migration Agent
      Founder | MyVisa® Australia

  • Hi I am a permanent resident of Australia, my partner is from the uk and is over here on a working holiday 2nd year visa.
    We have been engaged since 2014 (we have know each other years from uk)
    and he came to Australia hoping to get sponcership.
    Unfortunately he hasn’t had much luck finding work in Qld (where I’m living) so is currently in Sydney desparatly trying to get something there.
    We were planning on marrying next year but the question is if we moved the wedding sooner (before his 2nd year visa ends in September 2016) would we be able to apply for a defacto?
    The resin I’m asking this also is because when I was sponcered in 2012 my ex husband got residency through me. It’s been 4 years since and 2years divorced.
    Thanks sorry essay!

    • I’ve got two questions:

      How long have you been in a defacto relationship with your current partner?

      What visa class did you apply for to get residency? ENS or RSMS?

      Regards
      Nilesh Nandan

  • My sister was just declined Defacto as they applied before she and her partner knew each other 1 year (she would have had to leave the country otherwise). She was on a bridging visa for a year and a half while a decision was made (they looked at all circumstances, docs, etc), so can she apply again for the defacto visa with the same partner since she and her partner have been together and know each other over 2 years?

  • Can I apply for the Defacto partner visa without being “registered” Defacto? We met in 2013 (have known each other 3+ years), started a committed relationship in 2015 (been together over 1 year), and lived together for 11 months in Victoria, Australia. Are we able to apply for the partner visa with all of this evidence? By the time they view our application, we will have lived together over 1 year in Victoria, but I would just like to hear a professional opinion on this matter. I am not able to register for a de facto relationship without meeting the 12 month requirement, so this is why I am uncertain of if I am able to apply for the Defacto partner visa. Thank you for your time.

    • You don’t usually need 12 months to register a defacto relationship.
      Check with the Office of Births Deaths and Marriages.
      You don’t necessarily need to have lived together for 12 months prior to lodgement “in Victoria”.
      You can be in a defacto relationship for part of that 12 month period while domiciled in another state or another country for that matter.
      Hope this helps!
      Nilesh Nandan

  • I’m an Australian Resident and my partner and I have been together for 2+ years, she can no longer afford her schooling and therefore her student visa will be cancelled (I think) and I was wondering if I can apply for a de facto visa while she’s still in the country to avoid the whole mess of leaving for a long period of time.

  • Hi there
    Hi had applied for defacto visa 16 months ago and my file just opened recently. During lodgement i didnt have enough evidence of us living together because we had different address. We were living together either on his place or mine. I couldn’t give them enough evidence of 5 months. I have provided them with written explanation about this in email. Will this affect decision of my visa?
    Thank you

    • Yes, this is likely to lead to a refusal of your partner visa, unless you can convince the case officer that you were in fact in a defacto relationship for 12 months prior to lodging the defacto partner visa application (or had registered your defacto relationship prior to partner visa lodgment).
      Hope this helps!
      Nilesh Nandan

  • I’m in a relationship and i hold a student visa and I was sponsored by a relative to come here.
    My girlfriend is in Africa , so can I apply for a de facto without involving a person who sponsored me.
    We have known each other since 2005 at high school
    Thanx

    • Tashinga
      To sponsor someone for a partner visa, you’ll need to be an Australian citizen or permanent resident.
      If you hold a student visa, then you may be able to get a “student dependent” visa for your partner, but you’ll need to come clean with your current “sponsor”.
      Hope this helps!
      Nilesh Nandan

  • My partner and I have been together over a year he has applied for a PR last year which is still to be accepted. We are getting nervous his working visa is up in November and our baby is due in September and our wedding is feb next year. We didn’t expect that the PR would take this long !
    How long would it take to get a defacto visa I don’t want to lose my family !!

    • I’m not sure if you should be worried at all.
      I assume you are both onshore and he has a bridging visa allowing for work. Right?
      How long does a defacto partner visa take to get approved after an onshore lodgment? — These things take 12 months, give or take 4 months at the present time, but yes, it could be longer.
      Hope this helps!
      Nilesh Nandan

  • Good Morning,
    I have been in a de facto relationship for 2.5 years, having visited each others country (UK/Oz) and met family/friends. I’m about to start the process of applying however the one thing that worries me, makes me hesitant is the ’12 month living together’ rule, is this a showstopper?
    Regards
    Frank

    • Frank, sorry for delayed response.
      No, it is not a show stopper.
      While co-habitation is a nice to have thing, its is not essential, contrary to what most people thing.
      Is a defacto partner Relationship Register available in your state?
      Regards
      Nilesh Nandan

  • Hi There,

    My partner is currently on a graduate visa 485. It will expire in September. And we plan to have our Partner visa lodged Early June. We are married and have a baby on the way.

    Do you think my partners visa status is going to hinder our application? or is it fine as long as his current visa is up to date and not expired?

    Thanks

    • Looks pretty good to me – provided a valid application for a partner visa is made, meeting the relevant criteria, before the subclass 485 visa expires. It is not fatal if you didn’t do this before the expiry, but avoid the pain and stress and lodge early.

      Best of luck.
      Nilesh Nandan

  • Hi Nilesh,

    Hoping to get some advice from you. My partner and I have been in a relationship for nearly 2 years, living overseas. Visit each other bi-annually and don’t believe we would have issues proving legitimacy, however more concerned regarding meeting the criteria of defacto or sponsored defacto. Looking forward to your advice

  • hi
    i m in a big mess ryt now.
    m married not divorced but leave separate from last 2 years and m in relation with australin citizen for last one and half year, and he is also separated but not divorced but in process and living with me from last 14 months as we have too many genuine documents that says we r real couple as we are, but the thing is since m on student visa and i didnot goto uni and i hot email from immigration which says they have intensions to cancel my visa .
    now my partner wants to lodge a de facto relation to keep me here what should i do so messed up that went to depression again .
    do u have any solution for me
    🙁

  • Hi good day .
    Can we possible to apply a de facto visa. I’m Australian and recidence here .My fiancé and she been grant tourist visa last 2014 good for 6 Mos . Then we apply again last year for tourist visa . And she got the multiple visa good for one year . she stay with me and were living together Is there’s a chance that we can apply a de facto visa since we live in already for almost one year. Before her visa expired ?
    Thank you
    Richie

  • Hi there, im australian and a few years ago i was in a ligimate relationship with an ex partner. We applied for the partner visa and it was approved. Due to him cheating we are no longer together. Now im in a situation were i would like to apply for a partner visa with my current partner. With no fault of my own im scared that the application will get refused because i have already applied for the partner visa once before. Will they refuse my application..any advise? Thanks

    • You must wait 5 years before you can be granted another visa is you are sponsored or sponsor someone for a a partner visa, unless there are exceptional circumstances.

  • Hi there,
    I m currently on temporary visa for partner visa, but our relationship broke down. So is there any chance get permanent visa or I have to go back..? We have a child together as well.

  • Hi Nilesh,
    My partner & I have been together 18 months. I am an Australian citizen and he is English. He visits me every 2-3 months, and stays for a month at a time. We have not been technically living together for 12 months, but he lives with me when he visits. We have a lot of evidence of our situation.
    We don’t want to spend $7000 if there is a strong chance of rejection. What are your thoughts?
    Thank you, JB

  • Hi Mr. Nandan,

    I hope you can give me an advice on this matter… I am currently on tourist visa under the sponsorship of my partner and we’ve been together for 6 months now. We are planning to register our relationship so we can apply for a de facto visa soon. My concern is, I have an unsettled debt in UAE and I was advised by a friend of mine that there is already a case filed against my name in UAE. Will this affect our application? Can we do something about it if ever I cannot get a police clearance from UAE? Thanks a lot.

  • Hi nilesh, I got my 461 visa. I don’t know when I applied for 461 visa that my partner is Australian citizen she hold a kiwi passport but immigration said she is Australian citizen can I apply for 820 visa thanks Ricky

    • If your partner is an Australian citizen and you are in a defacto relationship with her and you are onshore, then there may be a opportunity to apply for a subclass 820 Provisional Partner visa. Please book in a consult me – call 1300558472.

  • Hi There,

    My partner and I have only been in a relationship for 6 months. My working holiday visa is due to expire in 2 months, we’re looking to apply for a Defacto visa being that he’s Australian. We plan on getting married in the future but would it help if we got married before we applied for the visa since our time together has been less than 12 months?

  • Hi, thanks so much for this information!
    Im Australian citizen and I’ve been dating my partner officially for 6 months and we have been living together for 6 months, we would like to move to Australia in one year to save enough money for the visa, we will move into a house together and both be paying a mortgage. He is from the U.K.. Is it best to apply for his normal tourist visa or is it more ideal to apply for a defacto visa straight away? Can’t thank you enough for any help!

  • Hi I’m holding a Protection visa ATM, I just applied 7 months ago I didn’t get any call from immigration but I wana apply for de facto and immigration knows I’m with my partner so what is the best way for me. And also when I apply for de facto visa my old bringing visa will be cancelled automatically or I have to withdraw? And I’ve full time work right so when I granted new visa so I’ll get work right same time or I’ve to apply again?

  • Hi, my partner and I have been together for almost 2.5 years but will only have been living together for 4 months when we submit our application. My partner is an Australian citizen and came back to Australia in Feb 2017 and immediately he registered our relationship in NSW. I arrived from the UK 1 month ago on a tourist visa and plan to submit the application before this expires. We have more than sufficient evidence with regards to the social side of our relationship however will the fact we’ve only been living together for 4 months be an issue or will this be covered by the relationship registration? Thanks!

  • Great website and sound advice.

    Is it necessary to disclose a police caution on the application? They only mention convictions.

  • Hi!
    I just got a mail from immigration asking for proof of 12 months relationship like joint bank account and mail to the same address. However we have been apart for about 5 months at the beginning and we didn’t even think then of joking our accounts and as I was in Poland I didn’t use the Australian address. What should I do now ?

    • Not an easy question to answer. You’ll need to provide whatever you can and cover all the missing material in statutory declarations which, depending on quality and overall credibility, may or may not be accepted. Call me to discuss if submission help is needed or you application is refused and you need to appeal the visa refusal decision to the AAT.

  • hello
    me and my partner (who is aussie) met in aug 2016 and got into a committed relationship october 2016.
    I was living in Nz on a uk passport when we met and had been doing long distance until may 2017; both flying back and forth to one another. I have since then moved out to aus and we live together with a joint account, we also now have a puppy and we have registered our relationship.
    Am I now eligible to apply ? we have spoke of marriage as well.
    if we were to get married would that make it any easier to apply now or will i still need to wait a little longer ?
    I am currently out here on a 9 month tourist visa.

  • Hello, I’m about to get granted with PR in September and would like to sponsor my de facto partner. I met her 2 years ago overseas, and for quite a while we used to see each 2-3 weeks every 3 months. She moved to Australia last January. Since then, we have been living together. Technically, I don’t meet the 1 year-relationship requirement. Does my girlfriend still have a chance to get granted with the visa? What if they refuse her application? Can she apply later on?

    Thank you very much

  • Hello Nilesh,

    I am in a de facto relationship. I was married but separated (not legally). In creating immi account and My relationship is set as de facto, i need to add information of my other known name. My current surname is still from my ex spouse surname. Do I need to provide evidences such as marriage certificate with my ex? Do i need to declare in the immi account?

  • HI Nilesh!
    Is it nessesary to register de facto for applying for onshore Partner Visa?
    We already live together for around 3 years.
    Thank you!

  • Hi me and my partner are thinking to apply for de facto, i read alot of articles ppl say to register the relation.
    My question is if i register my relation now can i apply straight away for de facto i hope it wont get suspicious ?

    Thanks in advance

  • I am coming out to Australia (WA) on a 3 month tourist Visa and want to know the best way to proceed with a partner visa. My partner and I have been in a 3 year long distance relationship and now wish to prove a de facto relationship.

  • Hi there. My partner who is Brazilian and I have been in a relationship for nearly 2 years now however she had to return to Brazil around 11 months ago to finish her studies. During this time we have visited each other every 3 to 4 months for 1 month periods, twice with her coming here and once where I travelled to Brazil. Will this assist a partner Visa application provided we register the relationship in Jan and apply for the visa immediately while she is here? We have no joint account for financial proof however I have been transferring funds to her for savings and financial support while she studies.

  • I am with my husband for a three months now living together,but we known each other more than 12 months I went overseas and stayed at his family for four months came back and forth,he’s got bringing visa ends March 2018,we married also.My questions is can he apply for a PR please I’m n Australian citizens I don’t want him to go back please we have our joint account also.

  • my partner(sponsor) and me submit our paperwork around 18 months ago, we got an email back from the case officer asking more information for myself. i was given a list of 5 items, we are clear with 4 out of 5. one of them says “EVIDENCE OF YOUR RELATIONSHIP WITH YOUR DE FACTO PARTNER – UPDATED INFORMATION REQUIRED FROM TIME OF LODGMENT TO DATE”.
    so, do i have to provide only evidence or do i have to write a statement? thank you for your respond

  • im a permanent resident originally from US, i have a partner who is currently overseas for work. we want to apply de facto visa soon. we met here in Australia but he was married and is now separated (not legally). He was here in Australia not long ago but left due to expired visa. the only thing is that he was given false allegations and domestic violence order by his ex wife. though its civil case, will it affect the application and can we still apply for it? we have been in defacto relationship for2 years now. All evidential docs are complete. But we are just worried about the legalities.

  • I applied for a de facto visa back in March whilst still on a 457 visa. Since then I have lost my job and 457 visa is in process of being cancelled. I have found employment in NZ and will be relocating there with my Partner in the New Year until a decision is made on my Partner visa. Do I need to be in Australia when the subclass 820 is granted? We have been in a relationship for 9 years (which is classed as “long term” according to the department) so is there a chance that a subclass 801 will be granted at the same time as the 820?

  • Hi
    Very quick question.
    Can the refactor relationship registration waive the 12 month living together period?
    we’re planning to add myself(student visa) to my partner’s 457 visa as a dependent but we have only lived together for 3 month.
    looking forward to your reply

    • Sammy
      Yes – a defacto relationship certificate will assist in these circumstances ie. getting a dependent 457 visa.
      Regards
      Nilesh Nandan
      Immigration Lawyer
      MyVisa®

  • Hi

    My partner and I have been together for 2 years. We have been living together with his parents and have only recently bought our own property 2 months ago. I have just gotten an invite recently, how can I prove that the defacto status is existing more than 12 months? We have plans to get registered next year. But that would be after I lodge my visa, is it acceptable? Please advise.

  • Hey!
    Me and my partner have been together from the beginning of the year and lived with each other since mid of the year, we’re looking to apply for de facto early next year,
    He will be applying for his permanent residency at some point next year, will I have to apply to go on both or will I be added on?

    Many thanks

  • My partner and I met in January 2017 and started living together in March. She returned to Poland in July for two months, but came back on a tourist visa which expires very soon.
    We are aware that we do not meet the twelve month regulation, however we have registered our relationship – albeit only 1 month ago.
    We are currently applying for the de facto visa as we don’t want to be separated again.
    What are our chances?

  • Hi

    I am an Australian permanent resident Since 1989
    i was married and sponsored my ex-wife in 1990
    i remarried and sponsored again in 2001.
    is it possible to do a 3rd time?

  • Hello,
    My partner is currently sponsored by his work on a skilled migrant visa, can we now apply for a de facto visa (I hold an AUS passport)?
    Thank you!

  • I am on my student visa and want to apply my partner’s de facto relationship visa who is in India at the moment. We have been dating for more than 2 years but I am completing my studies here in Australia and she works in IT industry in India. Due to our study & work commitments we are not able to live together but do see each other at every 6 months time period. We don’t have a joint account or lease papers. However we do intend to register our relationship with Victorian Relationship Registration authority. I have 2 questions;
    1) Is our case strong enough to get her de-facto partner visa?
    2) Is it advisable that I call her here on tourist visa and register our relationship with Victorian Relationship Registration authority?
    Thanks in advance

  • Hi I met met my partner (Same sex) in July 2017,
    We registered our relationship in SA in October 2017
    We moved in together a shared house in November 2017 I’m listed as an occupant partner is on the lease
    We’re both on the electric and gas bill
    We have opened joint bank accounts as of Jan 2018
    And had wills witnessed from Jan 2018
    We play to apply for the 820 / 801 beginning of Feb 2018
    My WHV finishes beginning of March 2018

    In your opinion do we have a good chance?

    I’m concerned as we don’t have the 12 months living together

    Many thanks

  • My partner Daniel and I (my name is Caitlin) started our relationship on 25/10/16, we registered our relationship with BDM Vic on the 28/8/17 and started living together on the 5/11/17. Given that we will not have lived together for 12 months or had our relationship registered for 12 months when we apply for a De Facto visa (planning on applying in July as Daniels 417 visa runs out in August), in your opinion what are our chances of a successful application?

  • Hi, my partner and I have been together since Aug 2016, we registered our relationship and have been living together since Sep 2016. We applied for the Visa in May 2017 and it is pending. My partner has just been offered a job in another state and we were looking at doing long distance whilst he tests the waters in his new job. Will us living apart affect the outcome of our visa? Would we need to advise them of these changes or should we stay living together whilst the visa is bridging as we would hate to jeopardize our future by me not giving up my job and moving with him or by him giving up a fantastic opportunity.

    Thanks in advance for your help

    • Great question.

      1. Keep Immigration updated with current residential addresses.
      2. Make it clear in submissions that any “living apart” period is only temporary.

      If all other submissions are sound, you should be ok with a partner visa grant soon.

      Please contact me if you require assistance.

  • My partner is in NZ on work Visa and Im here on PR. If we register our relationship in NSW what are the chances of getting the defacto visa granted? We are in relationship for more than a year now but I recently moved to SYD not even a month. SO considering the time, is it too quick or they just want the proofs of relationship.

    • Please check registration requirements with Births Deaths and Marriages in Sydney. If you are able to get the relationship certificate, you will be likely to get the application lodged and approved. Many of my defacto visa clients have valid reasons for living apart, but you’ll need a great written submission that the living apart is only “temporary”. Please contact me if you would like assistance with this type of defacto partner visa submission.

  • Great info and comment replies. Thank you! I am on a WHV until Dec. 5, 2018 and I want to apply for the Defacto Visa around Nov. 23, 2018. That leaves about a week left of my WHV. Is this cutting it close, or will I be granted a Bridging Visa while the decision is being made? I just don’t see why I would apply any sooner, while I am still on my WHV. Thank you in advance for any feedback, it is much appreciated.

    • Bettie
      As soon as you lodge a valid application in Australia for a subclass 820 partner visa (also called a defacto partner visa) and you hold a substantive visa (WHM) then you will be granted a bridging visa to remain in Australia ordinarily until such time as a decision is made on the visa application made. The application for a bridging visa is not a separate application and is given to you by operation of law, at the time of a valid application lodgement in respect of the partner visa. If you need preparing and getting your partner visa approved, please contact our office. Regards Nilesh Nandan, Immigration Lawyer.

  • Hey i have a question i have 2 weeks before my student visa runs out and am applying for my partner visa all my paper work tomorrow morning am a little afraid of it getting rejected cause am 2 weeks from my current visa expiring date please give me some advice

    • Provided there are no problems with the partner visa being validly lodged prior to the student visa expiry, it should be ok. The bridging visa will kick in after the student visa expires, but you should consider professional advice if you are worried.

  • HEllo, i would like to ask about partner visa (defacto).My partner is a permanent resident in Australia.We started our relationship as bf/gf status on May 2016..From July 2016 he started to support me because i have kids from previous relationship. Then Dec 2016 was our first meeting.January 2017 we temporarily apart because he went back to Australia to work..Our relationship more intimate.He supports me financially,emotionally in all aspect as husband.Then Dec 2017 he went home to be with me.Then leave again temporarily for work…The question is…can we apply for defacto since our relationship is more than a year as dec 2016 as basis or starting point of out intimate relationship? Hoping for your advice regarding this…Thank you!

    • You have an arguable case. You’ll need to show that you have been in the defacto relationship for a period of 12 months immediately before you apply for the defacto partner visa (subclass 820 for onshore cases) and when you were living apart, you were only living apart temporarily.

  • Hi, im in a complicated situation.
    I have applied for a partner visa before and it was granted for my now ex spouse, we were married but did not have kids. Now we are still married but no longer living together and im just waiting for the 12 months to apply for a devorce. The 12months will be in November 2018 then i can file my divorce.
    In the mean time i have been talking to someone and this person will be coming to Australia on a 408 visa for only 6 month. I then wanted to apply for a defacto visa during this period when she is here. What proof do i need to show that our love is genuine and im intending to live with her when she comes to Australia. Im a cotizen here and its more than 5yrs since i supported my ex for a partner visa.
    She is intending to come around October/November. I wanted to lodge an application before her 6 month stay here lapses. When can i apply and what sort of evidence is required ?
    Thank you.

    • Please book in time to discuss this in detail. Timing is everything but if you can meet the 5-year requirement (serial sponsorship limitation), you should be ok.

  • Hi There,

    I’m currently on a student Visa NSW. Have been in Australia for almost 2 years. I have recently met an Australian Girl (Citizen) who lives in Queensland. We have been dating for 7 months now (Since November 2017), numerous flights backwards and forwards and are now engaged. Due to my studies at TAFE, i could not relocate to Queensland as they did not offer the same course (Package deal). We have not lived together due to our christian beliefs. My current student visa expires 30 August 2018.
    We have planned our Wedding for 15 December 2018.

    Question 1 – On the above mentioned, would i qualify for a defacto Partner Visa
    Question 2 – If i were to registrar the relationship in Queensland, would that help the visa application (820)

    Thanking you in advance!

    • 1. Not likely, certainly not before your student visa expiry.
      2. Yes it would help, but you still need to demonstrate that you are in genuine and continuing “defacto” relationship at all the relevant times.
      Please get some formal detailed advice.

  • Hello there! Thanks for all your tips! I am just wondering if i can change my visa as soon as I get to Aus. I am from the UK and will be flying in to Aus on Wednesday 23rd May 18 and will have a 12 month working Holiday visa. Since applying and being granted the visa me and my partner (she’s a new zealand citizen and we’ve been together for 16 months) have decided that we’d actually like to move to Australia for a longer period. I have been offered a job interview in Brisbane (as a chef which is also on the skilled migrant list) but currently on the working holiday I can work a max of 6 months with 1 employer and this isn’t going to go down great at the interview unless I can atleast reassure them that I MAY be able to get a defacto partnership or work visa.
    1. Can I apply for a defacto partnership of a NZ citizen visa (subclass 461) as soon as I enter Australia on my working holiday visa? I am eligible for this visa and we both meet all the requirements.
    2. Would a bridging visa remove the 6 month work restriction of a working holiday visa?
    3. Is there any way I could get the 6 month restriction removed or changed whilst waiting for the verdict if the bridging visa doesn’t?
    4. Would it be best to just apply for a skilled migrant work visa as soon as I get to Australia instead? I thought it may not be allowed as I already have a working holiday visa?

    Thank you very much!

    Theo

  • Hi. Me and my partner is on Visitor visa SC600, will expire Nov this year. We are both Australian Registered Nurses. We are planning to apply for residency, me as the main applicant and my partner is my dependent. We have been together for 9yrs but we dont have a joint account back in our country. We opened an account here in Australia last Feb this year, can we use this as one of ur proof?

    • While a joint bank account is one of the features of a de facto relationship, it is by no means the be-all and end-all of the issue.

      It is nice to have, but certainly not a mandatory consideration and I do have a lot of de facto couples who do not have joint bank accounts but who nevertheless will meet the criteria for the grant of a de facto partner visa.

  • Hi,
    I just wanted to seek a second opinion regarding the defacto visa which we have submitted recently. Im on 457 visa and will be eligible for my PR later this year and I’ve met my partner who’s on student visa in Dec 16 and we’re both are in serious relationship. We decided to move in together since Mar 17 and the relationship is still ongoing. The issue is I’ve been married previously and haven’t got my divorce filed due to family circumstances till todate however we’re seperated more than 2 years now. Q1) Will this cause any issue with the lodgement? Q2) We didn’t plan or thought of opening a joint account/bills since we never planned this at the beginning of relationship with the defacto lodgement however we ticked all other requirement including the letter from my sponsorer accepting him for partner visa application. Is there anything I should be worried about?

  • Hi There,

    My Partner has been sponsored here for 2 years. He has just applied for Permanent residency and it should be granted in 1 month. I am on my second year working visa, which expires in November this year. Do I have to wait for his to be approved before I can apply for defacto? Also can I register our relationship before he is officially a resident?

    Kind Regards,

    Jasmine

  • Hi Nilesh,
    i wanted to know i came as a student visa.last year its got expired . then i applied to renew they refused it. after then i appeal in AAT last year august . but i was in relationship with a girl since December 2016 that time she was 17 then we got married in 0ct 2017.we are living togther since 2017 jan. that time i was on bridging visa. still im on bridging visa. my question is that i want to apply my partner visa. which option is good onshore or offshore?i want to apply asap dont want to waste anymore time.i have good relation with her family n all. we have all evidence on both of our name

    can you please reply me on my email. thank you.

  • Hello,
    I have been in a relationship with my Australian partner for nearly two years, and have lived with her for over a year. I started on a working holiday visa, and am now on a working visa (good for 3 months) in its last month. Can I apply for a De Facto visa on my current visa?

    Cheers,
    Lincoln

  • Hello, I am on working visa and i am in a relationship and my partner is Australian citizen, but he is married with someone else and she is not giving her divorce. We want to live together, and Am i eligible to apply for defacto visa and how. We know each other from last 3 years. How we can prove the relationship, as he have not got divorce yet.

  • I am Canadian on a 417 WHV, I have been with my partner (australian citizen) for 10 months currently and my visa expires in 2 months. If I apply for a tourist visa and we get rent in our name and I live off of him, would this allow us to stay in the country for me to apply for a de facto visa? We have lot’s of photos, plane tickets, travel documents, family to provide proof of our relationship. We are just wondering the best way to go about this after hearing so many horror stories.

    Thanks!

  • Hi,

    I am on a Student Visa and my partner is Australian and I am gonna apply for Partner visa and he is gonna be my sponsor. We started dating last week of March this year. We opened a joined account and register our relationship in ACT. We live in different address but still in ACT. My visa will expire next year march and we’re planning to apply partner visa by the end of the year.

    My questions is Will I get a refusal of the visa because we didn’t met the requirements of 12 months de facto relationship?

  • I am applying for either defacto or pr at the minute. I have nearly completed a four year sponsorship as a marketing specialist. However actual job title is not this. Will this cause problems (Will I need the prove to immagration that I have been working ‘as a marketing specialist) when applying for either of these visas????
    Thanks

  • hello i’m french ! i m on a working holiday visa, i ve been in relationship with an Australian resident since 10months. His family knows me, my family knows him, we ve been traveling around australia together for 3 months, working in the same places, we exchange text pictures and every things pretty every day… so we can apply for the defacto now? the only problem is, his got a job at 3h from me and we can visit each other now just monthly. We live in NSW. I m wondering a swell, if we apply for the defacto, what’s happening for me at the end of my working holiday visa?

  • Hi there,
    This is a great post. Thanks alot for sharing this information.

    I am from Uk.
    I met my Australian boyfriend whilst travelling in Sept 2016. He joined me on my trip briefly and we decided to make it work long distance. During our time apart we both visited eachothers home countries for 2+ weeks each, where we met each others family and friends. We were in constant contact when apart.
    In Sept 2017 I moved into his parents home with him (we are currently looking for a house which we plan to rent once the 820 visa app is submitted). Our relationship is registered. We will be applying for the visa late August 2018.
    So – 12> months long distance with visits and constant contact. 12> months living together in his family home. Registered relationship. Joint bank account. Travelled together. Joint friends and invitiations etc
    With evidence of the above – is this a solid application?

    Thank you
    Trudie 🙂

  • hi hello, just one question for you but I need explain first, I applied de facto visa, I got refused, I already appeal and still got refused on ATT, so now I wanna appeal again but need go to federal court right, so the question is are u eligible on this area to assist me for lodge all my document to appeal on federal court? thank you

  • Hi,
    Great article & great advice.
    B/G: I am Aus citizen & my partner is Brazilian. We met in Jan ’17 while he was here on a student visa and began dating, he moved in to my owner occupied home 23/2/17 (I consider this start of our de facto relationship). In April we rented a beach house together and lived there together for until our lease expired in Dec ’17 and we moved back to my owner occupied house. In January ’18 we left on a 6 month holiday together through Central & South America, finishing with 2 months in Brazil so I could meet his family and friends. In March ’18 we lodged our offshore (309/100) partner visa application. I had to return to Aus in July to go back to work and my partner has stayed in Brazil while the application processes. Two questions:
    1. Just wondering whether his speeding fines in Aus will affect our application?
    2. whether I can register our relationship here in QLD when he is now back in Brazil?
    Thanks in advance
    Angela

  • Hi,
    I just wanted a second opinion regarding mentioning details about my non-migrating defacto partner while lodging 189 subclass visa application. As per my understanding, we will have to provide evidence of our relationship even though my defacto partner is not migrating with me and is listed under the non-migrating family unit category of the application. Incase, the officer is not convinced about our genuine relationship due to some reason, then will it have any affect on the primary applicant’s visa grant? Will it be refused ?

  • Hi,
    I just wanted a second opinion regarding mentioning details about my non-migrating defacto partner while lodging 189 subclass visa application. As per my understanding, we will have to provide evidence of our relationship even though my defacto partner is not migrating with me and is listed under the non-migrating family unit category of the application. Incase, the case officer is not convinced about our genuine relationship due to some reason, then will it have any affect on the primary applicant’s visa grant? Will it be refused ?
    Many Thanks.

  • hi my de facto partner has been charged a child sex offender he was sentenced 12 mnths but went to jail 6-8 months but that time when he was sent to jail i was living on my own working to support myself as he wasnt there to gide me and supported me etc it was a hard time for me being on my own and no family support. but when he got his parole he come back and live with me but i was scared of him if he will reoffend again and im scared living wth him as he get angry sometimes and throw stuff and break things but i didnt call a police as i am sacred if ill call the police he will sent bck to jail… we are now separated but i havent told the immgration regarding our relationship break down i need to seek an advice please i need your help… if i he will admit everything can i use the statement for a family voilence or not

  • Hi I’d like to ask something.
    Can apply de fecto visa without divorce paper?
    Already separated and pay for kid just not sign paper

  • Hi I’m an Australian citizen and my Indian born partner and I have been in a committed relationship since July 2018 and have been living together since August.. I am also 3+ months pregnant. I already have a 1 year old boy from my previous relationship but have nothing to do with his father and my current partner gives is stability. His visa situation is complicated, Visa aside what are our chances of future partner visa being granted?

    Hope to here back
    Thanks

  • Hi, please give me some advice. I am studying in NSW and my studen visa gonna last until March 2020. However, my partner visa gonna be expired around 15 March 2019. We started our relationship since May 2018 and havent lived together since. We dont have a joint account either. However, we are in a very serious relationship. I just wanna ask whether it s possible for us to register for a defacto relationship in NSW. As i reseaeched this is the most likely solutions to avoid the expense of 12-month cohabitation. Do I need to started livinng together now or having a joint account to support my application? Thank you

  • Hi, please give me some advice. I am studying in NSW and my studen visa gonna last until March 2020. However, my partner visa gonna be expired around 15 March 2019. We started our relationship since May 2018 and havent lived together since. We dont have a joint account either. However, we are in a very serious relationship. I just wanna ask whether it s possible for us to register for a defacto relationship in NSW. As i reseaeched this is the most likely solutions to avoid the expense of 12-month cohabitation. Do I need to started livinng together now or having a joint account to support my application? Thank you

  • Hi,
    I have a query regarding a 485 defacto application,
    The primary applicants visa expires in 2019 where as the partner’s visa expires in december 2018. If the visa is lodged in december, when would the partner’s bridging visa activate.

    • A bridging visa will be usually be granted immediately after the valid onshore visa application is made and fine into effect as at the time of the visa expiry. You should get advice about whether the visa applied for will meet thev relevant criteria. Be sure not to confuse partner defaco visa applications which are for permanent visas with dependant temporary 485 visas for defacto partners.
      You can book a time to discuss with me at https://MyVisa.com.au/book
      Regards
      Nilesh Nandan

  • Hi There,

    My name is Julia, I’m a NZ citizen on a special category visa. I have lived in Australia for 6 years.
    My partner is Japanese, we have been together 9 months (we met in march, and registered our relationship in june). I spent 3 weeks in japan with his family in november, and he will be meeting my family in NZ in january.

    My partner moved to Australia on a 1 year working holiday visa. He went back to japan in September, and will be returning in January (either on an ETA visa or a student visa as he didn’t do his farm work) while we prepare to lodge an application for a 461 family relationship visa. He has enrolled to study English for 3 months in Melbourne.
    We lived together for 3 months before he had to go back to japan, however our only proof is the word of our housemate. When he comes back in January, he will be living with me and will be on the lease for 3 months before submitting our application. We currently share a bank account but don’t really use it much as he is overseas.

    When our application is sent, we will also need to apply for working rights on his bridging visa immediately on the grounds of financial hardship.
    Could you please tell me if you think this is the right way to go about applying! should we get the ETA visa or a student visa? should i employ an immigration agent to be granted financial hardship for the bridging visa?

    Much appreciated,
    Julia

  • Hi Nilesh,

    My partner and I wanted to apply for the 801/820 VISA after filling the initial online application, is it correct that only he (the applicant) needs to complete a statement about our relationship covering development, finances, social etc). I thought as a sponsor I would need to submit a similar statement at the same time but the department of home affairs website only says the sponsor needs to prove their Australian citizenship for the first part (820 temp visa).

    Kindest,

    Charis

  • Hi, I have a question.
    Can a de facto visa be used for both the UK and Australia? For example, if my partner and I apply for a de facto visa for him to stay in the UK, can that then be used for me to move to Australia with him, or would we then have to apply for another de facto visa for Aus?
    Thanks

  • Hi,
    I have a quick question. I have applied 189 visa with my partner as de facto relationship. For a worst scenario, if the relationship was rejected. Can I still be get 189 Visa at least for me? and also is there any information about this inthe immi. site?

    Thank you.

  • Good afternoon,

    I am currently on a student visa and I still have to do more than half of my payment.
    I’ve been with my partner for a year now but we haven’t lived together, that’s why I decided to get a student visa before we get to the year and then we could apply for the de facto visa.
    I’ve just read that if you register your relationship you can apply for the de facto visa before having lived 12 months together and then while the application is processing (the 26 months of waiting list) submit the document, am I right?
    If that’s the case and I apply for the de facto visa in a couple of months, does that mean that my student visa gets cancelled and I don’t have to pay for the rest of the course?

    Thank you so much for your help,

    Ana

  • Hi,
    My working holiday visa is soon expiring, I plan to apply to join my partners student visa, which expires June 2019, We are genuine couple of 16 months, we have registered our relationship, have a joint account and traveled/lived together since we met. We also have flights home to families together in this time. However, at the time of his application he didn’t mention me as we didn’t realise we had too and are now hearing this could be a problem, I would like to know the best way to explain without getting straight refused. Any advise would be appreciated.
    Thanks,
    Sarah

  • Hello,
    I want to apply for the partner visa and my girlfriend wants so sponsor me. She got her own 801 partner visa granted in 2016. I found out that she is allowed to be a sponsor if her partner visa was applied more than 5 years ago, that was 2012. While filling out the online application i received a warning “Partner visas sponsors may be subject to sponsorship limitations if they were granted a partner visa in the past 5 years”. Which date counts for the sponsor limitation? The date af application or the date it was granted?
    Kind regards
    Hermann

  • Hi, I’m an Australian Permanent Resident, My wife and I have been in a genuine relationship for more than 8 years and have been married for a year. My wife applied for an offshore partner visa, we provided all evidence of our long term relationship and she was granted the provisional visa recently. My query is to why she was not granted the permanent partner visa as we had provided ample evidence of our long term relationship? What should we do to reduce the two-year waiting period to be granted the permanent partner visa?

  • I am still legally married in Australia , applied for tourist and sponsored visa for my defacto partner whom I have a daughter(Australian Citizen by descent) overseas. It was twice rejected? I understand you cant bring second partner until you are divorced with first one but for family visit is ok?

  • Thank you for the great post. Are the same rules apply to de facto partner on 189 visa? We are in a genuine relationship since July 2017 and we live together since September 2017.

    We have following documents to prove our relationship:

    – Tenant addition addendum to my tenancy contract – signed by the landlord on 30/09/2017 – confirms we live together and we are both responsible for the property.

    – A high number of pictures and posts on social media from several different countries where we were on holidays – since 30/07/2017.

    – 12 airline boarding passes for trips since 30/09/2019.

    – Car Insurance with our both names on – since 03/09/2017.

    – Some invitations for weddings and parties with our names on.

    – 2017 and 2018 Christmas cards from our friends with both names on.

    – Some letters confirm we both live in the same address

    – Our driving licences show the same home address.

    – Her speeding police ticket with our car 😉

    – We have lots of mutual friends on social media

    – We can have as many we want statements from our friends and family.

    – Some bank transfer between our accounts to prove that we share financial responsibilities.

    Do you think that would be enough? We were considering to get married before we lodge the vise (most likely in March), but this would look really fake to get married just before visa application.

  • Hi,

    Good day Sir Nilesh!
    My partner was already in Australia holding visa subclass 482 and right now we are thinking if i’m illegible to apply for subsequent visa 482 because we are already in Defacto relation since 2017 when we are both here in our home country. We have already gathered some documents like travel tickets, hotels receipt, photos together, affidavit from our parents and close friends, and my partner in Australia also submitted an application to register our relation under Relationship Register Act 2010 (NSW) and right now we are waiting for the result. But the problem is when we check her visa subclass 482, her marital status is not in De Facto, and it is in single status. Her visa agent change the status during the submission of the visa application. Now my question is if do I still have a chance to be granted if I apply for subsequent visa subclass 482? If not what we can do with this miss match information in the visa of my partner?

  • Hi there,
    A few questions here – but hopefully they are relevant for all! My partner (Romanian citizen) and I (Australian citizen) are planning to put in an off shore de facto visa application in a few months, but in the meantime we are also looking into Independent Skilled Visa option because the waiting time is significantly lower. My questions are:

    – If our application for the Independent Skilled Visa is declined due to eligibility (such as due to the profession not being needed), will this affect our De Facto visa application? My partner has a completely clean record and positive character reference so that wouldn’t be a problem.
    – Is it possible to apply for the de facto visa while we are awaiting the outcome of the Independent Skilled Visa?

    And, separately:

    – We want to spend Christmas in Australia together, but we are not sure whether it’s better to apply for the eVisitor visa before or after we lodge our de facto and/or his skilled visa application. We are worried due to his relationship with me and our clear intentions to re-locate, my partner won’t be able to demonstrate close enough ties to his country so might be refused. If an eVisitor visa is refused, would that affect the outcome of our longer-term visa applications?

    Thanks in advance for your help!

  • Hi, Myself & my partner are in the process of applying for De facto relationship after being together for 18 months in Australia. I have been a Perm Resident for 4 years and came here on a subclass 300 Marriage Visa. This Marriage broke down 2 years ago and i have been divorced for 12 months. Can i sponsor my new partner even though i have had my Perm Residency for 4 years and there is a 5 year rule?

  • Hi there,
    I have an unusual query. My partner and I just received our Relationship Registry certificate in the mail, but have noticed they made a stupid mistake! They have put my partner’s Place of Birth as: “Pennsylvania, U.S.A, Queensland”. “Queensland” should not be there.

    We have been waiting months for this certificate, and we want to apply for our Partner Visa ASAP. Applying for a correction on this document is apparently going to take another month! I am extremely frustrated, as you can imagine, as this is their error. Would it be sufficient for us to submit the application with the error as is, but still apply for a corrected document, and then upload this correction as soon as we receive it? What is your advice?

    Thank you SO SO much in advance!
    Sarah

    • Hi Sarah

      Yes! Frustrating to get a document that has a mistake.

      The immigration laws affecting visa applications for Australia are now quite unforgiving in relation to providing a bogus document or false or misleading information.

      In the particular circumstances you have explained above I see no risk whatsoever in you lodging the relationship certificate that you have received.

      If you are at all concerned, what you might get to do is indicate in a simple letter (which you might also upload) that there appears to be this particular mistake in relation to the document.

      I hope this helps and wish you the very best in your immigration journey.

      Nilesh Nandan
      Special Counsel
      MyVisa® Australia
      MyVisa® Lawyers

      1300558472 

  • Hi Nilesh!

    I had a quick question! I am currently on a 457 visa. My partner is a NZ citizen, we have been together 2 years and we have sufficient evidence to lodge a 461 visa application.

    I’d like to get off the 457 ASAP as my workplace is in a bad place financially. I know if I apply for the 461, I will have to stick to the conditions of my 457 until it is granted (which can take years).

    I wondered if I go onto a BVE, what are the chances of me getting work rights granted, considering I will be losing my salary from my 457? I have been supporting myself in Aus for 5 years and there is no way we could live off my partners wage alone.

    If I withdraw my 457 and then I don’t get my working rights, I will have to leave the country. ANY advice you can give would be much appreciated.

    Thank you so much in advance!

  • Hi Nilesh,
    I am about to apply for the 820 partner visa. but have some doubts about whether we are eligible or not. We have been together for over 2 years, I believe we have a strong case (joint bank accounts, rented a house together for a year, travel together, registered our de facto relationship, ect.) our lives are pretty much merged, but…
    We both left Australia in September (when my visa expired), we have been traveling for a while and now settled in Mexico (my home country) for 4 months. All this time he has been out of the country, hence not “regularly living there”. Also, he is American but arrived to Australia 8 years ago through a partner visa as well.
    His relationship ended over 6 years ago.
    Thank you very much for your insight. Looking forward to hearing from you.

  • Hi there,
    I am currently on a temporary residency visa subclass 485 which expires in October 2019. I am planning to apply for defacto visa with my partner. We have already registered our relationship in August last year and started living together from November officially. We have our residential lease agreement from December which is is less than a year. We have also organised a joint account a month ago and paying our bills through the account. I was wondering when is the right time to apply for my defacto visa? I would further like to know if I have to apply for any other visa besides defacto visa prior to expiry of my current visa i.e. 485. Please advise further.

  • Hi Nilesh,
    Thank you for the informative information.

    Background:
    – My partner and i met and got together in Feb 2018.
    – She lives in NYC and I live in Sydney
    – Since then we been together for a few weeks every 6-8 weeks either me in NYC or her in Australia, or travelling together. This can all be evidenced via plane tickets, travel documents. During those times we have lived together albeit for only for that time.
    – We have plenty of evidence of daily phone calls, joint friends, each other taking turns for paying for hotels etc when we travel, rent cars etc.
    – She has now decided to move to Australia to be with me and we are investigating the different options for this to happen.

    Question:
    – The living together for 12 month condition on the defacto would appear to be an issue. HOWEVER is this negated by Registering a Relationship.
    – If we can prove a relationship albeit a long distance relationship and get around the 12 month living clause by the Registering a Relationship would our application for Defacto visa be likely approved?

    Thank you in advance.

  • Hi there.

    I am a British citizen arriving on a 417 visa.
    I have been with my Australian Girlfriend for 4 months and from the day i move to NSW we have been accepted on a lease for a place together. With in the first couple of weeks we will be registering our relationship and opening a joint bank account.

    My question is this: I will be looking for Regional work in NSW in order to apply for my 2nd year WHV, however if that doesnt work out i am wondering how soon with regards to my 12 month visa being up should we apply for a defacto (820 + 801) visa?

  • I am applying for an 820 visa with my Australian partner. I would like to know if these three things will effect getting our visa :
    If we have only had an 8 month lease to show, but have lived with both our parents many times on three month visas will this be a problem? Over all we have almost three years of living with each other, but only a lease for 8 months, as the rest was with our parents (usa and australia)and don’t have too much documentation for this at all. We have been together for about 6 years. The second thing is we haven’t had a joint bank account until now (already submitted application) because we thought it wouldn’t make sense until now as we were always going back and forth between the states, aus, and nz. And third, we eloped about 8 months ago, and we don’t want immigration to think we did this for visas because we didn’t. It was because we couldn’t get our families together in a proper amount of time and didn’t want to spend the money on that. We have 6 years worth of photos, texts, and emails, along with evidence of each other spending time with friends and family. Thanks for any feed back! I hope this thread still works here!

    • The best way to answer this is to share with you my personal experience which is that genuine applicants get approved even though they have the very same problems you have indicated in your question.

      What is the core issue is whether you and your partner have been in the genuine and continuing relationship. You obviously have scant or “not ideal” evidence in respect of the three issues you have mentioned above.

      Equally you have some very plausible reasons why your supporting material is not as perfect as it could otherwise be.

      You can still show that you meet the requirements for the grant of a partner visa based on a defacto relationship. You should use your individual statements as an opportunity for you both to properly and simply communicate to the assessing officer what your relationship is all about and why it is genuine for the requisite period. The supporting form 888s from family and friends should also address the genuineness requirement.

      I hope this is useful.
      Good luck!
      Nilesh Nandan
      Immigration Lawyer

  • I have a girlfriend and she is a nurse, if we got married, will she loose her nurse registration after applying for the partner visa?

  • Hi Sir,
    My girlfriend has just been refused a visitor VISA (visit family) to re-enter Australia. She has spent 270 days in Australia and 67 days outside Australia in the last 11 months. She left Australia at the start of this month and we applied for VISA the day after she arrive home. The Dept’ officer stated “I place significant weight on travel history. Per policy, a visitor would be expected to spend as much time out of Australia as in…. I am not satisfied that the applicant does not intend to continue to spend the majority of her time residing in Australia.” We were honest in my invite letter of wanting to resume our de facto relationship and grow a stronger relationship. However, we have lived together for only 8 and a half months and short of the 12 month requirement for a partner VISA. How can we live together 12 months continually? I need to work to support us both, so it is difficult to go to her country. The letter ends with the clause 600.211 is not satisfied (Migration Regulations). I miss by 39 yo baby, I am 56. Thanks for any comments

    • Baz
      Thanks for sharing your defacto partner visa problem.
      Had you considered registering your relationship while she was in Australia?
      This would have given you some options!
      Regards
      Nilesh Nandan
      myvisa.com.au/book

  • Hi there Nilesh

    At the time of me applying for the visa this coming November, me and my partner would only have been in a relationship for 9 and a half months. We currently just got a new joint lease and would have been living together for 1 1/2 months at the time of application.

    I have just recently registered my relationship with my partner last month to waive the 12 month de-facto/cohabitation requirement, but was wondering if a 9 month relationship stands a chance even in lieu of relationship registration?

    • If if have been in a genuine defacto relationship for 9.5 months and have a certificate, you will be fine to lodge before the 12 months is up. Does this answer your question?
      Nilesh Nandan

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