De Facto Partner Visas for Australia
De facto Partner visa tips from me:
I’m an Australian immigration lawyer who advises daily on visa applications for de facto partners.
So what is a partner visa?
A partner visa is a permission for somebody who is not the holder of an Australian passport to be lawfully present in Australia because of their spousal relationship with a sponsor. A sponsor in this sense needs to be an Australian citizen or an Australian permanent residence visa holder or an eligible New Zealand citizen, which is a fancy way of saying that a New Zealand citizen was ordinarily resident in Australia at some time in 2001.
Your partner visa is approved in two stages. The first stage is a provisional visa which allows you to live and work in Australia. The second stage is a permanent residence visa which allows you to remain permanently in Australia.
If you make the application inside Australia then you are usually granted a bridging visa which will keep you lawfully present in Australia until such time as the first-stage visa is granted.
Other common names for a “partner visa” include “spouse visa”, “spousal visa” or “marriage visa”.
Are you trying to learn more about visas for unmarried couples? Here you’ll see how immigration for partners works.
I’ll also share the top reasons why your de facto visa application for Australia will be refused. Arghhhh!
What sort of de facto partner relationship are you in? This de facto partner visa guide is particularly useful if your circumstances come within one of these categories.
Firstly you are a sponsor and your de facto partner needs a visa.
Secondly, you need a visa for Australia and your defacto partner can sponsor you.
If you are in a relationship and neither of you can be a sponsor (as I’ve defined in the preceding paragraph) then one de facto partner could be included as a dependent applicant in the other de facto partner’s visa application. This typically happens in relation to student visas and work visas. In such cases, if you as the primary applicant meet the criteria for either a student visa or a work visa and your dependent partner, think de facto partner, is included and combined in the application and receives a grant of similar permission to study or work in Australia based on the fact that they, as the secondary applicant or dependent applicant are in a de facto relationship with you, the primary applicant.
If neither you nor your partner is an Australian citizen or an Australian permanent resident, this guide might not be the right one for you. Instead, you will need to understand how de facto partners are added to or combined with another Australian visa application. This is typically where an international student or overseas worker in Australia on a temporary visa wishes to get a visa for their de facto partner, in circumstances where that de facto partner does not hold any Australian citizenship or Australian permanent residence visa.
Alternatively, you may need to explore how the subclass 461 visa operates. The 461 New Zealand Citizen Family Relationship visa is a visa that assists couples where one partner is a citizen of New Zealand and the other de facto partner is neither an Australian citizen nor an Australian permanent resident but wishes to have permission to be in Australia with their de facto New Zealand citizen partner.
De Facto Partner Visa Terms You Must Know
Partner visa
A “de facto visa” or “spouse visa” might also be called a “Partner visa”.
Similarly, a “marriage visa” is a “spouse visa” and might also be called a “Partner visa”.
Spouse visa
Australia offers spouses of Australians the opportunity to get a permanent partner visa. Spouses can be in a “married relationship” on the one hand or a “de facto relationship” on the other hand.
820 visa
A de facto visa lodged in Australia is a subclass 820.
309 visa
A Partner visa lodged when the applicant is outside of Australia is a subclass 309.
Permanent de facto Partner visa
Both 820 and 309 visas will lead to permanent residence in Australia. In the case of the 820, permanent residency is called the subclass 801 visa. In the case of the 309, permanent residency is called the subclass 100 visa.
What is a de facto partner visa in Australia?
Permission given by Immigration to permit the de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to be lawfully present in Australia either provisionally or permanently.
Requirements for Approval of a De Facto Visa
Basic de facto visa eligibility
- You and your partner must have been in a de facto relationship for at least 12 months immediately before making the application, or have registered your de facto relationship before making the application or shortly thereafter.
- If you are living apart, you must be living apart only temporarily.
- One partner must be an Australian citizen or permanent resident, or an eligible New Zealand citizen. Usually, this person will be over the age of 18.
- Both must be able to demonstrate a commitment to a shared life as partners in a genuine relationship.
De facto visa checklist
De facto visa lawyers will each have their own checklists for what documents are necessary to support a de facto visa application.
You will need to provide documents about who you are, what the relationship is all about, previous relationships, immigration history, health, and character. Check out this generic Partner visa checklist published by the Department.
Not enough documents
Most people think not having 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 all of the material you provide.
The de facto couples I’ve helped in the last 20 years have NOT rushed out on the very first day of their new relationship to set up a new bank account.
They have NOT rushed to execute a will (deed) naming each other as a beneficiary.
Realistically, you’d only rush to do these sorts of things if your primary purpose was getting a visa. Chances are that in such a case, your de facto visa application isn’t built on solid foundations, hey?
Is your de facto visa application primarily facilitating an immigration outcome? If your documents suggest this, then you are on the wrong track!
Get on a different track fast!
De Facto Visa Refusal
If your relationship is genuine, the good news is that you’ll likely succeed in obtaining a visa. The immigration gods are in your favour!
You’ll still need to be careful. A silly mistake may result in a visa refusal and an unnecessary appeal. More time, money, and stress for you.
For example, an immigration law technicality …. like not holding the right visa at the time of application, or being in the wrong location when you apply … could be a factor that ends up getting you refused. You see, most de facto 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 granted without excessive material 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 at the time of their decision?
These are the two most important questions.
I’ve found that immigration case officers want nothing more than to approve an application, whether a de facto Partner visa application or anything else for that matter. Why?
It’s easier to get an approval
Firstly, it’s a lot easier for a case officer to approve a de facto visa application, than 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 needed to provide with your Partner visa application, and how to deal with obvious shortcomings in your support material.
Explain any lack of supporting material
Case officers expect you to furnish the details of the following four aspects of your relationship:
- Financial
- Nature of the household
- Social
- Mutual commitment
But it is OK if you don’t have everything. Who does! OK, some people do. But most don’t.
Solution: to address missing parts of the puzzle, the visa applicant and sponsor should each make clear, separate personal statements not only about their relationship but explain what’s missing and why. Give reasons.
Statutory declaration evidence
The right format for doing this is via a Commonwealth statutory declaration (there is a prescribed statutory declaration form 888 for this). An ordinary statutory declaration form rather than 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.
They are smarter than you 🙂
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.
Adverse information
There are legitimate reasons why certain material could be scant or missing altogether. My advice is to explain carefully why stuff is missing. Even the stuff that may be adverse should be considered for careful upfront, frank and candid explanation.
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 borderline application.
Common Questions People Ask Me
Is the visa guaranteed?
Is a visa grant a sure thing? 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?
What does a de facto visa cost?
Fees payable to the Department when filing a de facto visa application are approximately $7850. Fees payable to your immigration lawyer are additional.
What are my chances?
If the visa forms, personal documents, and supporting explanation you and your immigration lawyer provide are 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.
Processing times
There is a waiting period of approximately 2 years from the date of application for 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 application but the subclass 801 is only assessed 2 years after the date of application lodgment.
You’ll need to show a case officer that from the time of lodgment up to the time of decision you were in a genuine and continuing relationship with your partner.
Work rights while waiting
The bridging visa granted in association with an on-shore partner visa lodgment typically includes unlimited work rights and the ability to study in Australia.
You might not get work rights attached to your bridging visa in the first instance. If this happens, then there may be an opportunity to get work rights if you can demonstrate a compelling need to work.
The 12-month rule?
The de facto period of the relationship must be at least 12 months prior to the date of visa application …
However!
Reg 2.03A(5) has these exceptions:
1) compelling and compassionate circumstances
2) humanitarian visa holder
3) relationship is registered.
Unlike regulation 2.03((A)(3) which explicitly requires the 12-month relationship to be met at the time of visa application, regulation 2.03A(5) is silent on when the relationship must be registered.
As such, if you register your de facto relationship after the application is made but before it is decided, you are taken to have met reg 2.03A(5). Woohoo! ♥️
Is divorce necessary?
No.
You can most certainly be in a de facto relationship but still be married to somebody but to get married again, you must first get divorced.
If you are married and separated, you could be in a de facto relationship with a new partner and this could mean you may qualify for lodging a Partner visa, without your divorce being finalised.
One issue is that you aren’t able to get a defacto relationship certificate until you are married. But see my comments above.
How many times can I do it?
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.
If you have been sponsored on a Partner visa, you can’t usually sponsor and get a visa grant for a new partner within 5 years.
However, there are limited opportunities to sponsor more than two partners and to do so within a five (5) year period.
Health waiver for de facto Partner visas
If the applicant has a medical condition, there may be an opportunity of seeking a health waiver for your de facto Partner visa. Not all visas allow for the waiver.
Appeals if a de facto visa is refused
An application for a review of a negative decision by a case officer is usually available to be made at the AAT (previously called MRT). A strict period applies for making any appeal application.
Costs payable to the AAT when filing a de facto visa refusal appeal are around $1800. Professional fees payable to your immigration lawyer are additional. They are in the range of $3500-$9500 depending on the complexity of the appeal and the skills and experience level of your immigration lawyer.
Bridging Visa Held or No Visa Held At All
Bridging Visa Holders
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 on their application.
The bridging visa granted in association with an onshore Partner visa lodgment typically includes unlimited work rights and the ability to study in Australia.
If the applicant holds a bridging visa for more than 28 days and wishes to apply for the de facto Partner visa, then there are additional criteria that need to be addressed. Check out my guide to schedule 3 to understand how schedule 3 affects bridging visa holders in Australia seeking to lodge de facto Partner visas in Australia.
Applicants in Australia with no visa
If there is no visa held, this is problematic but not necessarily fatal to a de facto application.
Applicants in Australia with a prior visa refusal
De facto Partner visa applicants can often lodge onshore, even if they are onshore and have been refused a visa of another type and are awaiting the outcome of an appeal.
Past Police Problems
Applicants with a criminal record
If you have a criminal record, this may exclude you from a de facto visa grant. Your character is an important criterion for the grant of any visa.
Past police problems will always be problematic to some extent. However, in most cases, it is not necessarily fatal to the outcome unless very serious crimes have been committed.
Talk to me about the particular circumstances in your case.
Sponsors with a criminal record
Watch this space. This process is changing soon. Sponsorship applications are likely to get much more difficult (and delayed) where the sponsor is of poor character, previously involved in family violence, or both.
Registering Your Relationship
If you can do this in your state or territory, do it now! Not all states and territories allow registration.
You can make a de facto visa application based on a registered relationship.
In most states and territories, you’ll get a certificate issued to you in about a month.
You could also get a de facto visa on the basis of having been in a 12-month de facto relationship (without a certificate). However, if you are applying on the basis of the relationship certificate, you won’t need to meet the 12-month rule. Really useful!!
The good states
If you are in a de facto relationship and wish to avoid the 12-month requirement, a relationship certificate is usually a great solution.
Unfortunately for migration purposes, not every state and territory has a relationships register that is recognised.
Here is a list of the states and territories that I call the “good” states.
The best places for de facto couples to live are Victoria, Tasmania, New South Wales, Queensland, and the Australian Capital Territory. It will be frustrating if you are a resident of Western Australia, South Australia, or the Northern Territory. Damn!
Addresses for de facto partnership registration
De facto registration in NSW
You can apply online or download an Application to register a relationship form (PDF, 909.82 KB).
- Print and complete the form
- Post your completed certificate application (see form for address) and proof of identity to the Registry of Births Deaths & Marriages
Post to:
GPO Box 30
SYDNEY NSW 2001
- Or visit your nearest Service NSW Centre.
Registration fee: $223
Processing time: (includes 28-day cooling-off period) up to 8 weeks.
For more information please visit the official website by clicking here.
De facto registration in Queensland
Complete, download, and print the register a civil partnership application form.
Visit a Justice of the Peace or another authorised person with your partner (if you are posting your application). Take your proof of ID and supporting documents to have them certified and to complete the statutory declaration section of the application form.
Attach your certified proof of ID, eligibility documents, and evidence of home address.
Submit your application form and supporting documents by post.
Post to:
Registry of Births Deaths & Marriages
PO Box 15188
CITY EAST QLD 4002
- Register a civil partnership: Free
- Commemorative civil partnership certificate package (1 standard civil partnership certificate and standard postage included): $66.70
- Standard civil partnership certificate (standard postage included): $51.30
For more information please visit the official website by clicking here.
De facto registration in the ACT
Persons wanting to register a civil partnership may apply by completing an Application to register a civil partnership (DOC 182KB) or (PDF 185KB) and paying the prescribed fee for a certificate.
Standard certificate only: $66.00
Email: bdm@act.gov.au
Post: Access Canberra Births Deaths & Marriages GPO Box 158 Canberra, ACT 2601
In-Person: Please visit here
Or call 132281 to find an Access Canberra Shopfront.
Each person must provide identification and at least one partner must provide evidence of residency within the ACT. Original forms of identification must be presented if applying at the shopfront.
Applications made by mail must be accompanied by copies of identification certified as true and correct copies by a person authorised under the Statutory Declarations Act 1959 (C’wlth) such as a Justice of the Peace, solicitor, or Police Officer.
If you applied by mail your certificate will be sent to you by registered person-to-person post at which time you will need to present identification at the post office.
For more information please visit the official website by clicking here.
De facto registration in Victoria
Both parties need to take part in registering the relationship:
Step 1: Partner 1 completes their part of the application
Step 2: Department will email Partner 2
Step 3: Partner 2 completes their part.
Both parties must prove their identity which you can do with your driver’s licence (if it confirms your residential address) and your passport. Do not send original copies by mail. When sending copies of the documents they must be certified copies, otherwise they will not be accepted.
Partner 1 must show proof of living in Victoria when filling in the application.
If either of you has previously been married or in a registered relationship, you must provide evidence of its termination. For example
- Divorce certificate
- Certificate of revocation of a registered relationship
- Death certificate of your former partner
Refer to Uploading hard copy documents online for how to attach evidence to your application.
Registration fee: $231.50 Certificate fee: $51.40
For more information please visit the official website by clicking here.
De facto registration in Tasmania
To register your relationship, both parties need to:
- Complete a registration form (one form per couple)
- Provide evidence of identity and evidence that you both live in Tasmania
- Pay the registration fee. This fee does not include a certificate.
It takes at least 28 days from the date a complete and valid application is received to register the relationship.
Standard certificate: $56.55
Priority service standard certificate – approved and completed application will be processed and issued within 24 hours: $56.55 + $36.30
Once registered, you can apply for a relationship certificate. You can also choose to order a decorative certificate.
For more information please visit the official website by clicking here.
De facto registration in South Australia
If you are a resident of SA you can register your de facto relationship, however it is not recognised for migration purposes.
De facto registration in Western Australia
If you are a resident of WA you can register your de facto relationship, however it is not recognised for migration purposes.
De facto registration in the Northern Territory
Civil relationship registration is not available. If you would like to get married, you can apply online for a marriage certificate. Alternatively, you can contact Births Deaths & Marriages by emailing agd.registrargeneral@nt.gov.au.
Ask Me De Facto Visa Questions!
Please share your questions and comments with me below. This forum helps others access more answers to more real-life visa questions.
I’d love to know more about your de facto partner visa experiences. What would you like to share with me?
Ana says
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
Gemma says
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
kate says
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?
Nilesh Nandan says
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 https://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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giselle says
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?
Robin says
What about 491 visa seperation?
If I applied visa for my partner for 491 visa and the visa is granted. After the grant of the visa, the relationship broken down. Do i need to notify immigration department?
Thanks
Jangral says
309/100 being processed and the application submitted under defacto basis following relationship registration, what issues can if the couple gets married before 309 is granted? Given the really lengthy processing timeframes, does that mean a couple has to wait years to get married?
Allen Steble says
I’m trying to bring my partner back to Australia so I can work while she visits the vountey and stays with me while we save together. She will not be working as I will be sponsoring her. My question is since I will have Ben in the Philippines with her for over 6 months while not working, how can I go about bringing her back with as little issues ad possible? I have work waiting for me when I get back and will provide my employers contact information plus have an addition sponsor through a family member. We plan on getting married soon so we are still trying to work out the best way to fo this. Any advice please in best way to do this. Any help much appreciated. Please feel free to email me this is causing a lot of stress lately
Toni Rawnsley says
Hi
My daughter and her American partner have a partner/defacto visa. They are in the process of getting a residential visa (which is taking forever). However they are about to go back to America for a holiday. Does he need a specific visa to get back into Australia? I have read story’s of people with Australian visas not being let back in.
Dippatel says
Hello sir ,
I m from India
I Get 190 Nsw visa invitations with my wife both. But now I separated from my wife and not getting divorces , visa officers asking PCC OF MY WIFE BUT UNABLE TO PROVIDE ,
HER PCC CERTIFICATE, can I tell to immi department my situation does I get visa ??
Brandon says
Hi,
My partner and I have a registered de facto relationship in NSW. I am Australian, my partner is from Indonesia and we have applied for an 801 partner visa (temporary granted).
My question is, with the recent changes to laws in Indonesia, would our de facto relationship be recognised in Indonesia allowing us to live/stay together there)? I understand the laws regarding unmarried couples living together are not yet in effect.
Aatish says
Hii
Is it necessary to be australia citizen .
And what’s the processing time for de facto relationship visa .
Thank you
Janik Peter Clement says
Hello,
me andy partner consider to get married to evade the defacto requirement of living one year together.
She is a teacher that has had her skill assessment confirmed and is likely to receive a fast approval of her application. However, we fear that including me in her 490 visa might cause a lengthy assessment of our partnership before assessing her Visa.
As I already have a work and travel visa our other option would be to apply for a regular partner visa once she has her permanent residency. This would be substantially more costly were afraid.
Does inclusion of partners in work visa prolong Visa approval and if yes by how long?
Thank you very much!
Best,
Janik
Kim says
Hi. I am currently student here in australia (student visa subclass 500). Before I got here, I include my partner for de facto and my daughter in my application. I want to get them here. Is that possible? And how many months do we need to wait on processing that visa, what are the documents needed? Thank you.
Zika Pavlovic says
Hallo. I have question regarding partner visa. In my online application, next to my wife’s name (she is my visa sponsor), stand’s ‘approved’. But it isn’t granted yet. We have noted this ‘approved’status four weeks ago. What does it mean?
Thank you.
Nilesh Nandan says
Thank you very much for your post. Here are the first three (3) things that come to my mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps. It could be that I have misunderstood you :).
1. Without seeing a screenshot of this, I would suspect that Immigration is happy with the sponsorship approval responses are required to be approved as a separate and independent step in the partner Visa application process.
2. It would appear in the circumstances that the sponsorship has been approved, and now the Visa application for the grant of a Visa for you is now under consideration.
3. Be sure to have Chris details in terms of email and phone contact details in case Immigration needs to speak to your contact you about your Visa matter. Also continue to monitor your immi account.
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://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.
Jm says
Me and my my partner want to register our relationship but I am still legally married to my ex husband as none of us applied for divorce even after years of separation. Would this affect our application?
Nilesh Nandan says
Thank you very much for your post. Here are the first three (3) things that come to my mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps. It could be that I have misunderstood you :).
1. I’m not aware of any registry which will provide you with a relationship certificate in circumstances where any party still married, even if a divorce proceeding has commenced.
2. This may be a problem, but if you have been in a relationship with your partner for a period of 12 months, and you have evidence of being in the defector relationship, then it is possible to make an application without a relationship certificate, and without necessarily being divorced from your previous partners.
3. Of course you have not been in a relationship for 12 months in there is scope for either making submissions to reduce the 12 month de facto relationship requirement on the one hand or on the other hand. You might be able to lodge as a de facto partner now and before the time of decision, submit for the relationship certificate (after both parties have divorced).
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
3.
Kirstie says
What type of Bridging Visa do you go on after applying for the De Facto Visa?
I ask as the WHV work limitations have changed back to working with the same employer for only 6months, and I was wondering if depending on the type of Bridging Visa that I go on I may have to leave my current employer or I could stay working for the same employer whilst waiting on my De Facto Visa being approved.
Nilesh Nandan says
Hi Kirstie
Thank you very much for your post. Here are the first three (3) things that come to my mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps. It could be that I have misunderstood you :).
1. The answer depends on the bridging visa you hold (or the substantive visa you hold) and where you are physically at the time of application lodgement. If you are a hold of a substantive Visa, such as a visitor Visa or a work and holiday Visa at the time of lodgement of a Partner Visa (Temporary) Subclass 820, then you will typically be granted a Bridging Visa “A” Class (Subclass 010).
2. In relation to keeping on working for the same employer, I do not think you have any problem at all because the bridging Visa A granted to you in association with your application for a defacto partner Visa will not have any work limitation.
3. A difficulty arises if the bridging Visa A does not “Kick in” because your substantive Visa is the one that is in effect.
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
AK P says
Hello I need some advice as my son has lodged a partner visa in October 2022 after his partner from Philippines came here. The problem we are having is that my son and his partner are asked to verify their 12 month de facto relationship? But they have in the meantime gotten married here in Perth WA.
Unfortunately Immigration are still asking for them to prove their 12 month de facto relationship? We don’t understand why? Also due to Covid and lockdown in regards to travel this prevented my son and daughter inlaw getting together a long time before. Their relationship started as an online relationship and they even discussed future plans as my son wants to join the ADF and was already talking marriage due to his spouse can then travel with him etc…Can we fill in a new 888 form stating compassionate reasons for them not meeting in person early on in their relationship? What if they request a personal interview would this be a plus. They are truly a couple and love each other dearly and they live with my husband and I so we know that their relationship is real….Please if you can give us any advice? Thank you 🙏🏻
Lyn says
Hi,
I sponsored my ex-boyfriend with our de facto relationship for applying his PR since 2012 and he already granted his Australia citizen one year after; however, he moved back to his home country alone while I am living here then we broke up two years later in 2018.
Do I need to do anything for this de facto separation? Do I need to submit any paperwork?
Ali says
Hi, I sponsored my spouse 12 years ago. Can I sponsor another partner on a defacto visa now while the previous spouse still exists in my life?
Nick says
I am currently on a 482 mid-term visa, and I have sponsored a partner visa for my fiancé. When filling out my Expression of Interest (EOI), do I need to select “partner and de facto applies” or “no partner and engage”?
Sara says
Hi, I am an Indian citizen and live in Chandigarh India, I am in relationship with an Australian citizen since 2020. He is an indian citizen by birth but then got Australian citizenship long back in 2013 He lives in Melbourne, victoria. We got registered our relationship in December 2022 under partner domestic relationship in victoria. We have a partner registration certificate from victoria state. I am 41 years old and divorced and my partner is 50 years old and divorced. We met online on shadi.com in May 2020 and since then we are in a long distance relationship, i met him in singapore first time in april 2022 and we spent 7 days together in a hotel (i have all proofs with me like boarding pass, photographs, chat, call details) and then he came india in October 2022 and we went together Goa for vacations and spent 4 days together ( i have all proofs ). By profession I am a student visa counsellor and working in an immigration firm since may 2022. I have Income tax returns of last 4 years. Also i have salary bank statement along with salary slips. And by profession my partner is a full time security officer. I just wanted to know the possibilities of my visitor visa as partner according to our relationship and my profile. Also wanted to know, Is it possible to go Australia on a tourist visa and apply from within Australia? Or should we lodge the partner visa from india and wait until it is granted. Kindly confirm what is the right way for me to join my partner in australia. Also Is registering our relationship in victoria can help me to grant my visitor visa. Plz confirm. Thanks!
Ahrabz says
Hi im married outside of Australia and have kids but we are all living in australia on a temporary work visa for 5 years. I have another wife and also married outzide Australia as muslim law we are allowed to get married. Now my second wife is abroad and have no issue to get a visit visa to australia. What are the options for me to to get her stay with us? Spouse visa or defacto? And what will be the options for us to get permanent? We all live together happily and my both wives are now friends and we live as 1 family. Kindly guide us thank you.
Muhammad Butt says
Can I get married to someone else while my revocation of defacto is still in process.
Regards,
Anonymous says
I was in a defacto relationship. We applied the revocation of our relationship in June 2022. Have not yet received the certificate. Can I get married to some one else before I get the certificate of revocation?
In other words is it legal to get married to some one else while you are in a defacto relationship?
Daiana says
Hello,
I have just applied for a Partner Visa.
I was on Student Visa that ends in few days.
After my Bridging Visa A become Active, what are my work rights? Can I work full time?
Thanks in advance
Anonymous says
Are there any consequences for the sponsor (Australian citizen, living in Australia) if after lodging the 801/820 visa the couple breaks up and this goes unreported?
Let’s say the couple breaks up and remains on good terms, staying friends and remaining in one-another’s lives. If the breakup isn’t reported to the government, how likely are they to be found out? If they do get audited/discovered, will the Australian citizen be punished at all?
i.e. are there any negatives for remaining a sponsor if the relationship is no longer legitimate?
Asking for a friend.
Laura Oconnor says
My partner and I were together for over 4 years, 3 and a half in Ireland and about 10 months over in Australia.
We did rent together when we first got here but then I decided to go up north to do some regional work and see some places.
He stayed in Perth and we said we will meet back in Perth after that.
He will be getting sponsored this year but now that I was up north it means we don’t have the year of bank accounts and rental together.
But realistically we have been together for 6 years in total.
Do you know if there is a way around this if we prove everything from the day we were together and the proof that I am back in Perth with him?
Or if he applies for his sponsorship visa this year and it may take a few years to be granted – can I add onto this visa once we have proof of 12 months prior to me adding on if this makes sense.
We don’t want to go home and he has put so much into getting his trade recognised over here.
Thanks for any help.
Zeny says
Hello good day,my Australian partner had planning to apply our de facto visa and our relationship is more than a year,we are not living together but i will come to his place weekly or every othet week coz i need to look after my 3 grandkids while my daughter and her husband at work,my boyfriend and i were talking every night so this is a possibility to get a visa coz our relationship is genuine and we had plenty of pictures together,where and how can we start to apply and what we can do first?we are living in Margaret River Western Australia,please answer my question and how much the agent fee and de facto visa fee?thank you and Godbless your team
Evan Regan says
Hello I have question. If I got PR in 2017 and my previous partner was added to my PR application and it was granted. The relationship broke down and we broke up. I met my current partner 6 months later and we are now hoping to apply for her to get de facto off me. I am now an Australian citizen. On the de facto form it’s asks if I nominated or sponsored any previous partners. Do I answer yes or no to this?
Taran says
I’m in a long distance relationship for 4 years and my partner lives overseas. We meet once or twice a year and have spent about 3 months living together till date partly because of covid travel restrictions. Is our case eligible for de facto spouse visa? Thank you .
Mara says
Hi! I’m planning to sponsor my boyfriend’s partner visa later this year however 1-2 years ago my old ex-partner and I applied for one as well, though they withdrew it as we broke up so it never went through completely (they were on the bridging visa).
Will this affect the chances of my new partner’s approval? The 5-year wait won’t apply in this case right?
Ensieh Dianati says
Hi Nish,
My partner and I are living in Melbourne on student visa. We are now applying for PR before the student visa expires, Do we need to provide supporting documents for our relationship again at some point during the process?
We provided all the supporting documents once we were applying for the student visa, before we came to Australia.
Thanks.
Regards,
Ensi
Rouzbeh says
My partner and I applied for 476 visas from Iran in 2020. In the relationship status section, we chose de facto as we were. Now the officer has asked us for documents and one of these is a marriage certificate!!! We have only 28 days to upload the documents and we are confused. What should we do? Please help.
Greg says
Hi, I’m looking to sponsor my partner who is here on a work sponsorship.
Im finding info relating to the proof I need that I am in fact a citizen. Is my passport & medicare recirds enough, or do I have to get hold of a fresh citizenship document? i’ve not seen it in years.
Nick H says
Hi Nilesh Nandan,
I was with my partner for 6 months prior to moving to WA with her. We’ve little evidence of living together prior to the move to Australia. I’m on a one-year WFH visa and we’ve lived together since, so now have the evidence of co-habiting. I’m back in the UK for a wedding just before the year is up, is it possible to move back to Australia on a tourist visa and apply from within Australia? Or should we lodge the partner visa from the UK and wait until it is granted. Thanks!
Vicki says
Hi Thanks for giving value free from gate keeping behind a pay wall it’s appreciated.
My Partner got granted his pr 190 with no conditions on the grant.
At the time of lodgement outside of aus he was single we was just dating. The plan was once the visa got granted which we thought might take a year we would go to aus and I do a student course and after 12 months in aus we would apply for partner visa. I was working overseas so we was long distance for a while. However then covid happened and it took way longer. During that time we got a house and got engaged. It took 2.5 years and we had to move on with our lives. When it did get granted we thought we might go in a years time after he’s activated it and apply for a partner on or offshore.
However someone said we had to update immigration about the relationship change. He got points for being single (initially these processes were put in place for people to remain single when it took 3 months to process not 2.5 years!) So it would have affected his visa that he spent thousands on and took over a year to submit. My question is what do we do now? I feel like we are stuck between a rock and hard place and if covid hadn’t happened he would have a grant I would have done a course then we would have successfully applied for a partner but now it’s all screwed up. Any advice please? We have so much evidence of a real n genuine relationship but never expected that he was expected to remain single or lose a visa for such a long period. Thank you in advance for your time.
Charlotte says
Hi
My Aussie fiancée and I lodged my 801 and 820 onshore nov 2021. We now want to leave and live in the uk for a few years as my family are from there. Can we change to an offshore application now?
Or are eligible to apply for the 820 in nov 2023 (as I will have been 2 years since lodging the 801) could we apply for it to be offshore?
We are getting married June 2023 will this change anything in our application or process times?
Thanks
Mary Acebu says
Hi, we are on de facto for 3 years. We lodged the visa and got S56 asking foe proof of Ended Marriage but I’m married in the Philippines where divorce is not possible. We can’t apply for annulment for it takes time and needs appearance in court, and it’s too expensive. What evidence can I attach for this or is my statutory declaration be enough? My ex husband and I also made settlement for children and properties, will this be also a good attachment to prove that we are not together anymore?
Alif says
Hello Sir, I have some questions about de facto visa. I’m from Bangladesh and I’m planning to go Australia as a international student in a Bachelor degree, So can I add my de facto partner (I’m in a same sex relationship) in my Visa application? Then if I can add then how can we fly together? And how can prove our relationship? Please help me
Jayson Ragusante says
I’m a defacto partner from philipines
My partner will be the student
I was only highschool graduate but i got certification for overseas jobs like electrical and GMAW
Is there a chance that my visa been approve?
Chia says
Hi thank you this is quite informative.
Just wondering after two years of my 820 application, is it any deadline for applying 801? They have notified me since December, however, we both too busy to complete all the collecting evidence at moment.
Amber Palmer says
Hi Nilesh,
My Spanish partner and I are looking to apply for his visa soon.
My question is focused on the finance section as we met and lived in China together (together 2 years in march). Due to living in china, we have limited documentation for finances and we tended to keep track of spending & expenses through an app. Is this an area of concern? How can we address this in the application.
With thanks,
Amber
Gigi says
Hi, me and my partner are planning to apply for pr on next month. Current our visa is 482 tss and my partner is the main applicant but I have overseas travel plan for 3 months myself after applying so just wondering is it still able to travel myself and Is being separated for a while a problem with visa?
Sophie says
Hello,
My partner and I are going to make a visa application under the New Zealand Citizen Family Relationship visa by providing evidence that we are in a de facto relationship.
We have been together for five years, should we provide evidence across the five years or just the last two? My initial thoughts were to provide evidence across the five years but provide more detailed evidence of the last two where we have lived together.
Moreover, as we live in one of our family houses we don’t necessarily have bills addressed to us or a rental agreement, how do you think we should address this in our application? We have a joint bank account, evidence of packages being delivered to one address, as well as evidence of commuting to and from one address – do you think this would be enough to satisfy the criteria?
Best wishes,
Sophie
Kim Gabriel Soto says
Me and my Girlfriend are in De Facto Relationship since 2018, she just recently apply for visa 190 in WA and did not declare me as defacto for more points, On December 18,2022 she got her visa granted in just 1month. We are planning to lodge a Partner Visa on Shore on July because my TV is expiring on July 8 2023. Will it cause a problem for us because she didn’t declare it on her visa application.
Ivy says
Hi Sir,
Thank you for sharing important and helpful insights in your article! May you be blessed.
I am currently a visitor (subclass 600) holder and processing De Facto Partner (820) Visa, onshore Australia so I can work (BVA) and live with my partner who is an Australian citizen by birth. I have minor dependent children from previous relationship who will be declared as migrating with me.
The concern: We initially plan to bring my minor dependent children to Australia through international student visa; whilst waiting for the primary substantive visa (i.e. my partner visa) approval which may take around 24 months. However, we were informed that we cannot lodge student visa application whilst the children have on-going application as dependent under my Partner Visa. Is this true? If yes, please give advise as to how to best navigate this. Being away from minor children for long periods is not not an option any parent would choose. I’m hoping that Australia, being a family centred country, offers a solution to this kind of circumstance.
Thank you so much, Nilesh. Have a wonderful holiday with your loved ones!
Ben says
Hi Nilesh,
I’m looking to get sponsored for a subclass 186 visa. My partner and I have been dating for 15 months now but do not live with one another currently as our plan was to continuing living with parents in order to save up enough money for a deposit in 6 months times for home.
Obviously as a result of this we don’t have any financial or household ties together currently ? Is this typically a big issue that prevents a partner being sponsored as well?
Kind regards,
BC
jc says
Hi! My tourist visa will expire on Dec 29, 2022. We applied for a registration certificate but still haven’t received it yet, even the relationship confirmation. Are we able to lodge our visa without it? Our proof of relationship that are atleast 1 year are, same address (may 2020), and Transportation with the same address. Other documents are not atleast 1 year like Joint acc, TIN ID, and Internet bills. Can we just use the tax invoice of the relationship certificate if we don’t receive it before our Tourist visa’s expire?
MI says
Hi Nilesh
My partner and I have been in a long distance relationship since 2018. She was living in Europe, where she was finishing her master’s degree, and I was living in Australia doing my PhD. We met each other multiple times on tourist visas (she visited me in Australia). But we could not meet each other during COVID from Nov 2019 to March 2022 due to border closures. We have not disclosed our relationship in previous visa applications because we did not have evidence outlined on the department website. however, she moved to Australia on a working holiday visa in October 2022 and we have registered our de facto relationship recently. Her visa expires in January 2023.
I am now applying for a graduate visa and would like to include her in the application. Since we do not have the 12-month requirement and the relationship was not disclosed in the previous applications, How would you suggest to address this situation?
Kind regards
Marie dela cruz says
Hi. Very useful tips. I do have a few questions though .
My bf is in Sydney and I’m in Philippines. We’ve been together for two years. He visited me in Philippines twice already. I went to Sydney to visit him also for 2 months. I’m on a tourist visa 600. If he registers our relationship, can he apply for de facto partner visa when i go to Sydney ? Thank you
Patrick says
Hi, just wanna ask my dad sponsored someone else for a defacto visa he recently cancelled it, tho he is legally married and not seperated legally, my mom is overseas and planning to come to australia she just granted a visitor visa and we are planning to get her a spouse visa once she come here in australia, is it possible to get her a spouse visa when she comes here? Thank you
Ruby says
Hi,
If I no longer together in a de-facto partner (Registered Relationship) and another partner already got married to someone else, what to do next?
What would be my marital status if I am applying for visas? “Never married” or “Separated”?
If I go for separated? What document I should hold to prove that we are not together?
Thanks
Cynthia says
Hi Nilesh,
My company nominated me for 186 DE in July 2021 and the nomination was approved in Feb 2022. I (primary onshore) lodged my 186 DE in march 2022 and added my husband as secondary (offshore) at the time of application. (Wedding Date 30/12/2021)
We then applied for his visitor visa in july 2022 and got a 3 year visitor visa with 3 month continuous stay. He arrived to Melbourne in Aug 2022. in Nov we went on a trip just to meet this condition of 3 month continuous stay.
Is there any way we can apply for some other visa until we get the 186 granted? We dont want to keep travelling every 3 months once, How do we go about this situation?
Can we apply for bridging Visa A?
Mick says
Hi Nilesh
My partner is pregnant with our first baby and she’s just revealed that her visitor visa expired and she’s here illegally. Is there any chance we can get a de facto visa to make her legal without her being made to leave?
Nilesh Nandan says
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. The short answer is that she will be able to stay here without having to leave.
2. The steps you take now depend on your partners, immigration history, and there is no quick answer.
3. I look forward to hearing the backstory and we can do this by telephone conference very quickly. For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Denise says
I sponsored my partners visa but now that his PR I has just been granted it appears that this relationship isn’t what he now wants. He wants to be single but remain in the relationship and I don’t want this.
What are my chances of having the visa revoked based on his false pretences of truly wanting a committed relationship.
Kumari says
My daughter is a dependant visa holder .(PR ) visa granted on August month 2022. She came to Australia before one month .She is a 21 years old . My question is when she can get married. ? If her marreige going to refuse her visa status or not ?
J Goh says
Hello there! My partner and i are planning to move to SA Adelaide and register as a defactor there. I’m a citizen myself but my partner is a student visa holder. Just want to know about ‘ If you are a resident of SA you can register your de facto relationship, however it is not recognised for migration purposes. ‘ does that mean there’s no way to apply for 801/820 in SA? Thanks!
Edna says
Hi I’m asking a question that really bother our mind hope you can enlightened us . We’re planning to apply a de facto visa however we not meet the 12 month living together , we did register our relationship and still waiting the answer from the registration. I’m here holding tourist visa for 3 months and this is my second time to come here .
Angad says
Hi Nilesh,
I just received a 189 invite for NSW state and have to submit my application within 2 months, I am planning to get married next year in India and have been in a long-distance term relationship with her for almost a year now. My relationship started when I met her in India.
How should I include her in my application? since she is my girlfriend as of now and living in another country. If possible, What documents would be required?
I also have the option of going with a 186 direct entry visa, as my company is willing to sponsor me.
Please advise me as soon as possible, as I am in a time crunch here.
Much appreciated!
Amanda Lihini says
Say someone applies for skilled immigration (189) while divorce is pending claiming points as being single. Then receives invitation and now the divorce is finalized; is he okay to go ahead?
Shiv says
Hi,
I read that we can bypass the 2years waiting period between Visa 820 and 801 if we have been together for 3 years or more. Does it need to 3 years before applying for both the visas or if it becomes 3years+ after we’ve received 820 approval and then we can request for 801 process to be processed faster instead of waiting exact 2yrs as we have now been together for 3 years+?
Ellie says
Hello,
My partner and I are currently completing the partner visa.
We have written our relationship statements also known as our statutory declarations 5 pages in total.
This form includes:
Development of relationship
Financial aspects
Nature of our house hold
Social aspects
Commitment to each other and our future plans
However I have realized these questions are also to be filled out online when filling out the application. In this section they are capped at 2000 words for each.
Do we need to fill out these questions again online as well as our each of our own relationship statements?
Seems strange to write the same answers for a second time.
Could we just put see statutory declaration for answers on the online section.
Thanks for your help!!
Nilesh Nandan says
Hi Ellie
Thanks for dropping by!
And thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. I feel your pain. The requirement for additional statements sucks because the form itself is supposed to be a “declared” statement – why would you need to do this twice or even thrice.
2. The solution is to simply answer in the form itself using words like these: “Please see my statement attached and marked “STATEMENT OF ELLIE XXXX ( sponsor/applicant#)”
#omit as required
3. If your application is based on a defacto relationship, register the relationship! It’s a free-pass if your state allows it!
Good luck!
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
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*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.
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
Severin says
Ellie hello.
I am in the process of completing the same visa application to meet my partner. Can you share the result of your filling in?
We are on the same problem, do we have to write the same thing as we did on our relationship application?
PC says
I’m looking to apply for the 820 partner visa (onshore) while holding a general tourist visa to visit my partner in Australia. According to my understanding, after I lodge the partner application, I’ll be granted with a bridging A visa automatically. So does this bridging visa allow me to work (full work rights) while waiting for the approval of the partner visa? If this bridging visa doesn’t give me work permission, is there a way to apply for a working visa while waiting for the visa outcome? how hard is it to get a work permission in this case?
thanks a lot for your time and look forward to hearing from you.
Nilesh Nandan says
Hi
*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.
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. Yes. The bridging Visa is granted as a result of your valid application for the Partner Visa (Temporary) Subclass 820 . But the important thing to note is that the Bridging Visa “A” Class (Subclass 010) does not come into effect (active) until such time as your substantive Visa (which I assume to be a visitor Visa) ceases, typically after 90 days off you entry into Australia.
3. The bridging Visa granted to you (Bridging Visa “A” Class (Subclass 010))will typically have full working rights and there will not be any necessity for you to make any application for permission to work.
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Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
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
Sabine says
Hello Nilesh,
Your page and Q&A are a super helpful resource.
I have been with my Australian partner for over 5 years now and I would like to apply for the defacto partner VISA. We currently reside in NSW, but we both often travel internationally for work purposes so we are constantly in and out of Australia (i currently hold a . Is it beneficial to apply for the Defacto Visa while we are both in Australia (i enter on a 601 ETA visa)? Or should we just apply from overseas if that is where we happen to be at the time of submitting the application? Considering how long we have been in an exclusive committed relationship, is there any advantage to registering our relationship prior to submitting the application?
Thank you for the advice!
Odette Richards says
Hi Nilesh,
Please can you help. I am an Australian citizen, my fiancé of 3 years is on last remaining relative visa with a bridging visa A . it is a substantial visa but pending due to going to Tribunal and winning his case. Now our current agent is saying that he cannot apply for defacto with travel and work rights due to it not being a substantial visa. Can you assist or offer any help / advise.
Gina says
Hello 👋 Do I need to get english test if I’m citizen of Australia when I sponsor my boyfriend? We both from China.
Thank you have a lovely day
Gina
Julius Patrick Mar says
Hi, I’m Julius Patrick, I would like to ask if it is a hindrance for us to get a de facto visa, my partner is in Australia. on financial matters, my income mostly is on online transactions like nowadays. How would we address that? thank you
Nilesh Nandan says
I would address this question bye explaining frankly how it is that I would support myself and my partner and what my source of income is and perhaps also share details of my savings and additionally of course I would point to our combined income as a couple going forward.
There might not be a lot of supporting documentation and if this is the case I would prepare some statutory declarations.
I can appreciate he’ll be apprehensive as you must be in these particular circumstances. If it is any consolation I did note that the financial impediment to sponsoring a partner from overseas is a relatively low bar where case managers are very reasonable and flexible. This is very different to where a sponsor has a criminal record etc. I hope this helps.
*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 Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CfBw8UcKreaaEAg/review
Michelle says
Nilesh,
This is great thank you. My question is – If I am on a 820 Visa and I wan’t travel back to my home country because I have a health related concern and need medical attention over a period of time in my home country – lets say 3 to 6 months will this effect my 820 visa that i am currently holding ?
Nilesh Nandan says
Michelle
*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.
The fact that you have a health condition will certainly affect the ultimate decision at the time the permanent residence Visa 801 is assessed. Health is a criterion that needs to be met at the time of decision not at the time of application even though you have likely provided health examination results already.
The fact of travel alone is not problematic at all and if you need to exit as the holder of an 820 I see no difficulty with this whatsoever.
Remember that you should never provide false or misleading information in relation to your circumstances and if your circumstances change, these should be disclosed to the decisionmaker. Remember also that the partner visa is one of the visas to which a health waiver is potentially applicable. I would take a moment to get some specific advice about your own particular circumstances so that you can travel with greater confidence.
Use this link to book your consultation with me: https://myvisa.com.au/consultation/
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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1300558472
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Lizzy says
Hi Nilesh! I’m Australian and my partner is Argentinian — we plan to apply for a partnership visa when eligible (we’ve already registered the relationship). As the Australian sponsor, will I be able to leave Australia for work and travel purposes? And if so, is there a limited duration of time that you can be out of the country while waiting for visa to be granted? Thank you!
Nilesh Nandan says
1. No
2. No
*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.
If you have already registered your relationship and it is in a state or territory where the relationship registration is satisfactory for migration purposes when applying for a partner Visa then I’m curious as to why you have not yet lodged a partner Visa.
Rest assured that it is quite reasonable and often necessary for couples to exit Australia for work and other valid reasons. The important issue is that the relationship is genuine and continuing at the time of application in the case of a registered relationship, registered in a way that is suitable for migration purposes and also that the relationship is genuine and continuing at the time of decision. It is currently taking 20 months give or take seven months for a decision to be made in relation to any onshore application for a partner Visa.
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
Paul says
Hi!
Just a quick question! I have a relationship with a Russian female and she lives in Russia. We meet in Turkey 4 months ago while I was visiting Istambul and now we planning to meet again. We are talking every day on the phone and through texting. I cannot visit her in Russia because the situation in Ukraine. I’m thinking really seriously to bring her in Australia. What are my chances and what I have to do? Thank you!
Nilesh Nandan says
Paul
*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.
Bringing her here on a visitor Visa can be problematic because she might be assessed as not being a genuine temporary entrant.
You would need to consider options in relation to a prospective marriage visa which is a visa granted with the expectation that she will come to Australia and marry you in Australia within nine months of arrival.
Another alternative is to lodge an offshore partner visa application. However you need to be in a genuine and continuing relationship at the time of lodging the application and if you are proceeding on the basis of a defacto relationship,it is typical that you will need to show that you are in that relationship for a 12 month period prior to making that application.
If you are fortunate enough to be able to register your relationship in one of the specified states and territories in Australia then you will be able to circumvent the 12 month requirement that you are in a Defacto relationship for 12 months before lodgement.
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Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
June Perlas says
Hi Nilesh! Thank you for your very helpful article. I found some good tips! I do have a question reqarding traveling on a bridging visa B. I need to travel back to the Philippines but my husband (sponsor) won’t be able to join me. Would that be a problem for our 820 application? Thanks very much!
Nilesh Nandan says
Hi June thanks very much for your question.
I’m assuming you’re not travelling back to the Philippines with a different partner.
Of course, that would be problematic.
If it’s the case that your sponsor and Partner is staying in Australia and you’re only living apart temporarily then there is no issue with this.
Let me know if you have any further questions.
*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 Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
Rob C says
Hi, thanks for the info,
We are in a de facto relationship and have been granted PR under the same application. Should we apply for citizenship separately or how do we combine the application?
thanks
Nilesh Nandan says
Hi Rob
*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.
You cannot combine both the applications when it comes to making applications for citizenship by conferral. You’ll need to make two separate applications and pay two separate fees.
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
Naz says
Hi
How we can count five years gap to apply for 2nd sponsor .
Suppose some one got partner visa granted in july 2018 and applied for that visa in may 2017. Due to some reasons they got divorced and now want to sponsor new partner .
How we can count 5 years from 2017 or 2018 ?
Nilesh Nandan says
Here is a list of apps that you should download onto your smart phone: telegram-gmail-googlecalendar-hubstaff-lastpass-googledrive-googledocs-pocket-austlii-uber-notability I recommend using a chrome (not Safari) browser on your desktop/laptop and get the following chrome extensions: Lastpass-pocket-chargedesk-drive On your laptop/desktop you should download and install Lastpass-telegram-hubstaff I will update this list in coming weeks.
Naz
This is a great question which many people struggle with. The period of five years starts from when the first application was lodged which is in 2017 in your case and extends until the new application is granted. As any new partner application will not be granted in 2022 even if it is lodged immediately ( it takes 20 months!) then you do not have a five year problem. So go ahead and lodge now!
Naz says
Hi
How we can count five years gap to apply for 2nd sponsor .
Suppose some one got partner visa granted in july 2020 and applied for that visa in may 2017. Due to some reasons they got divorced and now want to sponsor new partner .
How we can count 5 years from 2017 or 2018 ?
Himashi De Silva says
Hi Nilesh,
Currently I’m under a student Visa (subclass 500) and searching a way to get my boyfriend to Australia till I complete my studies. We have a genuine ongoing relationship for three consecutive years but not married. He currently studies a diploma in Sri Lanka under William Anglais institute. He was planning to apply as a student as well. Is there any possibility that he can apply for this De Facto Visa category instead of Student Visa?
Thank you.
Himashi De Silva
Shruti Shekhawat says
We have recently just got engaged And moved to Australia, Specifically, WA. Port Hedland What I wanted to inquire was That we were Wishing to get married in Australia And wanted to know exactly what all Things are there that we have to be Up to date with before getting married in Australia. Because we cannot apply for a spouse visa Without a marriage certificate. And since we have got engaged in India And haven’t got the marriage registered in India, What will be the procedure to get the marriage registered in Australia and thereafter apply for a spouse visa? What are all the requirements that are need to be met with And What are the Problems that we have to face?
Also my fiance, Is a permanent resident Of Western Australia in Port Hedland.
Shirley White says
Hi there, my partner and I are living in NZ, my partner is an NZ citizen. We’d like to travel to AU for 3weeks in the next 2month, also, we may like to move to AU next year sometime. So, just wondering can I apply for a 600 visitor visa and a 461visa at the same time offshore? Cuz heard that 461 gonna take ages to grant, is it will affect anything if I apply two at the same time?
Cheers
Nilesh Nandan says
Hi Shirley
You can apply for as many applications as your heart desires if you’re overseas, providing of course that they are not inconsistent with one another.
There is no relevant inconsistency between a Tourist Visa (history visa) subclass 600 and a New Zealand citizen Family relationship temporary visa subclass 461.
So go for it!
Regards
Nilesh Nandan
Immigration Lawyer
MyVisa.com.au/about
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Leanne says
Hi Nilesh,
This is absolutely wonderful information!! Thank you so much for these details. I was wondering if you could help with my situation.
My partner is from the UK and I’m Australian. We are currently living together in Australia and have been for the past 6 months. We’ve been together for 8 months and registered the relationship in NSW 2 months ago. His current visa runs out in January 2023 but we are hoping to move to Canada in October of this year cancelling that out.
We intend on applying for the 309 so we can travel while it is being approved.
Do you think this is the best option and when should we apply?
Thank you 🙏🏼
Nilesh Nandan says
Hi Leanne
Thank you for your wonderful comments! Please take a moment to provide feedback here:
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I do think the 309 is NOT necessarily the best option.
I would prefer an onshore application whenever that is possible.
After making a valid onshore 820 application I would then think about the best time for making an application for a Bridging Visa “B” Class (Subclass 020). It is quite common these days to get a Bridging Visa “B” Class (Subclass 020) granted for 12 months. Of course, the other advantage is to allow you to make the application now which means that you’ll get your permanent residence visa grant or at least your provisional visa, granted sooner.
So in answer to your second question I see no reason why you should not take steps to apply now under what I consider to be more favourable rules for Partner visas.
I expect these rules to change at any time making the partner visa process a two-step process with sponsorship done first followed by a Visa application conditional on a prior sponsorship approval. This potential change has significant disadvantages, of which delay is one.
I hope this helps.
*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 Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Hayden says
Hi Nilesh!
I’ve been on WHV and Student and now planning to do partner’s visa. I realised on my previous visa I might have wrote my family’s name wrong from her passport because of confusion of how she use her name when were living at both my parent’s countries. Can I still fix that? or will my visa be likely rejected?
Nilesh Nandan says
I’m not really sure if I understand your question but can I assume that your own name was spelt correctly but that your own parents’ names might have been written into the form incorrectly when compared with their own passports.
I’m assuming also that there was no purposeful deception.
In the circumstances you do need to clear the muddied waters ASAP, but the good news is I do not think that this will in anyway negatively impact on your partner visa prospects for success.
You can book in here: https://myvisa.com.au/10-minute-chat/
Regards
Nilesh Nandan
Immigration Lawyer
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Stephanie says
Hello,
I wasn’t able to send you a private comment. I’m not sure why. My question is: would it be the right course of action to visit Australia on a tourist visa 651, and while I’m there, apply for a partner visa? My partner is Australian (and lives in Australia) and I live in The Netherlands. We have been in a relationship since January 2021.
I look forward to your answer.
Thank you,
Stephanie
Nilesh Nandan says
What you propose is done very often and provided you are in fact a genuine visitor upon entering into Australia I see no difficulty in you being able to make the further application inside Australia as you have indicated in your message to me.
You can book in here: https://myvisa.com.au/10-minute-chat/
*In the interest of a speedy response I often use voice-to-text software. Please ignore any typographical or format errors. Call if unclear.
Regards
Nilesh Nandan
Immigration Lawyer
MyVisa.com.au/about
Steph, I rely on honest reviews. Could you please review this service?
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Kevin says
Hi Nilesh,
Firstly, thank you for the above! It was greatly beneficial (& an enjoyable read)!
My partner is a dual holder of citizenship in Ireland & Australia, we have been in a relationship for 3+ years & plan to move to NSW together from Ireland in July. I have successfully been granted a Working Holiday Visa (417) for which at this point I tend to travel to Australia on.
I am wondering whether it is best to apply for the partner visa offshore prior to traveling to NSW or wait upon my arrival?
I have been unable to locate online details regarding any impacts caused from applying for a partner visa with my partner on my current visa & ability to enter Australia in July!
Nilesh Nandan says
Definitely apply after arrival in Australia.
You can book in here: https://myvisa.com.au/10-minute-chat/
Regards
Nilesh Nandan
Immigration Lawyer
MyVisa.com.au/about
*In the interest of a speedy response I often use voice-to-text software. Please ignore any typographical or format errors. Call if unclear.
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Ana says
Hi Nilesh,
I’m an Australian Citizen in a de facto relationship living together for 13mnths. My partner is an international student which Visa expires mid March 2022. We are awaiting his divorce to be finalised in 3 March 2022 prior to arranging our wedding. However do we have to wait for his divorce to be finalised prior to registering our relationship or lodging the partner visa application?
Helen says
Hi Nilesh,
Thank you for this very helpful article.
I am British and my boyfriend is Australian. We have been together for 18 months and currently live together in the UK and plan to return to Australia together next year.
I had a couple of questions that I hope you might be able to advise on if that’s ok as I haven’t seen either of these raised before.
1. I have previously held a 482 work visa in Australia which was cancelled upon my request after relocating back to the UK so that I could access my super. Will this look bad on my application?
2. We have decided not to open a joint bank account due to my partner having some bad credit history. We do pool our finances to pay bills but the account is in my name only. Am I right in thinking if I explain the rationale for this and provide other evidence (e.g. joint bills, transfers to and from eachother) that it won’t be grounds for refusal?
Thank you!
Helen
Summer says
Hi Nilesh,
Thank you for having such a great and helpful page.
My partner and I have a de facto employment sponsorship visa granted (subclass 482). He is sponsored through his employer and I am on the de facto.
My partner is looking to leave his employment in June 2022 as we are moving to another country.
If my partner leaves his employment in June 2022, will my working rights cease as soon as he resigns or will I still hold working rights for a period of time?
Thank you
James says
I married a pina who set me up for assault to leave me for a guy she was cheating on me with. I defended myself against her and was sentenced to 9 months gaol with 9 months parole back in 2018. I now want to marry the love of my life, also from the Philippines. Do I have any chance of her being granted a visa due to my gaol sentence. She has been here since June 2019 on a tourist visa
James says
I married a pina who set me up for assault to leave me for a guy she was cheating on me with. I defended myself against her and was sentenced to 9 months gaol with 9 months parole back in 2018. I now want to marry the love of my life, also from the Philippines. Do I have any chance of her being granted a de facto visa due to my gaol sentence. She has been here since June 2019 on a tourist visa.
Cecilia says
Hello Nilsen,
Regarding the relationship statements in the 5 aspects, because there is a limitation of 2000 words in each aspect. Would you recommend to try to write the statement within 2000 words or attach a more detailed statement using a stat dec as a piece of evidence later?
Thank you.
Lily says
Hi Nilesh, I would like to ask, I have an invitation to skilled visa 189 in Oct 2021 round. In my EOI lodged April 2020, my partner and I are on a de facto relationship. However, we got engaged and planning to get married on Dec 2021. In the visa application, do you think it is safe to change the relationship status to Engaged and still get married on Dec. 2021 after submission of visa requirements? Or should we just keep the relationship status as de facto?
Eliza May Calinao says
I have some questions,
i have a partner and have a child here in australia they are citizens, i am just a tourist we can’t afford the partner visa is there any other way for my tourist visa it’s so hard i’m just a tourist and i have a child here in australia to be cared for
Please any advice thank you
Brian Summerskill says
Hi Nilesh,
I’m in a bit of a tricky situation. I’m currently sponsored on a short term skilled visa (482) as a primary school teacher. My visa ends on the 4th of December 2021. My school have said they will not sponsor me again (was a shock). I have a Australian partner and now we are thinking the best option is to apply for a de facto relationship visa. We have been in a relationship for just under 2 years. I am worried that when I apply for the De facto that I wont have enough evidence, We have only recently stated on her lease that we are living together however i genuinely stay 5 times a week and we share bills even though we don’t share a bank. (We opened a shared bank today). On Friday we applied for a de facto relationship certificate from reading your information. I am scared that this will not come in time.
My question is, when I apply for the visa will I be granted a bridging visa which will buy me more time to get the certificate (If it has not come). Or will i have to submit this when I apply straight away? Because I don’t think I will have it by then.
Do you think being in a genuine relationship having photos, messages, holidays together and support of family members is enough evidence for now?
Or would you suggest going on a different visa of some kind?
Thanks in advance for your time.
Brian
Rebecca says
Hi there,
My main question is can you submit a partnership visa application onshore whilst on a tourist visa (once the borders reopen). I met my partner in Australia whilst on a working holiday visa so unfortunately this is visa is no longer an option for me. I’m now back in the UK and he is here with me for a short period of time but is heading back to Australia soon. We could apply offshore however the wait time will be substantially longer and due to Covid we’ve already spent a substantial amount of time apart and don’t want to do that again. Any advice would be greatly appreciated.
Thanks
Ajinkya says
Hi Nilesh,
Your guide on partner visa is very helpful.
I am Australian citizen and my partner, who is Indian, has been living and working in Australia on an employee sponsored visa for the past 6 years and we are living together for last 4 years. He’s just had his visa 482 renewed, expiring in October 2022 but we’ve just found out his employment will last only for next 2 months or so.
We’re wanting to apply for a de facto partner visa but don’t know what conditions will be applied on his bridging visa because on his current visa he restricted to work with any other employer. If we were to apply for the partner visa now, how soon can we get an outcome once this visa is lodge. How soon can he be on a bridging visa and what kind of restriction he will have until the outcome.
Your guidance on this is much appreciated!
Zana says
Hello Nilesh
Thank you for such a great advice and being so generous answering people’s questions.
I’m sorry if I’m asking something others have asked in the past. I haven’t found a direct answer online yet.
If I apply for a partner visa from Australia can I leave for an overseas holiday for a few weeks and come back while my application is being processed? Or do I lodge my application and stay here until the decision is made?
Thank you!
Darren says
Hi Nilesh, My partner is Filipina and I’m Australian.
I’m still not sure which visa to apply for but either way we want to live together in Australia.
My main question is financial is it likely that the application could be refused if I’m unemployed?
I have savings and Can support her and myself but I don’t have any employment due to medical conditions.
Is this likely to be a big barrier to having a Visa approved?
Thanks
Mary says
Hi Nilesh,
I hope you are well.
My 309 Provisional Partner visa was approved last November and now I am applying for the permanent one (100). I have been looking for a job and often to be eligible to apply I have to have a citizenship or a permanent residency. Does that mean that I can’t apply for those jobs?
Thank you for your help.
Best,
Mary
Sam says
Hi Nilesh!
Thanks for taking the time to reply to everyone’s questions. I am currently in Melbourne on a 408 temporary activity visa which is valid until August 2023. I have however found out that my contract will be terminated in January 2022, meaning my visa will be cancelled. I would like to apply for an 820 visa with my long term Australian partner in order to remain here with her.
If I lodge an 820 visa now and get granted a Bridging Visa A, what will happen when my current 408 visa is cancelled in January when I lose my job? Will I be able to transfer onto the pending bridging visa A or will I become unlawful when my 408 is terminated? Thanks!
Hannah says
Hi Nilesh,
Thank you for such a thorough guide, incredibly helpful.
My partner, who is British, has been living and working in Australia on a 408 visa for the past 3 years. He’s just had his visa renewed, expiring in August 2023 but we’ve just found out his contract with his work will now end in January.
We’re wanting to apply for a partner visa (and meet all the requirements) but don’t know what this means for the Bridging Visa A. The immi website says the bridging visa will be issued when his visa expires, but his visa won’t expire, his 408 visa will be effectively cancelled. If we were to apply for the partner visa now, when his visa is cancelled in January when he loses his job will the start date of the bridging visa be brought forward from the original expiry date of August 2023 to January 2022?
Alternatively, when he loses his job and his visa is cancelled, could he legally remain in the country and we apply for the partner visa then? If so, would he be issued a bridging visa even though he will no longer hold a current visa?
Thank you, any guidance on this is much appreciated!
Nilesh Nandan says
I would apply for two separate visas.
Firstly I would apply for a fresh 408 which has an expiry coinciding with the termination date of employment.
It may take several months for this visa to be granted but it will expire at the appropriate time.
It is important to shorten the time because you really do not want to have any visa cancelled if you can avoid this at all.
Cancellation has very severe consequences from a legal perspective relative to simple exploration of a visa. Additionally you don’t want to have to explain to foreign immigration agencies that you have previously been granted a visa which was cancelled as it could deny you from automatic visa grants otherwise available for entry to those other countries.
Secondly I would make application for a partner visa based on your de facto relationship.
The grant of the first visa application I’ve proposed will extinguish the existing 408 visa.
Image it Lee after lodgment of a subclass 820 Visa you will be granted a bridging visa A class. This a class visa will sit like an angel on your shoulder until such time as your 408 visa expires in January of 2022. It will come into play as it midnight on the day your new 408 will expire and your partner’s employment terminates.
You will then hold a bridging visa A class typically with full work quotes until such time as the subclass 820 is granted to you.
I trust this answers all of your questions.
In the interest of a speedy response I use voice to text software. Please excuse any typ. errors.
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Nilesh Nandan
Immigration Lawyer
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David Lee says
Hi, my girlfriend had recently submitted her 190 VIC state sponsorship EOI as a registered nurse (90points) which I think will have a great chance of being nominated.
However, my questions are: should she include me in the application as a de-facto partner (will drop to 85points) but it is quite competitive now for registered nurse with priority over the ones with highest points or should I wait until she gains her permanent residency/citizenship and then sponsor me?
I understand that this might create suspicions and DPHA might retract her PR, which brings me to my another questions, how likely is this to happen if she sponsor me not long after her PR? Have this happen before?
Anyway, therefore, we are planning to wait for a little while after her PR since I still have long years ahead with my masters by research student visa with offer to do PhD in the future. We had been living together (renting) for a year now but we do not have any share bills nor joint bank account and we never post our relationship/photos on social media.
We are just in a dilemma and seeking advice for the best option. Thank you.
Nilesh Nandan says
The best advice here is to be truthful. You are either in a defacto relationship with your partner or you are not.
Make a decision about which it is then go forward with that.
If you wish to get specific advice in relation to the intricacies of de facto partner visa law as it applies to your own circumstances then please book in a consultation with me.
Use this link to book your consultation with me: https://myvisa.com.au/10-Minute-Chat/
Nancy says
Hi Nilesh,
thanks so much for the info provided. I am German and currently on a 482 work visa which expires in 14 months. My partner is Australian and we have been together for 15 months now, but no de facto certificate. If we apply now for 820 and stay in Australia past the next 14months (and if my work visa wont be extended), will the bridging visa allow me to work or study in AUS, travel overseas? We also play with the idea of potentially moving to NZ, either next year or year after. How would this affect the partner visa application as on the IMMI website they say: “you have to be in the country when the partner visa is granted”? Would the application be paused if we move overseas, or would it officially start once we move back again and it has been granted in meantime?
Thank you so much!
Nilesh Nandan says
Not a big issue.
The processing won’t stop.
Usually the official will contact you prior to grant.
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Shane Dale says
I live in Australia I’m married but not Together for 12 years I have a girlfriend in the Philippines and I have being supporting For over 2 years we are in a committed relationship But she’s also married but separated is there anyway I can get her to Australia to live with me
Nilesh Nandan says
The issue is whether or not you are in any defacto relationship and suggested that she is simply your girlfriend does not suggest that it is already a defacto relationship.
Unfortunately you’re not able to register a defacto relationship until such time as a divorce has been finalised.
It is not necessary to live together in order to be in a defacto relationship however it does certainly make your case a little bit harder to get approved.
Please contact me if you wish to discuss more specifically aspects of your case.
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Vasim says
Hi Nilesh,
I was reading your guide for unmarried couples and thought I would contact you directly. Thank you for providing such a detailed resource! It is very insightful.
I am an Australian citizen wanting to bring my partner from the UK over the pond.
I think it’s best you have the details upfront, so our relationship situation is like this:
We met in Florence, Italy in the second half of 2018, while we were both studying overseas. We started out as roommates and things progressed from there. We lived together for 6 months in total, however due to the nature of the household we did not share any bills.
At the 6 month mark her study period in Italy was over, and we decided to stay together while she returned to the UK and I stayed in Italy to finish my studies.
Mid 2019 I fly to the UK during summer and stay there for a month. We go about the country together, travel, and I get to meet meet her parents and a bunch of her friends.
A couple of months after that I fly to the UK again for a few days for her birthday.
And at the end of 2019 we decide go to celebrate New year’s together in Prague and spend about 2 weeks there.
That is the gist of the time we spent together.
Then covid hits. Due to the constant lockdowns and Italy becoming an increasingly growing red zone I decided to fly home to Australia before finishing my studies. Since January 2020 I haven’t seen my partner for 18 months.
Despite the time and distance apart we stayed together, stayed strong, and continued to message each other every day. We may not have the financial proofs of relationship, but there are almost 3 years of daily Facebook messages between us hahah
Also before covid hit, we were planning on going to live and work on the Cayman Islands after my studies were due to be finished in June 2020. We have conversations detailing this and proof she had found a job there already and I have emails with other potential employers.
Also as further action to try and be together I attempted to go to the UK multiple times, but my exemption to leave was denied each time unfortunately. I’ve got a bunch of stuff to show that was prepared for that, like a tenancy agreement that was signed by my partner, myself and the landlord, a flight itinerary, job prospects in the UK, enrolment for study, organised an exhibition for my art etc.
So yeah…We only lived together for 6 months and we don’t have any “substantial” evidence like shared bank accounts, shared bills or expenses etc. Does that matter? What we have is 6 months of living together, and almost 3 years being the total duration of the relationship so far, photos of us when we were together, flight tickets to see each other, purchases and presents for each other, a huge amount of interaction via online messaging, statements from friends and family, proof there was intent to live together in Cayman and in the UK but due to Covid we have been unable to do so.
Considering all this, what are our chances of reuniting in Australia?
I thank you for you time and look forward to hearing from you.
Nilesh Nandan says
Use this link to book your consultation with me: https://myvisa.com.au/10-Minute-Chat/
I’m sure a telephone conference to discuss your needs would give me the clarity you need.
Sarah says
Hi Nilesh,
My visa 461 is currently being processed as I had been in a de facto relationship. Unfortuantely we are expereincing a relationship breakdown. Is it okay to use the temporary bridging visa to apply for visa 190 and then withdraw our partner visa?
Nilesh Nandan says
Provided you and not prohibited by section 48 of the Migration Act, there is nothing stopping you from making an application for a subclass 190 visa application while you’re onshore.
Any further onshore visa application you make is likely to yield a Bridging Visa C class which may have limitations in terms of work and certainly does not allow overseas travel for the duration of processing.
In the interest of a speedy response I use voice to text software. Please excuse any typ. errors.
Ms.A says
Hello Sir,
I would like to clarify something that my agent told me. Me and my partner applied for a de facto on June 2021 onshore. We have registered our relationship in November 2020 and live partially together due to work commitments. We dont move in together until July 2021. My question is we are planning to get married and we stated it on our statement and forms. But my agent told me it is going to be risky to get married if i did not received my visa yet so she advised me to get married once the immigration made their decision. I just want to ask your personal opinion regarding this matter? Because we want a specific date to our marriage and everything is already booked in.
Thanks for any response.
Ms.A
Nilesh Nandan says
I agree with the advice given. Listen to your agent.
Julia says
Hi Nilesh,
My partner is overseas, however I am registering for a defacto relationship. However in wanting to apply for the 309 partner visa, for a defacto relationship we do not fulfill the category of living together. Is there any way that the application can still be processed? Thank you.
Nilesh Nandan says
You don’t necessarily have to be living together full stop that is not what the law requires.
Rather the law requires you not to be living apart permanently.
Another way of saying this is that if you are living apart he must only be living apart temporarily.
These are not the easiest of submissions to make. Of course it would be far simpler for you if you were living together however that is unlikely in the case of an offshore 309 application.
If you need help with making the relevant submissions please contact me.
Michael Kelly says
Hi Nilesh,
Thank you for having such an open and accessible page.
I am in Australia (an Australian citizen) and my partner is overseas (Non-Australian). Myself and my partner have an offshore partner visa pending. We recently married via a legally recognised virtual ceremony in the United States. Being that Australian marriage laws recognise a Marriage that has taken place legally within the lawful boundaries of that country will our new ‘spousal’ designation automatically exempt her from current border restrictions?
Thank you again.
Nilesh Nandan says
This is a great question. Of course it should. The rules are that immediate family members should receive an exemption.
The fact that you have lodged and offshore partner visa application provide some dimension of support.
I have not yet had a case like yours and would be delighted if you could share your experience with whether or not an exemption was in fact granted in the circumstances.
Thank you in advance!
Shakya says
Hi Nilesh,
Thank you, very well explained.
I was looking for some information not sure if you could help me out here.My brother has been diagnosed with Osteosarcoma and had to have his leg amputated last month (will be using a prosthetic leg) he is currently undergoing chemotherapy.Chemo is being given just as a precaution.So he has basically been cured.He will need to retrain himself as his previous experience was in the construction industry which will be a bit difficult for him to be working in, as he will be using a prosthetic leg, manual labour will be a bit tedious.So he is wanting to study in Australia in a years time to be a Chef(passionate about cooking) .He will not need any assistance with his everyday life and will live a near normal life.What do you think his chances are in terms of his student visa approval? have looked up everywhere to see if I could get any information but nothing is available.I am really lost.Could you please give me some information or guidance.Is this option even worth considering? To study in Australia?
Your valuable advice would be very much appreciated.
Thank you so much
-Shakya
Nilesh Nandan says
I would apply for a student visa. If he is indeed a genuine student and he passes the health criteria (yes, this is admittedly very unclear), then you’ll get him a visa.
Let’s talk in more detail.
MyVisa.com.au/10-minute-chat
Sumitra says
Hi Nilesh,
The brief made is so clear and precise.
I have question, before my scenario is:
” I have my partner in India and me being permanent resident. We have most of the document other than joint account or joint investment.
I have registered him as de facto too.
Now if we apply for subclass 309 followed by subclass 100 given that partner being overseas, and before 100 is granted we get married during that period. What happens?
I saw some thing written that we should not marry until 100 subclass is finalized.
Please through some light.
Thanks and best regards
Note: Our plan of wedding is getting postponed due to COVID and border closure
Nilesh Nandan says
Marriage is no problem after lodgement of 309.
The big issue to make sure about is that you are in a genuine spousal relationship both at the time of application and at the time of decision.
Marriage after lodgement and grant of a 300 before entry into Australia will be a problem.
Marriage after lodgement of a prospective marriage visa and but before grant and before entry is dealt with by notification to Immigration. The application for the 300 is converted into an application for a 309, without additional filing fee.
Contact me here is you need to discuss:
MyVisa.com.au/10-minute-chat
Leeron Lungo says
Hi there,
I am about to apply for a 461 visa (partner of a New zealander visa).
We are currently in Australia so will be on shore while we apply.
I am needing to exit the country soon for work reason to travel to the US.
How will I have to go about this? Will I need to inform immigration?
Thanks
Lee
Nilesh Nandan says
You may be exempt from applying formally if you are travelling through NZ.
For detailed advice use this link
MyVisa.com.au/10-minute-chat
Amy says
Hey 🙂
I’m an Australian citizen. My partner is British. We meet nearly all of the requirements for the partner visa. The one thing holding us back is the joint financial commitment. It’s a constant loop. Australia wants my partner to share finances. I’ve contacted several banks and they won’t let him join a bank account with me because he’s not in Australia! Back to the start.
I don’t think writing a Statutory Declaration will be enough but I don’t see another way around it 🙁
Do you have any guidance?
Nilesh Nandan says
Amy
Lots of applicants get approved without joint bank accounts.
Be ball-sy! Say it how it is. Explain your personal circumstances in a stat dec.
You’ll be fine!
Nilesh
Phinias says
Hie what if you’re not living together but you’re planning and saving on building a new house together and you can only do this if both participants are citizens or permanent residence
Nilesh Nandan says
I think there are some grammatical errors in your question. However I think we just what you wish to ask me is that it possible to live apart and still be successful in relation to getting a partner granted to you.
If that is the question then the answer is that if you are living temporarily apart but otherwise are in a genuine and continue relationship at the time of application lodgement and at the time of application decision, then you’ll meet the criteria for the grant of the visa, if you are making an application for a partner visa for Australia.
Nilesh Nandan
myvisa.com.au/10-minute-chat/
Sara Hamilton says
Hello,
I am an Australian Permanent Resident and in a de facto relationship with my French partner. However, we live in Europe and I have never lived in Australia, I have only visited the country for vacations.
I was a minor when my step father (Australian citizen) applied for my permanent residence, which is how I got my permanent residency.
I’ve read on the government website and other websites that if I would like to sponsor my partner, I would have to show proof that I have lived/live in Australia, and that requires documents such as a police clearance, which I obviously cannot get as I never lived in Australia.
Is there a way around this? We would like to move to Australia in 2024.
If it is not possible to get around this, should my partner come to Australia on a work/travel visa, and then apply for the partner visa or prospective marriage visa once we are both in Australia?
Thank you,
Sara
Nilesh Nandan says
Sara
Hello! Greetings from Sydney —we’re in lockdown at the present time. I understand that you both wish to move to Australia in about 2024. I assume that you are now a permanent resident visa holder of Australia and that you hold a resident return visa which will allow you to enter before that time.
I think that this idea of moving back to Australia in living happily ever after with your French partner is certainly very do-able if you are careful to get the timing correct and make sure that you do not lose your permanent residence visa in the meantime.
While the prospective marriage visa is one opportunity for your partner at the present time I think given how easy it would be for your partner to enter Australia, you should give consideration to having your partner enter into Australia and then lodge an onshore partner visa application (820).
We should discuss the technicalities around lodging a partner visa now under the presently more favourable rules – compared to having the risk of not being able to make any onshore application as easily in the future…. as can be done now by tourists who enter Australia and whose visitor visas are not restricted by any no further stay condition.
Best
Nilesh Nandan
myvisa.com.au/10-minute-chat/
Sharmean says
Hello sir,
I have a question regarding the de facto date and shared living together date. We have registered our relationship before we move in, so what date we have to put in this section? Is it the date of registered relationship or the date we move in?
Nilesh Nandan says
The answer to question is not that simple.
This is because the date that couples moving together is not necessarily the date that a defacto relationship commences.
Similarly the date registration of a relationship is also not necessarily the date that a defacto relationship commences.
I’d simply choose the date which is the day that you both decided you were a couple and wished to continue your life as a couple to the exclusion of others and whether not you were living together or not although if you are not living together then it must be the case that you were only living temporarily apart at that time.
Of course the date you choose on this basis might also be the same date as the day you moved in together or indeed it could also be the date on which you registered your relationship.
Best
Nilesh Nandan
myvisa.com.au/10-minute-chat/
Elif says
Hello there,
My partner and I are getting ready to apply for 820 & 801.
He is a citizen now but he has previously been on a visa with his ex partner (subclass 187, he has been sponsored by his employer) and they applied over 5 years ago and have granted their PR together 2.5 years ago. Would this considered same as sponsoring a partner and should we mention this while answering the question `Have you previously sponsored/nominated a spouse, de facto partner, prospective spouse (fiancé(e)) or interdependent partner?’ from form 40SP.
Thank you so much!
Nilesh Nandan says
Don’t worry.
You have no problem here.
The five year issue is in relation to partner sponsored visas. The fact that your partner was previously sponsored under an employer-sponsored visa does not have the same consequences as it would if your partner was sponsored under a partner-sponsored visa.
Best
Nilesh Nandan
myvisa.com.au/10-minute-chat/
Abigael says
Hi Sir! I am currently here in Australia on a tourist visa. Been here for 16 months already without living separately with my Australian Partner. I am 5yrs separated with my previous partner in the Philippines but not legally separated or annulled. Me and my Australian partner are planning to apply for a de facto visa. Do you think I am eligible for the de facto visa and what are the evidence that i might provide to prove that my previous marriage is no longer active since annulment is very costly and time consuming in the Philippines. I hope you could help me and give me some advise regarding my concerns.
Nilesh Nandan says
Hi Abigail
You may well qualify! Annulment is not necessary.
Please book in with me using the link below.
Thank you for contacting me.
Regards,
Nilesh Nandan.
Immigration Lawyer.
MyVisa® Lawyers.
Australia’s #1 Immigration Law Advisory
https://myvisa.com.au/10-minute-chat/
Sarah says
Hello,
I met my partner in November 2019 and we were in a relationship until August 2020 and now have been doing long distance since then due to Covid as I had to return home. We did not live together but I have strong ties with his family and friends as well as heaps of pictures from holidays and letters from when we’re apart. Is it possible to get a de facto approved even with our circumstances?
We are desperate to be back together but I cannot get in to the country due to Covid. Any advice would be greatly appreciated.
Mailys says
Hello,
I am french and in a relashionship with my NZ partner since nov 2019. She is living in WA under a 444 visa.
After traveling and meeting halfway to see eachother I had planned to move in with her in sept 2019 with a Working holiday visa. Easy and cheap. But covid happened and i am stuck in France.
I am also an engineer so I got my degree certified and applied as well for a Skilled visa (189,190 and 491) but no luck so far.
Everything is stuck and we are really struggeling like a lot of couples right now.
Do you think I have any chances with a 461 visa as we do not meet the defacto requirements because of covid?
thank you for your advices.
Rikka says
Hello. I have a permanent residency visa here in Victoria and my boyfriend is in the Philippines. We’ve been together for almost 8months. We registered our relationship here in Australia already and we haven’t seen each other yet because he’s in the Philippines. Is he able to apply defacto visa?
Sami says
Hello,
Im an Australia PR holder and have brought my partner down to Australia with my child, we were in a De Facto relationship when we applied for the partner visa, while we were waiting for the 2 years of bridging we decided to get married for genuine reasons and have al the supporting documents, does the fact that we got married change anything ?
Guillaume Fumat says
Hi Nilesh,
I did a defacto with my ex-partner,
Lodged the application in April 2017.
We broke up and cancelled the visa 2 years after that. I don’t know if she got residency or not.
I am planning to do a defacto again with my current partner,
We have been together for 2 years now,
About the 5 year rule,
Is it from 1st application lodged until the second application granted for defacto or until she gets residency?
If it’s before the 5 years
Will it be declined?
Thanks
Guillaume
Autumn says
Hello, I would like some advice for me and my partner (who is a USA citizen currently) regarding the best general route towards acquiring a permanent residency visa of some kind for him.
We have been a long distance unmarried couple for several years with only sporadic visits when we can afford to (put on hold due to covid). It would be a massive commitment for the both of us to move here and difficult for him to return living in the USA once that commitment has been undertaken, so we want to avoid that scenario at all cost.
We have done a lot of research, and the two main pathways we see are either going for a prospective marriage Visa, or to enter a civil partnership and go through the De Facto Visa (and get married later). As of now, it is unclear which would be easiest or quickest to go through, or have the highest chance of success. Due to the high Visa fees, having it be refused and losing that money would be devastating and affect our ability to form a stable living situation once we go for it. It is likely once we’ve figured out the path we’ll take, we’d formally consult your services in the actual Visa application. We want to start living together as soon as possible.
Thank you very much for your time and advice.
Autumn says
Apologies, I forgot to mention that I am currently residing in Queensland as an Australian Citizen.
Nilesh Nandan says
Thank you also for clarifying that you are living in Queensland at the present time and that you are an Australian citizen.
Whilst it is not absolutely necessary to be cohabiting prior to the lodgement of a partner visa, the better view is that you are not yet in a defacto relationship and the registration of it whilst meaningful might not get you across the line.
The facts disclosed above suggests that the preferred pathway is a prospective marriage visa subclass 300 to be lodged at the soonest opportunity.
Autumn says
Hello, thank you very much for your reply Nilesh. It helps a lot to have that suggestion, as it means we can look into preparing a prospective marriage visa as soon as feasible. May I ask what are the common reasons a Prospective Marriage application may be denied? While this article helped a lot, it doesn’t go much into that type of Visa, which seems like there’d be different factors in play. Apologies if there is already a separate article for Prospective Marriage specifically, I was not able to locate it. If there is would you mind directing me to it? Thank you!
Nilesh Nandan says
Hi
Please book in with me using the link below. It soars you’ve got some specific concerns and I can explain how to address each.
Thank you for contacting me.
Regards,
Nilesh Nandan.
Immigration Lawyer.
MyVisa® Lawyers.
Australia’s #1 Immigration Law Advisory
https://myvisa.com.au/10-minute-chat/
Anna says
Hi
I have a question. Me and my partner is living separately from each other since 3 yrs. I want to apply PR and want to apply alone. We haven’t got divorced. I want to get divorced and apply but he is refusing so I thought of applying alone but problem is spouse and single point which I will loose. Do I will get any points if I am not divorced and I am applying alone though m married??.
I got altogether exact 65 points without calculating that single/spouse points. Should I apply PR. Is there any risk doing so??
Nilesh Nandan says
Use this link to access our 7-day state-by-state detailed MIGRATION OPTION ADVISORY service. Your answers are emailed directly by our skilled migration experts. https://myvisa.com.au/7-day
Ranga says
Hi
I have a quotation about defacto relationship visa .
When is the application processing time start to count ? From the day applicant lodge the application or after sponsor lodge the application ?
Nilesh Nandan says
I think the better view is that processing times will commence from the date you make the application for the partner visa. The application for the visa is also usually made with the sponsorship.
Rovie says
Hi Im living in Victoria and wanted to register my de facto relationship but im still married in paper but i already separated for like more than 2 years. Can i register my de facto relationship even i dont get a divorce?
Nilesh Nandan says
Great question but no cigar.
If you’re married to somebody else then the relevant authority is unlikely to register your relationship, but you should check with the authority.
This may be helpful: https://www.bdm.vic.gov.au/marriages-and-relationships/register-a-domestic-relationship
Sunitha says
We both are indians..My boy friend has moved to australia in august 2018 and he is completing his masters in June 2021…can he add me as his wife (we are in relation from 5 years but we are not married) while dropping TR
Nilesh Nandan says
Use this link to access our 7-day state-by-state detailed MIGRATION OPTION ADVISORY service. Your answers are emailed directly by our skilled migration experts. https://myvisa.com.au/7-day
Harps says
Hi,
I, who am on a student visa and currently studying have been in a relationship with my girlfriend of Australian citizen for the past 2 months. Its just been 1 week since I have moved in with her.
We are planning to register our relationship as a de facto relationship. What I wanted to make clear was that being in a de facto relationship does that mean I can apply before 12 months to our relationship, or can I only apply after living for a minimum of 12 months?
Also my girl friend, has some health problems (for which she receives disability allowance). So I emotionally and physically support her, which is one of the reasons we are living together now.
Does this situation favor the application, regarding the application being processed quicker or being approved.
Nilesh Nandan says
I think you should be ok on both fronts rules as they stand for de facto partner visa relationships at the present time.
To be clear you do not need to show 12 months worth of cohabitation etcetera if you a relationship registered in the state of Victoria.
Kate says
Dear Mr Nandan,
This information is very clear and helpful regarding De Facto partner visas.
However I have an out of the box question regarding partner visas with health issues such as cancer. If the partners are already in a committed long term relationships of over 15 years and the applicant has a cancer, should they try to apply for a partner visa 309/100? Would a health waiver be considered in that situation?
Would the department refuse the application because of the cancer?
What’s the departments history on these type of cases in your experience?
Thanks in advance for your insight.
Nilesh Nandan says
Partner visas do allow for a health waiver application to be entertained however whether or not the waiver will be granted is a discretionary matter and in the case of cancer I think that you will have very significance difficulties in getting a visa granted.
KM says
Hello, I have some enquiry want to ask for my partner, and regarding onshore de-facto partner visa. With a bit complex case. I’m Australian Citizen since 2015, originally born and grew up in HK. My partner from Malaysia- Chinese. He came to Perth in Sept 2017 by tourist visa and in Dec 2017 he applied the protection visa 866 but got refused, and applied in AAT through some agent helps. Still waiting for AAT hearing until now, and currently he is holding BVA. Me and him knew on July 2018 and we staying commit our relationship living together since Feb 2019. Our original plan is to get marry in Dec 2020 and apply partnership visa, however few factors affecting our original plan.
I would like to seek for some professional advises regarding onshore de-facto partner visa with him and I believe he must satisfy schedule 3 and section 48 bar removal, not sure if with his hand injury can satisfy the compassionate and compelling reasons Looking forward to get some helps and assistance for application of onshore de-facto partnership visa , if not any other options, looking forward to hear from you as soon as possible, thank you very much.
Leigh Hendrick says
Hi.
Covid has kept myself and my Thai partner apart for 16 months now as before Covid we were getting ready to take the next step for us. its becoming mentally draining and frustrating talking via video calls every day and night. is there anything that can be done to get my partner in to Australia in this current climate.
Kind Regards
Nilesh Nandan says
It’s unclear if you are in fact in a defacto relationship or wherever you are engaged.
If defacto, the consider registering your relationship and lodging a partner visa now.
If you can’t register, then consider whether you meet the 12 month rule.
If you can’t register and can’t meet the 12 month rule, wait till COVID is over and get married and lodge partner visa then or consider lodging a prospective marriage visa now.
To discuss properly, you can book in a chat with me here:
MyVisa.com.au/10-min-chat
Kieran Stone says
I will give you a brief outline of my visa process and then ask a question
I am British – my partner is also British but in Oz as a PR since 2018
Met Dec 2019 travelling Malaysia
Entered into a long distance relationship Jan 2020
I visited Australia March 2020
We registered our relationship in QLD April 2020 before I went back to the UK
Got exemption to travel to Aus Dec 2020 and landed Dec 2020 on and E visitor visa
Left quarantine and moved in with my partner Jan 2021
Applied for 820 visa March 2021 – The visa was applied for on the basis that we were Defacto Partners based on the registered relationship.
The application was made “Decision Ready”
820 visa was granted 17/5/21
So the question is – Can me and my partner now get married??
We were advised that we should not get married whilst i was on my BVA bridging visa and it could nullify the registered relationship. But now the 820 is granted can we get married or do we have to wait until the 801 visa is granted?
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J. Marie says
Hi, Nilesh! I am from the Philippines and I have been in a relationship with my Australian boyfriend for more than 3 years now. He’s visited me here a few times, and I the same in Australia, plus we take holidays together also (we make it a point to see each other at least twice a year). I was supposed to come to Australia in 2020 with the visitor visa subclass 600, but was unfortunately denied a travel exemption as I was not officially a family member nor a registered partner.
Our master plan is that I lodge my application on-shore (820/801) as it is quicker than offshore applications. I plan on getting another visitor visa as my last one has already expired. I am due for my second dose of the COVID-19 vaccination this month so we hope this increases my chances of getting a travel exemption as well. We are faced with a few concerns at this point.
1) We plan to register our de facto relationship to increase my chances of getting a travel exemption. However…..
2) If we register our relationship, we’ve been told that it could complicate my application for a visitor visa (like add restrictions i.e. no further stay, etc.)
Can you confirm both points above? Thank you!
VEER says
Hello sir, Hope you’re doing good and safe,
I am indian gf of aus citizen since last 2 years and we’re planning to get marry but the border exemption is closed yet for India. In that case we both have met multiple times, lived together for 5 months in india, have evidence of our relationship from the last 2 years like call logs, chats and photographs, also from the financial term I am nominee with her insurance plan. so in this case can I apply for 300 prospective visa????
Really appreciate your response.
Regards,
Veronica
Abdul says
Hi Nilesh, I had studied two years in Australia and currently I am on my 485 Graduate Visa. My partner is currently studying in Australia on a student visa and we have been living together since 2018. Now, my question is when she applies for her 485 Graduate visa, can I apply with her as a de facto partner? Thanks 🙏
ZZ says
Hi
My partner and I have been living together for 3 years. However, we met over 8 years ago, lived abroad separately and then separated for a few years before deciding to get back together. Can this break of 3 years negatively impact our application? From a lawy standpoint?
Aarti Aarti says
Hi sir, i am on a student visa. Now i will apply for post study work visa subclass 485. My boyfriend live in india can i will be eligible for apply de-facto dependent visa with my file . I have been relationship with him last 7 years.
S. kashung says
Hi Nilesh,
I’m so glad I came across this article. It has clarified MOST of my doubts. However, I’m sure the situation is diffident now due to Covid. My bf (Australian citizen) and I have been in a Long distance Relationship for over 3yrs now. He has come to visit me and vise versa now due to the border closure I am unable to enter Australia. My question is,
1) when the border open, can we register our relationship while I’m on tourist Visa? He lives in Qld.
2) once it’s registered, can we apply for the partner visa?
All while I’m on a tourist visa.
Thank you,
Looking forward to a helpful advice.
Sam says
Hi Nilesh,
Am applying for partner visa on defecto relationship.
I had few doubts, I met my partner very first time in my life at my workplace in June 2017. We were only workmates and i left work 6 months later but stayed in touch while phone/text just as a friend. In Sep 2018 my partner was going through divorce and i let him stay with me as a friend and then we slowly came closer because i was also divorced and staying alone and we started our relationship around June 2019. He had to move out in July because his family was coming from overseas and he got separate place with them. I used to go and see the family almost every day and they were fully aware about our relationship. It was our joint decision not to live together in front of parents as a mark of respect for them bcz it’s not acceptable in our culture. We moved back again next day when his family left after 3 months in Oct 2019. We also have proof of long hour call details and text messages of each day. Now my question is:-
1. What date should i mention in my application where it asks date and place where applicant and sponsors first met? (Would it be at workplace ,June 2017 or Sep 2018 when he started staying with me as a friend)?
2. Date committed de facto relationship began? (What date it would be in my case? The day we officially decided to be in relationship on june 2019 or when we moved in again together in Oct 2019?
3. Date applicant and sponsor committed to a shared life together to the exclusion of all others( What date should be here looking at my scenario)?
Any help would be greatly appreciated.
Regards,
Sam
Lauri says
Hi Nilesh,
I have a question regarding adding subsequent applicant to my 485 visa. We recently registered our relationship with state and have been dating each other just shy from one year. ( Her visa expires before we have 12 months together). We have not lived together, but since that was not a requirement to register our relationship(to get legal de facto), that should not be an issue as far as I understand.
We have pictures, chat messages that validate the length and commitment made to each other and can have Australian citizen to vouche for us and also mutual travels taken together. Otherwise no joint financial documentation.
Since I have no in depth understanding of what is exactly required, i’m concerned my application might be weak and could be refused?
Is this a valid concern or what obvious things I could do to strengthen my application?
Triti says
Hi, i am currently on a visitor visa and planning to apply for an onshore partner visa based on de facto relationship (we got exemption to travel granted on the basis of de facto relationship where we included proofs such as civil partnership registration etc.) However we understand that the approval might take 2 years. What if we want to get married within these 2 years? Can we get married? I understand that relationship status must remain same but there must be a way to ensure that we get married when we want to.
Faith says
Hey Nilesh
I am currently on a 482 visa and I would like to apply for a partner visa. I live with my partner and have been with him for over 1 year, is this possible? And am I am able to withdraw/terminate my work visa once we apply for the partner visa?
Thanks!
Hana says
Hello Sir,
May I ask that my boyfriend completed his Master before, then hold his 485 and after that Working Holiday visa. After his Working Holiday visa expired, he became dependents on my 485 application, while waiting for my 485 outcome, my agent advised him to become dependent on my current student visa (which expires 15/3/2021). I have BVA of 485, however he has none. Should he apply for another student visa now and when I receive my 485 I will include him to my 485 again? (Since he still want to keep working, my agent advised him to apply for 408 covid visa but it seems risky for him, they don’t think it’s good idea to apply new student visa for him from now to study trade course because he completed Master before).
Thank you so much in advance Sir!!!
Kind regards
MARY JANE FERNANDEZ says
Hi! me and my australian fiancee been in almost three years relationship, and were planning to get married. his been here in the philippines twice, could you please give us advice what visa we should apply, what is best, married first before applying or before marriage. thank you so much. hope to hear from you
Nilesh Nandan says
Hi Mary Jane
I assume that you’re currently separated with you being in the Philippines and your partner being in Australia.
As you’re not yet married and you’re not yet in a defacto relationship the only real opportunity you have is to make an application for a prospective marriage visa.
A prospective marriage visa can be upgraded into a partner visa lodged onshore after you have come on sure and married within 9 months of arrival inside Australia.
If you decide to marry after you have lodged a prospective marriage visa and that marriage, then you’ll need to advise immigration of the marriage and your application will change to either an onshore or an offshore partner visa application and assessed as such.
In short, given travel restrictions, I would suggest that the prospective marriage visa subclass 300 would be the way to proceed.
Should you wish to get a quotation from our law practice to assist you with this fiance visa immigration work then please book in a 10 minute chat with us.
Regards
Nilesh Nandan
Immigration Lawyer
MyVisa®
Kani singh says
Hi me and my girlfriend(Australian citizen) have been in a relationship for more than one year but due to financial circumstances for we cannot afford to have our own rental property. She still studying and don’t really have a job and me on my own can’t afford a rental property on just my wage at the moment as I was jobless the whole covid period and I am from melbourne (Victoria). Would I still be able to file visa ? She lives with her dad from Monday to Thursday and and Friday- Sunday at my place. Please suggest
Nilesh Nandan says
Dear Kani Singh
Nilesh has asked me to respond to your question.
Thank you for contacting MyVisa®.
We understand that you and your Australian partner have been in a relationship for more than one year but are not living together.
It will be challenging (very difficult) to satisfy the requirements of a de facto partner and de facto relationship.
You risk failing as you’ll need to provide evidence of the financial aspects of your relationship, the nature of your household, the social aspects of your relationship, and the nature of commitment to each other.
All very hard to do if you’ve not lived together and don’t have your own place.
Should you wish to get specific advice about your circumstances from me, you can book in a consultation with Mr Nandan here.
https://myvisa.com.au/book
Regards
Jade Lee
Immigration Lawyer
MyVisa®
Hari says
Hello nilesh,
If I’m starting my regional skilled work visa after my student graduation visa, how can I bring my partner to stay with me? She is on school visa until the end of this year at the moment.
Josephine says
Hi Nilesh, quick questions, is it still eligible if we are both living together but outside of Australia (e.g., working in Europe) after applying for a De Facto Visa? We assume that we only need to be in Australia when we apply for this visa (820) and when they decide on our temporary visa application, is that correct? Thank you!
Cheers, Josephine
Nilesh Nandan says
Dear Josephine
Thank you for contacting MyVisa®.
You will need to in Australia when you lodge the subclass 820 application and you’ll be well advised to be back in Australia to get granted the visa. You can guess when you need to be back this by looking at the processing times published by DHA.
The department is full of great people and they’re likely to indicate to us in advance that they are looking to Grant the visa and at that stage we would normally indicate to you to get back into Australia.
There is no mandatory requirement that you must be resident in Australia for the duration of your relationship for the duration of the application.
Should you wish to get specific advice about your circumstances from me, you can book in a consultation with me here.
https://myvisa.com.au/book
Regards
Nilesh Nandan
Immigration Lawyer
MyVisa®
Sandy says
Hi, I am currently awaiting for the approval of a partnership visa. We were in an de facto relationship prior to the application. Now we want to get married, however have been told that getting married will impact on our application negatively. This makes absolutely no sense to us. Is that true? Thanks heaps
Nilesh Nandan says
Dear Sandy
Nilesh has asked me to respond to your question.
Thank you for contacting MyVisa®.
The short answer is that it is recommended to remain in a de facto relationship until after the partner visa application is finalised.
We agree that it makes little sense!
Here are some of the issues:
Officers can test the integrity and status of the relationship at the date of application and again at the date of decision.
Legislation is poorly drafted and does not properly accommodate (your partner visa situation) where there is a claim of a “de facto” relationship at the time of application and then a “married” relationship at the time of decision.
If you have applied for an onshore Partner visa (subclass 820/801), it will depend on whether you relied on the registration of your de facto relationship to get past the 12 month requirement.
For these cases, it may be advisable not to get married, as this may adversely affect the relevance of the de facto relationship certificate (as it may no longer be applicable) due to the change in your relationship status from de facto to married. Complicated, isn’t it!
This is not to say that partner visa grants can not or are not made to applicants who are in a defacto relationship at the time of application and a married relationship at the time of visa decision – it’s just that it’s fraught with greater risk of refusal.
In the event you have already married, you may wish to provide new Form 888 statutory declarations in light of your new married relationship status. You will also be required to notify the Department as soon as possible of the change in circumstances by submitting a Form 1022.
Note: Issues arise due to the applicant’s location when lodging the application (offshore or onshore) and whether there is a section s48 issue.
Should you wish to get specific advice about your circumstances from Nilesh, you can book in a consultation with him here.
https://myvisa.com.au/book
Please do let us know if you decide to marry and what your experience was!
Regards
Justin Jinhyun Kim
Immigration Lawyer
MyVisa®
amber govan says
Also I forgot to add that I am from Perth which does not recognise the registered relationship documents.
And we work as hotel annimators/Entertainers. This means we live in the hotel for free so no bills or rent paid.
We have been staying in our friends apartment in Turkey for the last 6/7 months with only paying bills to him. Proof being that the address is the same on our turkish residence permit application otherwise no proof of rent.
Thanks
Nilesh Nandan says
Dear Amber
Nilesh has asked me to respond to your question.
Thank you for contacting MyVisa®.
You may be eligible for a Partner visa based on your de facto relationship. We think this is your only option, considering your circumstances.
Regarding your relationship evidence, your circumstances are challenging. You will need lots of statements (4x Form 888 plus partner statements).
Usually, a Partner visa application takes between 19 and 23 months to process. However, it can vary depending on individual circumstances and COVID.
Should you wish to get specific advice from Nilesh, you can book in a consultation with him here.
https://myvisa.com.au/book
Regards
Jade Lee
Immigration Lawyer
MyVisa®
Amber Govan says
Hi!
I am an Australian Citizen and my boyfriend is German and 35 years old.
We have been together in a relationship since June 2019 ( so 1.5 years) and we met working overseas.
We are currently both outside of Australia due to COVID rules as he cannot enter the country. We previously spent 10 months apart in different countries originally because of work commitments and then COVID not being able to travel. Now being back in the same country (Turkey) for approx 7 months and will be apart again for another 6/7 months for work. Hoping to both travel to Australia by the end of the year so he can at least meet my family! I see applying for a defacto relationship is one of the only options but struggling with evidence.
How long does the process take? How much does it cost and do you see any other visa options for us?
Thanks
Dillon says
Hi Nilesh
I was wonderin to what extent the department expects money to be pooled between de facto partners. Is it sufficient to have individual accounts as well as a joint account that is used to pay all shared bills? Or is it expected that all money comes in and out of single joint account? Thanks.
Christopher Wood says
Hello, I am the sponsor of a partner visa applicant and my relationship has broken down beyond repair.
I wanted to try to respect the application but my partner has since started being with another and she has been abusive towards me.
What can I do? Who do I notify of my circumstances. She’s trying to kick me out of my home that I have built with little to no help from her. I have supported her fully, I even got stuck in the pandemic overseas visiting her family because she had ceased being human in her homesickness and need to see her family.
I have done everything to support this until I have reached breaking point. I cannot see myself leaving my home that I have worked so hard to build. Please give me some advice.
Jirga says
Hi there,
Is the immigration officer able to access WhatsApp private conversations for a partner visa application and check the legitimacy?
Orla Q says
Hi, I am an Australian citizen living in Ireland, I’ve been in a committed relationship for nearly 4 years but only started living together 10 months ago, but I never changed any of my documentation so we can’t prove we moved in together a year ago, would we still be eligible for the partner visa? We are only 19 and 21.
Ray says
Hi just a quick question. I am Australia citizen and I have a girlfriend in Japan but she has a 7 year old child dependent to her and the main guardian as my girlfriend is already divorced with her past marriage. What visa can I get for her child if I will apply a defacto visa for my girlfriend.
Alexandra says
Hello, thank you for all this great information. I am currently on a student visa but I have been living with my partner since I was on a visitor visa. Is it ok to register my relationship now or would that make it seem like I was not a genuine student or visitor? I am studying and following my visa guidelines. We have been together since about one month after I arrived to Australia. Thanks!
Robbie says
Hi there
My partner and I are applying for the 820/801 visa. We will not get married for a couple of years due to covid. If we apply for the 820/801 can we get married during the process or will this void our application ? I’ve head that you must wait until you are granted the 801 to get married
Alana says
Hi there
My partner and I are applying for the 820/801 visa. We will not get married for a couple of years due to covid. If we apply for the 820/801 can we get married during the process or will this void our application ? I’ve head that you must wait until you are granted the 801 to get married
Rossko says
Hello Nilesh
I found this is very useful. I would like to get advice on my current situation and proceed with your consultant on my case.
I am in a defacto relationship with my partner for over 2 years now. My partners have been married before perpetually separated for close to 7 years now. But it has been very difficult to obtain the divorce with all the issues her ex-partner. She is living in a country, that the legal system does not allow to obtain the divorce as sole application.
What is the best option available for us in this situation?
Nichola says
If I have PR and waiting to hear about my partners de facto visa, but our relationship ends. Does my partner need to leave the country immediately (back to the UK) or is there an option for him to stay in Australia? Also with COVID does that mean he stays here until travel restrictions are lifted? Can he still work?
Dorji says
Hi, I was granted partners temporary graduate (485) visa and it’s valid till may 2021 but my defacto wants to divorce, not yet divorce. Currently I am offshore and she is in australia. So, in this line can I will my visa still be valid and can i enter australia if i get divorce with her?
Sara says
Hi, i have a question. My friend arrived as a student and is not divorced yet from overseas. She will soon start her proceedings from the Australia court. Her partner who is an Australian citizen wants to marry her because she has only 5 months visa left and they love each other. She wants to know if her divorce might be an issue for applying for a de facto or spouse visa. Thanks for your help.
Neshaleny says
Hi , my fiancé was recently was a job as a doctor in Melbourne with a 407 training visa. We have been together for 7 years and living together for 3 years. Will I be eligible to apply for a de facto partner visa? What are my chances for it to get approved and also will I be able to get the Visa the same time as my partner? We are planning to get married in a month.
Eric says
Hi,
I am a PR, I want to sponsor my wife for partner visa, she’s thinking to get an ETA and then apply for partner visa onshore.
Is the ETA still available at the moment? they now have an ETA mobile app since October last year, but im not sure if its now available for application
Yilmaz Akarsu says
Hi. First of all thank you for your services and the information provided on your website. I have a question with respect to the option of registering your relationship in order to bypass the de facto criteria. What are the alternatives for couples (my partner is from South Australia) that are not resident in the ‘good states’. It sounds silly, but should they consider changing their state in order to apply for the partner visa successfully? Thank you.
George Lamberthill says
Hi Nilesh,
i have been granted my PR visa subclass 190 three years ago. I had applied for this visa together with my then de-facto partner and we both were granted the same visa (190).
Does this count as a sponsorship? Can I sponsor my new partner for 820 visa now, or do I have to wait for the 5 year limitation?
Thank You,
Best Regards,
George
Nilesh Nandan says
George
Great great question!
It does not count as a sponsorship.
If your relationship has broken down and you wish to sponsor a foreigner for a partner visa, then you should do so quickly, before the laws on relation to partner visas change in the first half of this year.
But certainly there is no sponsorship limitation at the present time which would apply to you.
Please contact me if you would like help lodging a new partner visa application subclass 820.
tammy says
Hi Nilesh
My partner and I plan to go to the UK for 1 year in 2021 (we are currently separated by distance ) and apply visa 820 onshore when we come back. Would the 12 month rule be exempted if we get married before lodging the application? Also, if we decide to register our relationship (if we haven’t got married when lodging the application), at what stage should we register our relationship and would that affect if we get married while waiting for visa decision? Thanks
Simon Patchin says
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Leti says
Hi I have been living at my partner’s home, who is an Australian citizen, regularly from past 9 months and on and off from past two years. We live in close proximity, two minutes drive away. He is separated not divorced yet but will soon apply for one sided divorce as his ex wife won’t return his calls. We have a genuine relationship, our familys know and all our friends and colleagues. We are in a relationship from past two and half years. My student visa expires in couple of months, can I apply for defacto. The only thing we don’t have is anything under our joint name, no bank account or home bills as we pay rent all inclusive.
What can we do to get past it?
We are planning to get married once divorce sorts, probably by mid of next year, what effect can it have on the application?
Fatima says
Hi.
I am married but not living wit my husband since 2 years.
I am in defacto relationship since 3 years and want to apply for partner visa.
I am not divorced lived at same house for few months with ex husband but now living with my partner since 2.5 years.
How do I prove that I am separated and now wish to apply for defacto visa
Rose says
Hi Nilesh,
Currently I’m on a bridging visa for (491),and before lodging my 491 visa I was holding a 485 visa. My, question is that can I apply for a partner visa 820 while on bridging visa, and can I cancel my 491 application after lodging 820 while the 491 is not yet finalised or decided?
Thanks!
Klara says
Hi,
Me and my partner have met while both working on a cruise ship and this is when our relationship started back in March 2019 since then we we have managed to see each other a few times in port of calls (when we ended up on different ships)and once for a month vacation together and we are in a constant long distance relationship and well Covid did not help us much to be able to see each other either. She is planning to come to Europe for like 3/4 weeks vacation what we could spend together as soon as borders are opening up and then around September time I wish to visit her in Australia. We wish to find a way to be able to stay together and have the chance to live together. could we still have chance for partner visa if we do not register in de facto? and not been living together at all? If I go out with a tourst visa and live together for 3month could that be enough? appreciate your advice.
isle Beake says
Hi Nilesh, we applied partners visa onshore last January 2019, currently on BVA. When we applied as de facto, we didn’t not meet the criteria of 12 months living together but we have had compelling reason we included during the application. We get married early this year and updated immi account details. Im a little worried I might get refusal, what do you think I should do?
Worshen says
Hi Nilesh, I have a question regarding the de facto. Me and my partner( PR holder) have been in a relationship and lived together for 2 and half years. During that time i was onshore and had to extend my student visa and eventually apply for my grad visa (485), during the application for both visa’s I picked “never married” as the relationship status. At that time I wasn’t aware how the de facto relationship worked and thought i should first register my relationship to be considered as a de facto.
I applied for my Grad visa in Jan 2020 and registered my relationship in July ,What i am worried about is the Relationship status I had picked recently for my temp visa. Will this cause any issue and should i file a form 1023. How could I approach this?
Thank you in advance.
Euikyum Yang says
Hi
I and my partner have been in a de facto relationship since September 2017. My partner is an Australian citizen. We have lived together since and have a joint bank account, rent lease, and many more evidences that are listed in home affairs website. Would we be considered as a long-term relationship and be waived from 2 staged process when we apply for the partner visa? I understand it would be circumstantial but I would like to know if the sufficient evidences are there this would be the case.
If yes, what should we focus on when we prepare the documents?
Much appreciated.
Ankita says
Hi Nilesh ,
Good day !!
Hope you are doing well .
I am currently in Adelaide on 485 visa and my visa expire in September 2021. My Fiancé is a citizen and stay’s in Adelaide too . We started dating each other 2 years back when I came here on student visa and recently got engaged . We registered our relationship in July 2020 in SA. We plan to apply for de facto as we can’t marry until my family can come here and they can not travel due to travel restrictions. We don’t stay together because of many personal reasons(religion mostly), but I do have him on my lease which started in Feb 2020 . We have our bank account together, we support each other financially , I recently changed my religion and have got certificate of that, we have bills together , receipts of gifts, chats and other relevant documents
What do you suggest in this case ?
Your suggestion and help will be appreciated !!
Thanks,
Ankita
Jasmine says
Hi Nilesh,
I’m on a student visa with four more years to go before it expires however it is a packaged visa which means I still need to complete a two year program and a three year one. I am currently halfway through the two year program and due to covid it has been difficult financially.
I have a boyfriend who wants to help me but we’ve only been together for 6 months and living separately and we want to register our relationship.
We want to apply for a Partner Visa and have a few questions – Does my student visa need to continue while waiting for Partner Visa approval? (We cannot sustain the tuition fees long term). And secondly we would like to know what our chance of having our partner visa approved is.
Thank you for any advice that you can offer us.
GILLIAN Crowley says
Hi Me and my partner are applying for a defacto partner visa, I am currently on a student visa and was wondering when I get put on a Bridging Visa will I have full working rights or still be on 20hours and have to keep attending college here ? My student visa end in Oct 2021.
Regards
Gillian
Nilesh Nandan says
Even though your bridging visa is granted to you, the visa which is in effect is the student visa… and you will need to keep on complying with your student visa conditions.
Solution:
If there is limited risk to you getting what is known as a “no further stay” condition, you might consider applying for a visitor Visa which will extinguish the student visa.
You will not be able to work for 3 months on the visitor visa but after the visitor visa ends, and assuming you lodge your partner visa whilst the holder of the visitor visa, your bridging visa will kick in and you’ll have full work rights.
Verma says
Hi Nilesh,
Hope you are doing well!
I am currently in India and my fiance is in Victoria(PR). We were supposed to get married in Apr 2020 but due to covid marriage is now postponed to either Dec2020 or Jan-Feb 2021.
Is it possible for me to apply defacto tourist visa for now so that I can travel along with my partner to Australia after getting married in India. And, then apply partner visa from onshore once I reach there on temporary defacto visitor visa. What is the possibility of getting temporary defacto visa if I have photographs of engagement, marriage venue booking details of April and whatsapp chat of confirmed marriage. We dont have any common financial proofs like rent agreements or bank accounts. And our relationship started around nov 2019.
Nilesh Nandan says
There is no such thing as:
“defacto tourist visa” or “temporary defacto visitor visa”.
It would appear from the information you have provided that you are not in any defacto relationship as recognised by Australian visa rules.
Divya says
Hi
Me and my Australian partner are in a relationship for past 2 years and 7 months. We are living together and have our finance together. We met each other parents as well. I’m on the student visa at the moment and it will be ending on march next year. Do you think it makes a strong De Facto Visa case or do we need to get married (as we don’t want get married now, we want to save some money and have a wedding after 1-1.5 year)?
Nilesh Nandan says
Don’t get married if only for a visa outcome!
You can manage a be visa without marriage.
Book in a chat with me.
Ayo Adekunle says
Hi,
A friend has recently applied for de facto partner visa – only about 2 months. She applied onshore, and she is still on bridging visa. Unfortunately, her sponsor has become controlling resulting in emotional and psychological trauma for her from domestic violence. She wants to leave the relationship but she is fearful that her 820/810 would not be granted if she leaves. Her abusive partner has also threatened to contact Immigrations if she leaves and tell them to cancel her visa. Given that she has only got the bridging visa less than 3 months, can she apply for change of situation successfully without being the partner visa being cancelled altogether? How long does she have to live (suffering in silence) before she is able to leave the abusive sponsor and therefore be eligible to notify Immigrations of change in situation? Thank you.
Nilesh Nandan says
Ayo
Thank you.
Please see my post of family violence. There is also a quiz I’ve created to get clarity of requirements.
If you have other questions, please ask these in that post.
https://myvisa.com.au/family-violence-immigration-guide-to-the-family-violence-rules-for-australian-immigration-updated-2020/
Helena says
Hi Nilesh,
I moved to Qld on a gap year in 2016 and worked at a school where I met my partner, who is an Australian citizen. I stayed for a year and we entered into our relationship very soon after I arrived in 2016. When I had to leave back to the UK for university in July 2017, we continued our relationship long-distance. He flew over to the UK for a month in December 2017, and I lived with him for 2 months over summer in 2018. I also visited for Christmas 2018. In July 2019 I got to move back to Qld for a year on exchange with my university, where we were closer but not in the same city so visited each other consistently but we didn’t live together. We did open a joint bank account to help pay for the flights to and from. When lock-down happened in March 2020 i moved in with him, but the school he works for owns the house and part of his wages are seen as ‘rent’ so he doesn’t have a lease that I could be added to. I stayed with him until July 2020. I have had to move back to the UK to finish off my degree, while he also finishes his university in Central Queensland. We really want to live in Brisbane, but we’re not sure if we are eligible for the de-facto visa as we have never officially lived together. We have 4 years of flight receipts, photos and a joint bank account, and are incredibly committed to each other, but because of university neither one of us could stay in the UK or Qld to live together properly. What are your thoughts on this? I wold like to move there and gain permanent residency eventually.
Thanks for your help!
Helena
Nilesh Nandan says
There are a lot of nooks and crannies involved in the history you have shared above.
The short story is that people in defacto relationships can often live apart and still meet the requirement (at the time of application and at the time of decision), of being in the genuine and continuing relationship…..provided that if they were living apart at any relevant time, they were living apart only temporarily.
You can book in a quick chat with me if you require further assistance.
I’m grateful for your question and hope my answer gives you the clarification you need.
Could I ask that you please login to FB (to be able to leave a review) and comment about your experience with me? It really helps me have more conversations and interactions like this one, by reducing my costs of advertising.
https://m.facebook.com/myvisa/reviews/
Would you please do this for me, Helena?
Desmond says
Hi Nilesh,
First of all, thanks for putting up this very informative article.
It has helped answer many questions, but I do have a few things I need more clarification on and I was hoping you could help advise on.
I am an Australian Citizen, my girlfriend is in Sydney on a student visa and it will expire in June 2021. We have been dating for 3 months now, and we are looking to get married in the 1st quarter of next year.
As I understand from this article, as we have not been dating for 12 months, the first thing we need to do is apply for a relationship register/certificate. (Are both the same or are they different, and do we need to provide any supporting documentation, photos or other related items, and what is the percentage that this is be approved and we will be able to get this relationship register/certificate?).
Do I then apply for the PR (820) before or after we get married, or does it not make a difference?
And once we have lodged the PR application, am I right in saying that even though her visa has expired, she is still able to lawfully stay in Sydney until we get the outcome from the PR 820 application?
How close to her visa expiry date should we lodge the PR application?
Thank you in advance for any advice or suggestions you can provide to us.
Nilesh Nandan says
It is technically possible to lodge a partner visa application prior to the date of the marriage however I would not recommend this course of action.
I say this because there is a risk that you might be found not to be in a genuine and continuing relationship, sufficient for the purposes of the migration regulations, as at the time you made the application. Having a marriage certificate can combat this risk and is quite an ace of cards to hold.
Another opportunity available to you and to others in most other states but not all, is to make an application to register your relationship with the offices of Births Deaths and Marriages. Most people go for this option if their state or territory allows it.
In relation to the best time to apply I would say that you should apply as soon as you are eligible and that regard as soon as you I’m married or have a relationship certificate or at least applied for a relationship certificate.
Earlier this month it was announced by the treasurer and also followed up by the minister that rules relating to partner visas will change in the future. I think those (future) rules will be much more problematic than the current rules so I would try and lodge with the current rules as quickly as possible.
When an answer application is made by a visa holder who holds a substantive visa, and that application is made in Australia while the visa applicant is in Australia than that visa applicant will usually obtain a bridging visa A, by operation of law in most circumstances.
That bridging visa will keep the visa applicant lawfully present in Australia and usually with full work rights until such time as the decision in relation to the application is made.
The visa holder might be eligible for a different bridging visa to allow the visa holder to exit Australia for a short period and return to Australia, and then wait in Australia until the final decision is made.
If there are travel restrictions in place then you need to be aware and compliant with travel restrictions in place or obtain relevant exemptions in relation to travel both out of and into Australia.
In my experience it is taking about 20 months give or take 7 months for subclass 820 Visa applications to be decided.
I hope this helps and please consider leaving a review about your interactions with me and Live nation available in this blog… at this link below … as it helps me greatly.
https://m.facebook.com/myvisa/reviews/
Good luck!
Melanie says
Thank you so much for your reply. I had no idea we can register a de facto relationship, which I believe would help a lot as we did not live together for 12 months, nor do we have children or joint assets, and only screenshots of text messages. I understand the application takes up to 9 weeks to apply. Once we have the de facto relationship registered, would I have a chance to apply for a travel exemption to enter Australia, and once there, apply for an onshore partner visa? Do you think that our case is strong enough? I would have no issues with the English test, and I am from an Apac country but I speak fluent English. Thank you.
Melanie says
Hi Nilesh, thank you so much for this post, we truly appreciate it.
I met my boyfriend online in January 2019, he is an Australian citizen residing in NSW. We started a long-distance relationship for 6 months with phone and video calls. In June 2019, I flew over and stayed with him for 3 months to assist and support him through a post-surgery period. We were separated for 3 months as I was in New York for work, and I returned to stay with him again for 3 months from Dec 2019 to March 2020.
I was supposed to return in March, and submit an onshore application for a Partner Visa so that we could start our life together and build up a small business as well. But since the closure of international borders, I have been unable to return. I seek your advice:
1) Both of us are in our late-40s, as such, we never had much social media proof of our relationship. Neither do we have a joint bank account or had any will made. We are not prepared for marriage either at this stage. Will all of this hinder our application for a de facto Partner Visa?
2) Once borders reopen expecting mid-2021, can I apply for a tourist visa to visit him again, and we submit an onshore application then? What are our chances?
3) Based on our circumstances, please can you advise what we can do for now and also when the borders reopen?
Thank you so much, Nilesh.
Nilesh Nandan says
Mel
Have you considered register your relationship at the state of New South Wales? I didn’t assist with registration of relationships but you should explore your opportunity to register such a relationship even though you are currently outside of Australia.
The second issue which arise from your questions is that 2 days ago significant changes were announced in relation to the partner visa program.
English language requirements are to be introduced. These are unlikely to affect you as you are likely to be from an English speaking background. But it does change the requirements in terms of having your partner required to first be approved as a partner-sponsor before your visa application will be entertained.
The next consideration is the fact that allow it is always preferable to make the application inside Australia, get ordered to come within more preferable current rules, you should get some advice in relation to an offshore application for a de facto partner visa.
Helena says
Hi Nilesh,
I am a UK citizen and met my partner of 4+ years while on a work visa in QLD in 2017. After a year in QLD living separately I moved back to the UK for university. We have visted each other back and forth for periods of 1-3 months each year. My partner is at university in QLD. In 2019 I moved to QLD on a student visa as part of my university. I moved in with my partner from March 2020-July 2020 but his house is paid for my his work with no lease so we can’t really prove I lived there during the Covid-19 lockdown. I am now back in the UK for final year of university as he finishes university in QLD. We have evidence such as years of flight receipts, cards, photos and a joint bank account as proof of our relationship. Do you think we could qualify for de-facto status? We have been committed for over 4 years, but university and visas have prevented us living together properly.
Thanks so much for your help.
Helena
Anita says
Hello Nilesh,
I had a question about applying for the partner visa. My partner and I have been in a relationship for the period for 4 years, myself being the permanant resident. We have several times considered moving in together but I am supporting my mother who is unwell and dependent on myself financially. Is a partner visa in this scenario still possible for us?
Paul says
I’m in the process of putting my partner visa application together. We would’ve been together for 18 months at the time of lodgement but only lived together for 7 months (with bills for 5 of those months).
We attempted to register our relationship through Victoria’s BDM site in June but due to COVID they are not issuing certificates. I have a copy of the application receipt which I’ll add to the evidence but I don’t imagine the certificate will arrive by November.
We have plenty of joint plane tickets, bank transfers, photos and messages prior to living together but I’m not sure whether this is going to be enough? Obviously don’t want to waste the money if it’s almost certain to get rejected.
Thanks!
Aubrey says
My gf is living outside Australia and I’m an Australian citizen, we have been planning to apply for a de facto visa. I’m currently studying and don’t have a stable job yet. Will that affect the financial aspect of our application? Do we need to show a lot of funds/money in our joint account or do I need to prove that I can financially support her?
Le says
Hi, I am student visa and my boyfriend is kiwi and leave in australia over 30 years but he does not have australia passport. How we can apply de facto relationship? Can we apply de facto with new zealand passport?
Thanks and regard
Kriti says
Hi,
Very helpful articles!
My boyfriend (an Australian citizen) is currently posted in India for work and we met 3 months back. Our relationship has become fairly serious since and we have been considering a partnership visa but staying aprt while the application processes is not an option.
I have been reading a lot about the visa processes on govt websites /blogs/lawfirm alerts, but it all seems to end with a deadlock. While it may be possible for citizens of some countries to arrive in Australia on a tourist and then apply for a partnership or marriage visa from within Australia, the same isnt true for an Indian citizen. This is quite a worrying situation for us as my boyfriend moves back to Australia by End of January and we wouldnt want to stay apart, while substantive visa application is pending.
Preparing and Applying for a lengthy and tedious partner Visa application in india and then waiting for a decision to come through is not an option for us. If we have the konths if Dec and Jan to work documents and application out, what is best solution for us? Can i apply for the Partner visa from india and then immediately apply for a tourist visa and leave with him so that we dont stay away?
Mary says
Hi Nilesh, I know this is a long time ago, but I hope you would be able to read my comment.
I have a boyfriend for almost 10 years and he is offshore at the moment. I would like to ask if it is possible for him to go here on a tourist visa and we will apply for a de facto relationship and then add him to my 485 Visa? Thanks.
Steven says
I have sponsored two partner visas in the past without any dependant children. I now have a 3rd partner in a 1 year relationship which is pregnant on a student Visa. I Also have a section 9 recorded against me. What do i need to do and will my Visa application be rejected if I apply. Please help
Matt says
Hi Nilesh,
My partner is currently overseas, we are applying for the exemption to travel for a de facto partner, we have also just applied to register our relationship. Would she be able to come over on a 417 visa or would she have to come over on a partner visa.
Also if we have not lived together for a year does that ruin our chances of being classed as de facto? We have a lot of other evidence to back up our relationships and commitment
Thanks,
Matt
Natasa jones says
Im currently staying on Australia With a working visa. I had applied for de facto visa (Without marriage ) of my ex and visa has been Recently lodged as well. However, we are not in relationship anymore n he is not coming here as well. Now I going to marry another guy and applying him for the De facto relationship visa with marriage proofs. Can I immediately apply his visa?? Or I have to wait for some years??
Emma says
Can you apply for a partner visa and NOT live with your partner? If you register your relationship with the state, does that allow you to validate your relationship without moving in?
Monika says
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Carlos says
My partner applied last year for a defacto visa with her ex-partner and is still waiting for approval. Their relationship is registered (but has now ended). She is now in a genuine relationship with me (I’m an Australian citizen) and I would like to sponsor her so she can be stay in the country.
What is the best thing to do when someone changes partners while waiting for a defacto visa application to be approved i.e. what options do we have to move forward?
Thank you!
Nilesh Nandan says
If you are still waiting for a decision in relation to a partner visa (this would mean your partner holds a bridging visa at the present time) then you should contact me urgently about withdrawing that application and lodging a fresh partner visa application.
If there is a partner visa that is refused then you will have a difficulty in lodging a fresh partner visa application whilst in Australia and you should seek to avoid that situation if at all possible.
A guiding light in all of this is to make sure that you do not mislead the Department of Immigration in relation to whether or not your partner ha in fact a continuing genuine relationship with his (ex) partner.
You can use this link to book in a complimentary chat with me without charge to discuss this matter further if that helps you.
Myvisa.com.au/services
Annie says
My partner applied for permanent residency with his ex-partner and the primary applicant was his ex-partner. They got the PR in 2014. They got separated in 2015 and divorced in 2017. We have been together in a de-facto relationship for over 18 months, can my partner sponsor me?
Nilesh Nandan says
Yes!
The sponsorship limitation on serial sponsorship for partner visas only applies in relation to more than one partner visa.
If your partner was sponsored as a dependent on an employer-sponsored visa, the serial sponsorship rules do not apply but even if they did, you could proceed to lodge a de facto partner visa application now because the timing would allow an application to be made now.
Although the time period between two partner visas needs to be five years, these dates are counted from the date of lodgement of the first partner visa permission to the date of decision in relation to the second partner visa permission.
If you would like specific advice please book in a chat with me here:
Myvisa.com.au/services
Aisling Mullan says
Hi myself and my Australian boyfriend live in the Northern Territory and he want to know. How important is it to have a joint account for the visa is it a necessity for the visa as he has never wanted one and doesn’t now?
Also not that it would happen but he worries what would the outcome be if we broke up during the application or after the visa is granted?
Nilesh Nandan says
It is most certainly possible to get a partner visa approved without having joint bank accounts.
The bigger issue is whether you share a household together and whether you are committed to each other. This does not necessarily require joint bank accounts. If you have them then well and good. I am increasingly seeing couples including also same sex couples not having joint bank accounts at all you’re still meeting the requirements of the Migration Act in relation to partner visa criteria.
Onto your second question, if your relationship breaks down before your permanent residence visa is granted then you will need to withdraw your application and jump onto another visa.
If the permanent residence visa has been granted and provided there has been no fraud or incorrect answer affecting the previous applications then you would simply part ways and there would be no visa consequence full stop the partner with permanent residency would continue to have permanent residency under the partner visa program because the law acknowledges that relationships do breakdown.
If your relationship breaks down as a result of domestic violence and you can evidence that family violence has occurred during the course of your relationship, or if there is a situation where the sponsor dies or if there is a child of the relationship then there is an opportunity under the Migration Act to seek to have the grant of the permanent resident visa, even though their relationship has ended.
Jon says
Hi
My girlfriend and I have been together for 14 months. She lives in New York and we have not lived together but we have seen each other every 2 months until covid flight restrictions have been enforced and have not been able to see her. I would like to get her into the country to live with me because that was the original plan anyway. Do you think I can get a fly in exemption if we register our relationship as de facto? I live in Victoria. Or do you have a suggestion of a better way to get her to here? Thanks
Nilesh Nandan says
I do not think that you will get any exemption for you girlfriend to fly into Victoria at the present time because of covid-19 restrictions.
If she is a girlfriend and not a de facto partner then it is unlikely that you would be able to get a relationship registered in any event because it requires you to be in fact in a de facto relationship and resident in the state for registering your relationship.
You could give consideration to lodging a prospective marriage visa.
Please give me a call to confirm your eligibility for a prospective marriage visa or another type of visa using this link to book the call.
Myvisa.com.au/services
Charles says
Hi,
I’m from Uk and live in Australia with my nz gf . It will be 12 months in January 2020 we will have lived together for 12 months . We will go to nz in Feb 2020 as my gf will study for a period of time and i will go with her to nz . If we apply offshore with both my gf and myself in nz will i get grant for 461 offshore? If visa 461 is granted Does she need to come back to Australia with me and then visa will be granted ?
Nilesh Nandan says
Have you registered your relationship?
aRTUR pRAT says
Hi we are planning to apply for the partner visa, we have been committed for about 5 years. Other than supporting documents and witness letters, is there any separate statement we could provide to try to shorten the bridging period? Thanks
Nilesh Nandan says
Thanks for posting your question.
There is no separate statement other than your own statement and that of your partner together with the form 888 forms of people close to you confirming your relationship is genuine and continuing.
if your state or territory allows you to register your relationship then I would strongly recommend you do this and get a relationship certificate prior to lodging.
Best regards
Nilesh Nandan
Laura says
Thank you 🙏 Nilesh
Laura says
He resigned due to medical reasons and is ready to go back to work and has reapplied again but due to Covid 19 they put the job on hold.
Nilesh Nandan says
Say it how it is.
He is temporarily not employed. This is temporary.
Laura says
Thank you for your reply Nilesh I really appreciate it. Should I mention the fact that he is not working at the moment in the financial part ?
Nilesh Nandan says
He is “in between jobs” isn’t he?
Laura says
Hi,
My partner and I applied for a de facto visa and we were granted the 820 and now it is time to complete stage 2 for 801. My partner who is sponsoring me has lost his job and has not been able to get another one due to Covid 19. Will this have an effect on getting the 801?
Thanks
Nilesh Nandan says
No it won’t stop you getting the grant, Laura!
Just make sure your relationship stays strong.
Expect delays because of Covid, but don’t expect any visa refusal if your relationship is genuine.
Thank you for reaching out to me. Hope this helps.
Regards
Nilesh Nandan
Immigration Lawyer
Fernando Carrillo says
Hi Nilesh,
Wonderful post, thank you.
My partner and I just finished our master’s. We’ve been together for almost 7 years and lived together for at least 4. We were thinking to apply for the 485 independently, however, with the lockdowns and the COVID crises we are trying to cut down costs. Now, we are thinking that only one of us should apply to the 485 and the other would join as a de facto partner. I have a few questions.
1. Do you think is better to apply separately or as a couple?
2. If she joins my application as de facto partner, will she have full working rights?
3. We don’t have any of the proof here in Australia (i.e. shared bills, bank account, or lease). Would be this a problem or there is any other way to prove the relationship?
Thank you so much for any piece of advice.
Nilesh Nandan says
If both of you qualify independently then I think it would make sense to spend a little bit more and to lodge two(2) separate applications at the present time.
Be careful not to compromise any answers you provide in terms of being in a genuine and continue relationship with your partner.
If you’d like weather advice and please booking a consultation with me.
Myvisa.com.au/book
Regards
Nilesh Nandan
Paul Smith says
Hi, I sponsored my partner and she has been approved for temporary residency. We are now ready to submit the PR application. Funds are a bit tight due to the covid 19 pandemic so we want to submit this ourselves. Is this ok to do or us it risky without legal representation?
Nilesh Nandan says
If your application is genuine and continuing and you are disciplined and determined to put together all of the supporting material confirming this fact then I think that it is reasonable that you could lodge the PR part of the application yourself.
These are difficult times and any money you can save can go towards starting your new life together!💃
I wish you the very best. In case you have problems feel free to contact me again.
keith says
Hi can i ask if we can apply for a de facto with my partner.By the way im separated from my exhusband for 20 yrs already. My current partner is living outside Au and we have been in relationship for over 6yrs. Is it better for him to come here on TV then we will apply for de facto when he is here already.need advise.thank u
Nilesh Nandan says
Certainly it is better to make an onshore application for any partner visa rather than an offshore application for any partner visa. The main reason for this is that you’ll be able to remain together whilst the visa is being processed. Feel free to book a 10 minute chat if you’d like to discuss: https://myvisa.com.au/book/
John says
Hi Nilesh,
My partner and I have been together for over a year, we are currently doing long distance. She was going to move to Australia this year but the restrictions have complicated everything. It is possible to apply for entry to Australia for a De Facto Partner. However, would the de facto visa be required for this or can we just prove that we are de facto? I cannot find it specified anywhere. My partner is currently a permanent resident of another county, so we are hoping that she can apply for a non-immigrant visa instead to avoid losing her residency. She would be eligible for the subclass 417 visa.
Nilesh Nandan says
John there are a few issues to talk through – suggest you book in a 10-minute chat to discuss: https://myvisa.com.au/book/
Charlly Ann says
Hi Nilish good day !! I am under student visa I arrived here last June 2019 and on my application my status is defacto with my boyfriend that is in my home country but along the way we separated. because of long distance . This January 2020 I met a new guy and we get a long then live together starting February 2020 and till now . My student visa will expire on Sept. My question is that do u think we can apply de facto before my visa ends? with different partner? Or should I apply for another student visa for us to have more evidences and to rlimate my former status please enlighten me 🙁
Nilesh Nandan says
Let’s talk it through – book in a 10-minute chat to discuss with me: https://myvisa.com.au/book/
lucas says
My wife who wants to leave our marriage because I cheated with my best friend has come back to me. I have done everything to show remorse but she refused to come back for over 6 months she won’t even let me see my kids. I feel sorry and remorseful for my actions already but not letting me see my kids is causing me depression.
Nilesh Nandan says
I’m sorry Lucas but this is not a matter we can help with. Suggest you call Lifeline on 13 11 14 for support for your depression. Best wishes.
Kirsten says
Hi, at the time of lodgement, I would have been living with my partner for 7/8 months, and in a relationship for 1 1/2 years. The immigration have asked for further evidence, basically evidence why we didn’t register our relationship or didn’t meet the 12 month requirement of living together. We registered our relationship with the navy but that is it. What evidence should we give them to explain this. Our reason was we genuinely didn’t know registering our relationship with the state was a thing. And we decided to stay in aus rather than move back to my own country to continue the relationship because my partner is in the navy so he has work commitments. Please help what evidence would be best to supply? A signed letter explaining all this?
Nilesh Nandan says
Apologies for my slow reply Kirsten. It would be best if you booked in a 10-minute chat to discuss with me: https://myvisa.com.au/book/
Jaideep says
Hi I have got refused visa from my previous 1st marriage and got divorced and now I’m re-married with my wife and we are living together, she’s Australian citizenship and I’m on protection visa , we have be together for three years and have our baby son 1year old. I have applied for partner visa Again and I got refused again . Now I have got refused from the department to lodge my Partner visa application now it seem I can’t lodge my visa application again . My lawyer asked me to lodge from offshore as I can’t leave my family and job here . Is there another option to do my case ? Please help.
Nilesh Nandan says
Apologies for my slow reply. There are a few issues to talk through so I suggest you book in a 10-minute chat to discuss with me: https://myvisa.com.au/book/
Yuki says
Hi Nilesh,
I am currently under my ex boyfriend’s 485 graduate visa as a dependent(he is not Australian). We went to apply to end our civil partnership during November 2019. After three months we’ve got a certificate documenting our relationship being over, but we didn’t inform immigration that the circumstances have changed.
I am wondering if in this situation, am I able to apply for a partner visa under my 485 dependent visa with my current boyfriend who is an Australian citizen? or likely I will get a BVC or BVE as I can’t work or leave aus ?
Or the processing time will take longer than other applicants .
Thanks you for your answer
Nilesh Nandan says
Great question.
If you are in a genuine and continuing (new) relationship with your Australian citizen partner, then you can lodge a subclass 820 partner visa (get a new certificate). This is possible because you hold a substantive visa and you will be granted a bridging visa A in association with any subclass 820 application made at this time.
I hope this answers your questions and thank you for your comment.
Please contact me if you require further information or assistance or a quotation in relation to making the partner visa application.
Best wishes.
Nilesh
Ineke Wijaya says
Hi..
Is it possible to legally register De facto relationship if my partner is in legally married and has not permanently ended his marriage. I mean he is not intend to divorce his wife..I’m an Indonesian and he is an Australian citizenship. We’ve been t in a relationship more than 2years and i can proof it And now i’m 4months pregnant by him. I have a multiple tourist visa and allowed to stay there for maximum 3months. So since last 2019 i came and out from Australia many times. But because the international border is still closed i cant fly there.
Thank you Nilesh and have a good day
Nilesh Nandan says
The rules full registration of civil partnerships or any de facto relationship differ from state to state and territory.
I’m not aware of any state or territory that will allow a defacto relationship to be registered where one party is still married to a third party.
in your case you say that you have been in a defacto relationship for at least two years and you have “proof” of that. This means that you will be able to rely on the basis of the 12-month rule. If you’re not married or if you do not have a relationship certificate then you need to be in a defacto relationship to the exclusion of all others for a period of 12 months to meet your prior to making the application for a partner visa.
You should get specific advice about your circumstances before making an application.
Thank you for your question and I hope that my preliminary comments have been useful.
Regards
Nilesh Nandan
Hailey Park says
Hi Nilesh,
Thank you for giving us helpful advice!
Our couple is having a depressing time away from one another, please help us out.
Currently I’m in my country, South Korea finishing my degree and my partner is in Australia – he is an Australian citizen.
We were planning to apply for the onshore partner visa this year after I enter Australia with working holiday visa or ETA. But due to the pandemic, the Australian border is closed before I finish my degree, and we are considering applying for the exemption in June when I’m ready to fly into Australia.
We have registered our relationship at NSW in August, 2019 and we opened up our joint account in November 2018, but we haven’t applied for partnership visa nor married because we have been in a long-distance relationship.
My question is – 1) given that we registered our relationship at NSW, how likely is it that the Australian government would grant me the travel exemption?
2) I’m thinking of applying for ETA or working holiday visa along with the exemption application, would the type of the visa I choose affect their decision on whether they grant me the exemption or not?
3) If Australian government rejects me to enter Australia, what will be the way for us to see each other? :'(
I hope my questions are clear for you to understand.
Thank you very much in advance.
Nilesh Nandan says
Apologies for my slow reply Hailey. Thanks for such detailed information. We really need to talk it through so I suggest you book in a 10-minute chat to discuss with me: https://myvisa.com.au/book/
Martin Abuhadba says
Hi Nilesh,
Hop you doing well!
Quick question.
My partner has been invited for a 190 visa December 2019 and she applied on February this year. She is going to add me as her de-facto in her application. Now, we have been less than 12 months together, so we send the papers for registration around 3 weeks ago.
The problem is that her visa waiting period got reduced from 7-9 months to 5-7 months, so now we’re afraid that is going to be granted before the de-facto certificates arrives.
Is it possible to make a change of circumstances in her visa now and upload the certificate later once we receive it? Or is it required to have the exact date where we became registered de-facto for her to do a change of circumstances in her application?
Thank you!
Nilesh Nandan says
The are a number of issues here. You should consider getting detailed advice. But for present purposes, you should note:
1. The rules for being a defacto partner in a defacto relationship aren’t the same in 190 applications and 820 applications.
2. Your visa status and other eligibility for the 190 is to be considered.
The short answer to your question however is that you should update Immigration immediately and supplement the immi account with the certificate as soon as it comes in.
Do see me if you require additional support.
Best
Nilesh Nandan
Jay says
Hi , I have a question.
Im holding a student visa and my partner he holding a australian citizenship .I have been live together with him and his mom. He used to work as a causal job but unfortunately about corona virus outbreak then he lost a job ,now he getting a centralink Coronavirus supplement package .if it possible that he can sponsor me a defecto visa while he has no job?(we registered a relationship certificate )
We live together 3 year but all the bill it under his mom also she is a owner of a small restaurant .
Thank you ,
Nilesh Nandan says
Yes. I would lodge. The current rules for defacto partner visas are as good as they are likely to ever get. I’m sure the employment situation with resolve itself by the time the defacto sponsor application is considered. I wish you both then best.
Nilesh Nandan
Chanel Harris says
Hi,
My partner is from New Zealand and I’m from Canada. We’ve applied for the 461 visa in July 2019! We’ve been together for almost 4 years (met in NZ, moved over here together) and have been living together for about 3 years. We’ve sent it enough evidence to prove everything that was asked. Just wanting to ask whether I should keep sending in more documents or just wait and not bother? Will it speed up the process or delay it?? Since we’ve sent our application in, We’ve been on a couple of important trips together, moved into our own place (we were house sharing before), and we have also applied for civil partnership. Will it help to send in this additional evidence?? Thanks!
Nilesh Nandan says
Thanks for sharing your experience and frustration.
I would get a glass of wine and forget about immigration for the moment.
If you don’t do this you’re likely to go crazy drip-feeding immigration with every additional bit of information for many many months ahead.
If you have confidence that you have got enough evidence to show that you are in a genuine and continuing relationship then relax and have a second glass.🍸🍷
When your case is opened by the case officer it is my experience that in all cases you will receive a letter from them, asking you to provide updated or additional material.
Until then, I would not waste your precious time unless you really really ♥️ love uploading stuff into your immi account.
Adam Long says
Hi, I have a question regarding processing times, in particular temporary grant of visa to permanent grant of visa. Is the two year period for consideration of permanent residence from the moment you make your overall application or from when you are granted the temporary visa?
Nilesh Nandan says
This is a great question.
The two year period starts at the time you make the application for the provisional partner visa subclass 820 or subclass 309.
Subclass 820 is the onshore version and subclass 309 is the offshore version.
You are eligible for permanent residency after you have been together for a 2 year period starting from the date of lodgment… Not from the date of decision and not from the date your relationship commenced.
Note that even though you are eligible for permanent residency, it usually takes a few months before information requests are made and processed by DHA …to confirm that you are still in a genuine and continuing relationship, prior to the permanent resident visa grant being made.
In the case of the case of onshore applications, you will then be granted a subclass 801 permanent resident visa. If the partner visa was originally made offshore as a subclass 309 then you will be eligible for the grant of the subclass 100 while you are on shore.
Holly Keeling says
Hi Nilesh,
My partner and I have been together for 2 and a half years, we have had a shared lease since July 2019 in the UK, and before that we were living with my parents from October 2018. I have already lodged a de facto partnership visa – we haven’t registered our relationship as we have a lot of evidence to back our relationship.
In September 2019 I applied offshore for my partner visa and our plan was to travel Europe from August 2020, as this is when his visa expires for the uk, until my visa was granted for Australia. With the wait time currenly at 13-21 months that would mean travelling until anywhere between October 2020 and June 2021 which we are well prepared for. Obviously COVID19 is having a huge affect on our plans and I applied for an exemption to travel, to which they said I need to hold a visa and they can’t bring my previously lodged visa forward, which is okay because I am eligible for a working holiday visa which brings me onto my query.
Would I be okay to head there on a working holiday visa because I applied for my visa offshore I am concerned what issues I will run into if I am in Australia when my partner visa is granted. Is it a case of heading to New Zealand and coming back to validate that visa or can I not be in the country at all?
Thanks
Nilesh Nandan says
Great question.
The offshore subclass 309 version of the partner visa can only be granted if you are offshore.
Nothing stops you from entering Australia on a visitor visa or a working holiday visa.
At the time DHA is ready to grant your 309 visa, they will check their systems and if you are inside Australia, typically contact you or your agent and explain that they are ready to make it grant …and give you an opportunity to exit (to New Zealand as you have suggested in your question) so that they make the 309 grant to you.
If this clear?
Brenda Ling says
Hello there,
I currently hold a student visa that will expire on the 30/08/2020. My partner is an Australian citizen and we are looking to apply for a de facto partner visa by registering our relationships. We have been living in separate address and wish to continue to do so until we get officially married (planning to at 2022) due to cultural reasons. Is that possible? Do we have to move in together for the visa or is registering our relationship enough? We have been in a public relationships for exactly 4 years now (24/04/2016). We have photos of us going on trips, attending weddings and photos evidence of anniversaries and birthdays celebration as a couple for the last 4 years. My parents even included him in the most recent family portrait (professionally done).
What evidence do we need?
Please advice.
Nilesh Nandan says
I agree that registering your relationship well indeed need help you.
As a matter of law you will need to be in that defacto relationship on the date you apply for the visa.
There can be many circumstances where de facto couples are not cohabiting….. Or not actually living together at the same residence.
Common reasons are because of work requirements, study requirements or restrictions on one’s visa status.
Just because you’re not cohabiting does not mean you will fail the requirement for a defacto visa.
I am have a uncomfortable about the reasons you have put advice for not co-habiting. there’s a real risk that a Delegate of the department of home affairs will form of you that you are in fact only boyfriend and girlfriend rather than de facto couples hoping to go into a spousal relationship only after marriage.
If you wish to go down this path, I would be very careful.
Sak says
Hi there, I hope you doing fantastic!
Actually i about to apply de facto visa in coming months and I currently living with my partner(PR) since last 18 months With all evidence and i take care my partner’s children too. So my question is: may I eligible for Direct PR after provisional visa grant, if i wait 6 more months?
Nilesh Nandan says
No. First you need to lodge your partner visa application. Currently it takes at least 20 months (but give or take 7 months) to get a decision in relation to your partner visa application.
While your 24 months period does start to accrue from the minute you lodge your 820 Visa or 309 visa, there is no such thing as “direct entry” in relation to spouse visas, simply because you have been together for 24 months.
There are circumstances where you will qualify for the grant of the 820 provisional partner visa as well as the 801 permanent residence visa in rapid succession, but your case is not one of these circumstances.
Gonzalo branada says
Hello there, i have one important question. My permanent resident visa subclass 801 was granted 24 hours ago and i broke up with my sponsor 1 week knowing this outcome and moved to different places, I now want to apply for centerlink help since I lost my job due of coronavirus and im scared that immigration will find out we broken up recently and potentially lose my PR. Is that possible?
Nilesh Nandan says
Yes it is possible because you must be in the genuine and continuing relationship with your partner at the time of decision to grant you a permanent visa.
Bernadette lapatha says
Hi, can I still allowed to work and live here legally in Australia when my partner end with me.i am holding bridging visa A till now for he doesn’t cooperate with the processing.he said not now.
Nilesh Nandan says
This is really unfortunate You need to have a valid visa to remain law for the present in Australia.
If you have previously advised the department that you are in a relationship and this relationship has come to an end then you need to update immigration. You can make this notification using form 1022 notification of change of circumstances.
amanda says
Hi there
My partner and I applied for the de facto visa a year ago and have lived together since August 2018 – however have decided to live seperately for a year before we buy a place together.
Will this affect my application?
Nilesh Nandan says
This is a great question.
Of course you are making it harder for yourself but technically if you’re living apart and you have a rational reason for doing so and you are only living apart temporarily there there are arguments that can be made that your relationship is never the less one which satisfies the criteria for the grant of the partner visa.
I would recommend you get some advice on this make sure that you cover your backside. it is quite a bold thing to do under current visa regulations but one which people should in fact do if the circumstances so require.
Fortune favours the brave I say!
a says
Hi Nilesh,
My question may look a bit strange, but please pardon me. I really need some clarity as to what a defacto-relationship means? And basically, what I like to know is if “romance is an important factor/requirement by immigration dept? I am female and I have been friends with an Australian lady whom I have been living with for the past 4 and a half years. We do all things as partners do (travels, share bills, attend the same functions, have mutual friends etc). Do you think I am eligible to apply for a defacto-visa or not? I am currently on a temporary activity visa and my visa expires soon.
Pierre says
Hello Mr. Nandan,
My partner is currently sponsored through her company on a 408 visa, and I was included in her application.
As I work for a different organisation to her (she had previously been sponsored on a 457 visa, which allows partners/spouses to work), I was required to provide details of my current employment, which I assumed meant I could continue to work as the de facto partner of a 408 visa holder.
However, having searched the Government’s immigration website and various immigration forums, I cannot find any information categorically stating that I can still legally work in Australia as the partner of a 408 visa holder – what are the work conditions for partners of 408 visa holders?
Rebecca Zhang says
Hi Nilesh,
Thank you for sharing the information. It is very helpful.
Can I ask you a question re Statutory Declaration? Since I can’t speak much of English, the friends I’ve made in Aus don’t speak much too. Thus they cant help to sign the Stat Dec. Since my partner is Australian, can he find two people from his side to fill in the Stat Dec? ( I’ve only been in Aus around 2
Thank you very much in advance.
Mia
Samir says
Hi, I am on MRT ( AAT ) and from last 8 month me and my girlfriend leaving together on same address also she is separated but still not divorced she is waiting to finish 12month for divorce so can I apply for de Fecto visa before or after 12 month.
I will wait for your reply. Thanks
Pece Atanasovski says
Hi there Nilesh,
I’ve being in a relationship with my girlfriend whose an Australian for about 3 months and we’re thinking to move in together and register as a defacto visa. I am on student visa atm .My question is that 12 month period starts from the day we register our relationship or ? So I can apply for PR and how long will be the best to prove our relationship so I can get the PR visa ?
Thank you
myvisa says
You can apply now.
I recommend you book in chat with me.
myvisa.com.au/services
Regards
Nilesh
Ed says
My partner and I have lived together for over two years in my home in Australia. She has visited Australia 6 times since 5 March 2016. The last 4 visits were about 6 months each time. She has been refused a visitors visa this September 2019 because she has spent too much time in Australia and has no real income or property in the Philippines and therefore it was thought she may overstay, this in spite of going home ahead of time in each of her 6 trips here. We were going to apply for an on-shore visa 820 leading to 801 when she arrived, but as she has been knocked back, that is now not possible.
Two questions: 1. should she apply for a visitors visa again and limit it to only three months, and if successful apply for 820 while she is here; or
2. should she apply for 309 leading to 100 off shore, and then immediately apply for visitors visa so we can be together. I have a non curable blood cancer which is why she has spent to much time here. I did not share that detail with Immigration. Thanks
Ed
myvisa says
In brief terms:
1. the visitor visa is not the appropriate visa for any defacto partner.
2. you should not apply for a further visitor visa without first applying for an offshore de facto partner visa. (registration of your relationship is recommended but unlikely now if she is offshore).
3. an offshore 309 should be lodged with full disclosures.
Hope this helps.
Nilesh Nandan
Immigration Lawyer
https://myvisa.com.au/about/
Lindsay says
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?
myvisa says
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
Lindsay says
Yes Nilesh, thank you very much.
I just was a bit fearful as when filling form 47sp online, it flagged up an issue saying the de-facto relationship is not long enough to satisfy requirements for the partner visa and to give compelling circumstances as to why it should be allowed.
I mentioned in the comment box that we have registered our relationship, and also mentioned our commitment to each other. Many people on forums have been saying registering your relationship doesn’t even matter, so lots of confusing information online.
myvisa says
I would like to learn more about your issue – it it has not been resolved.
You can book in a chat with me if you need to discuss.
Regards
Nilesh Nandan
Baz says
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
myvisa says
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
Christian says
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?
myvisa says
No, why would she?
There may well be other disadvantages to marriage, but losing your nursing registration is unlikley to be one of them 🙂
Hayley Coen says
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!
myvisa says
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
Ben Hausmann-Prior says
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?
David says
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.
Junisha Rai says
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.
Raul says
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.
Clare says
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!
Sarah says
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
myvisa says
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
Justin says
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?
Josie says
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!
Sam says
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?
Mike says
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.
Idrees says
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?
Ani says
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?
Hermann says
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
sarah says
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
ana says
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
David says
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.
sam says
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
Charis says
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
Julia Miller says
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
Obaid says
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.
myvisa says
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
Lyn says
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
Raaman Mehrotra says
Thank you for your enquiry, please book a 10min chat with myvisa team https://myvisa.com.au/book/
Linh0220 says
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
Raaman Mehrotra says
Thank you for your enquiry, please book a 10min chat with myvisa team https://myvisa.com.au/book/
Mal says
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
Raaman Mehrotra says
Thank you for your enquiry, please book a 10min chat with myvisa team https://myvisa.com.au/book/
S.K says
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
flora may says
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
Aditi says
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.
Aditi says
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 ?
Angela says
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
Hansel says
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
Summer says
Hi I have a question. If sponsor is unemployee so can’t support financially, is it matter to apply defacto visa?
Trudie Ryalls says
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 🙂
romane says
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?
Rebrand says
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
Lili says
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?
Sonia Fuglicek says
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!
Kareena says
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.
Lincoln Fiske says
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
Virender says
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.
Jasmine says
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
Uma Dharan says
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?
myvisa says
Great questions Uma. Please book in for a consultation to discuss this properly.
Deborah says
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?
myvisa says
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.
Theo Bridgeman says
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
myvisa says
Please consider booking in for a consultation tailored to your circumstances. There is a lot here.
Wayde Bishop says
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!
myvisa says
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.
Tyno says
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.
myvisa says
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.
Beth says
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!
myvisa says
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.
Nancy Wightman says
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
myvisa says
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.
Bettie Taylor says
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.
myvisa says
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.
Aakruti says
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.
myvisa says
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.
nimish says
I have a quick question.
De facto visa if my partner is an international student?
myvisa says
I’m assuming your question is whether a temporary visa holder can sponsor you for a defacto partner visa. No!
Robyn says
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
myvisa says
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.
Caitlin Merritt says
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?
myvisa says
I see real issues here. Get some proper advice.
Mike says
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
myvisa says
please contact us if you require specific advice.
RISH says
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
myvisa says
please contact us if you require specific advice.
Andrea says
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!
myvisa says
please contact us if you require specific advice.
Jorgen Kofoed says
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?
myvisa says
please contact us if you require specific advice.
Christopher Bartkus says
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?
myvisa says
Pretty good given what you have told me!
Please contact me if you need specific advice.
Verona searles says
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
myvisa says
Tricky question.
Make sure you get this right.
You should be usually be included in the visa application at the time of application of any visa.
You should only be “added” on to an application if your relationship has sprouted after the application was made by the primary visa applicant.
Please contact me if you require specific advice.
David says
Can we pay they fee on payment plan as we don’t have 7000
myvisa says
Our fees yes. Immigration fees no.
Caryn says
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.
Raman Mehrotra says
Thank you for your enquiry, as this is a private matter please contact our office to discuss your options https://myvisa.com.au/contact/
Sammy says
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
myvisa says
Sammy
Yes – a defacto relationship certificate will assist in these circumstances ie. getting a dependent 457 visa.
Regards
Nilesh Nandan
Immigration Lawyer
MyVisa®
Maurizio says
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?
Raman Mehrotra says
Thank you for your enquiry, as the matter is private please contact us via our website https://myvisa.com.au/pricing/
Kelly Greene says
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.
Raman Mehrotra says
Thank you for your enquiry, to discuss this private matter it is best to book for a consultation face to face or via phone https://myvisa.com.au/book/
Anastasiia says
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
Raman Mehrotra says
Thank you for question and enquiry, this is a specific question which is best dealt with a phone or face to face consultation, please contact us via https://myvisa.com.au/book/
Lizzy says
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.
Raman Mehrotra says
Thank you for question, this is a specific question which is best dealt with a scheduled consultation, please contact us via https://myvisa.com.au/book/
Daniel says
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.
myvisa says
Yes it will assist!
Jackie says
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.
myvisa says
This is something I can help you with. Please book a consult when you are ready.
Oj says
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
Nilesh Nandan says
Yes you can.
Victoria Konnova says
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!
Nilesh Nandan says
No but it can help.
myvisa says
No it is not. But it can be useful.
Mac says
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?
Nilesh Nandan says
Yes and yes.
Davy says
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
Nilesh Nandan says
Have you considered registering your relationship? If not, you should.
hazel mattthews says
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.
Nilesh Nandan says
Have you registered your relationship?
Kamila says
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 ?
Nilesh Nandan says
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.
Adam says
Great website and sound advice.
Is it necessary to disclose a police caution on the application? They only mention convictions.
Nilesh Nandan says
No. Provided your weren’t charged or convicted. Read the question carefully.
CarolS says
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!
Nilesh Nandan says
It will be covered by the relationship certificate.
Mustafa says
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?
Nilesh Nandan says
If your protection visa is genuine, then it would be foolish to withdraw it, until after your another permanent visa is granted.
Jay says
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!
Nilesh Nandan says
An onshore application, if you can make one is always preferable to an offshore application. If he is in Australia, you should register your relationship as soon as you can.
Steph says
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?
Nilesh Nandan says
Yes if would help.
Ricky says
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
Nilesh Nandan says
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.
Aries says
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.
Nilesh Nandan says
Character issues can cause great difficulty with visa applications. Once you have a police report from the UAE, let’s have a chat.
JB says
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
Nilesh Nandan says
No short answer to this I’m afraid. Please book in a consult with me if you wish to discuss.
Balli says
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.
Nilesh Nandan says
Yes. Very possible.
Thanks for contacting me. To discuss this properly please use this link to book in a time convenient time. https://myvisa.com.au/pricing/
Regards
Nilesh Nandan
Special Counsel – Immigration
MyVisa Australia
A.g says
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
Nilesh Nandan says
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.
Richie says
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
anie says
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
🙁
M says
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
M Cile says
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
admin says
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
Frank Sullivan says
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
admin says
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
Caitlyn says
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 !!
admin says
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
Tashinga says
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
admin says
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
Sonya says
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
admin says
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
Tom says
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.
admin says
Yes, this may well be an option.
Sorry for the delay in responding.
Regards
Nilesh Nandan
Miss W says
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.
admin says
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
Emma F says
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?
admin says
Yes she can, but not onshore.
Sammie says
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!
admin says
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
natasha says
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
admin says
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
Mel says
Can you please tell me what are those criteria?
admin says
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
mel says
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
admin says
Mel
Yes!
You can apply now provided you meet relevant criteria.
Nilesh
flora says
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?
Matthieu says
Is it possible to get the Defacto partner visa(820) with a disclosable court outcomes (without conviction)Regards, thank you
admin says
Mathieu
Yes!
I do this often.
Best
Nilesh
Jasmine says
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?
myvisa says
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