The Comprehensive Guide to the De Facto Visa for Australia: Navigating Your Path to Residency
Applying for a de facto partner visa in Australia allows non-citizen partners of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia. This visa is a pathway to permanent residency and is available to both same-sex and opposite-sex couples.
Understanding De Facto Relationships in Australia
In Australia, a de facto relationship is defined as a relationship between two people (of the same or different sex) who are not married but live together on a genuine domestic basis. To be eligible for a de facto partner visa, you must have been in a de facto relationship for at least 12 months immediately before applying. This requirement can be waived if you have registered your relationship under a prescribed Australian state or territory law.
Types of Partner Visas
Australia offers two primary partner visas:
- Subclass 820 (Temporary) and Subclass 801 (Permanent):
- Subclass 820: This temporary visa allows you to live in Australia while your permanent visa application is processed.
- Subclass 801: This permanent visa is granted after holding the Subclass 820 visa for at least two years.
- Subclass 309 (Provisional) and Subclass 100 (Migrant):
- Subclass 309: This temporary visa allows you to live in Australia while your permanent visa application is processed.
- Subclass 100: This permanent visa is granted after holding the Subclass 309 visa for at least two years.
Eligibility Criteria
To be eligible for a de facto partner visa, you must:
- Be in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Have been in the relationship for at least 12 months immediately before applying, unless you have a child together or have registered your relationship.
- Be at least 18 years old.
- Meet health and character requirements.
Application Process
- Gather Required Documents:
- Proof of your de facto relationship (e.g., joint bank statements, lease agreements, photos together).
- Identification documents (e.g., passports, birth certificates).
- Health and character documents (e.g., police certificates, health examinations).
- Submit Application:
- Applications can be lodged online through the ImmiAccount portal.
- Await Processing:
- Processing times vary. For example, the Subclass 820 visa has a processing time of 10 to 16 months, depending on individual circumstances. https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times
- Receive Visa Decision:
- If approved, you will be granted the temporary Subclass 820 visa, allowing you to live in Australia.
- After two years, you can apply for the permanent Subclass 801 visa.
Processing Times
- 50% of applications: 10 months
- 90% of applications: 16 months
Processing times for partner visas can vary. For instance, the Subclass 820 visa has the following processing times:
These times are indicative and can change based on individual circumstances and the completeness of your application.
Common Questions
- Can tourists get married in Australia?
- Yes, tourists can marry in Australia. However, if you have certain visa conditions, such as Condition 8503, it could impact your onshore partner visa application.
- Can you apply for a partner visa without marriage?
- Yes, you can apply for a de facto partner visa without being married, provided you meet the de facto relationship criteria.
- How long does a partner visa take in Australia?
- Processing times vary. For example, the Subclass 820 visa has a processing time of 10 to 16 months, depending on individual circumstances.
- Can I bring my partner to Australia?
- Yes, you can sponsor your partner for a de facto partner visa, provided you meet the eligibility criteria.
- How does the partner visa work in Australia?
- The partner visa allows your partner to live in Australia. It is a two-step process: first, obtaining a temporary visa (Subclass 820), followed by a permanent visa (Subclass 801) after two years.
Conclusion
Applying for a de facto partner visa in Australia involves meeting specific eligibility criteria, gathering necessary documentation, and understanding the application process. Given the complexities and potential processing times, it’s advisable to consult with a registered migration agent or legal professional to guide you through the process.
For more information, contact us for guidance specific to your case.
523 Responses
Can I apply for the Defacto partner visa without being “registered” Defacto? We met in 2013 (have known each other 3+ years), started a committed relationship in 2015 (been together over 1 year), and lived together for 11 months in Victoria, Australia. Are we able to apply for the partner visa with all of this evidence? By the time they view our application, we will have lived together over 1 year in Victoria, but I would just like to hear a professional opinion on this matter. I am not able to register for a de facto relationship without meeting the 12 month requirement, so this is why I am uncertain of if I am able to apply for the Defacto partner visa. Thank you for your time.
You don’t usually need 12 months to register a defacto relationship.
Check with the Office of Births Deaths and Marriages.
You don’t necessarily need to have lived together for 12 months prior to lodgement “in Victoria”.
You can be in a defacto relationship for part of that 12 month period while domiciled in another state or another country for that matter.
Hope this helps!
Nilesh Nandan
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?
Yes she can, but not onshore.
Hi I am a permanent resident of Australia, my partner is from the uk and is over here on a working holiday 2nd year visa.
We have been engaged since 2014 (we have know each other years from uk)
and he came to Australia hoping to get sponcership.
Unfortunately he hasn’t had much luck finding work in Qld (where I’m living) so is currently in Sydney desparatly trying to get something there.
We were planning on marrying next year but the question is if we moved the wedding sooner (before his 2nd year visa ends in September 2016) would we be able to apply for a defacto?
The resin I’m asking this also is because when I was sponcered in 2012 my ex husband got residency through me. It’s been 4 years since and 2years divorced.
Thanks sorry essay!
I’ve got two questions:
How long have you been in a defacto relationship with your current partner?
What visa class did you apply for to get residency? ENS or RSMS?
Regards
Nilesh Nandan
hi I have a student visa ,I’m in relationship with my boyfriend since 2 years. Can my boyfriend apply for the Defacto visa?
thanks
I assume that you partner is an Australian citizenship or permanent resident.
If you are in a genuine defacto relationship with him, then you should get advice about your options.
You may be eligible for a defacto partner visa sponsored by your defacto partner.
Nilesh Nandan
Immigration Lawyer | Migration Agent
Founder | MyVisa® Australia
Can you please tell me what are those criteria?
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
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
Mel
Yes!
You can apply now provided you meet relevant criteria.
Nilesh
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?
Is it possible to get the Defacto partner visa(820) with a disclosable court outcomes (without conviction)Regards, thank you
Mathieu
Yes!
I do this often.
Best
Nilesh
Hi,
I have a question, I’m holding a student visa and I’ve been in the relationships with my partner who are Australian citizen for over 1 year but we didn’t live together in the same house and didn’t have any documents together and now we want to apply for de facto visa. The problem is my student visa is going to expire on April next year. Can we apply now and how long for the de factor going to approve?
You should consider registering your relationship. This will help a great way towards over-coming the strict evidence requirement of the 12 month rule for defacto partner. It will mean less evidence and you have enough time if you act now to get this sorted so you could lodge a do partner visa with confidence before your visa expires in April.
You can get a quote for us to assist you using this link.
https://MyVisa.com.au/book
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Regard
Nilesh Nandan
Immigration Lawyer