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
Hi,
Great article & great advice.
B/G: I am Aus citizen & my partner is Brazilian. We met in Jan ’17 while he was here on a student visa and began dating, he moved in to my owner occupied home 23/2/17 (I consider this start of our de facto relationship). In April we rented a beach house together and lived there together for until our lease expired in Dec ’17 and we moved back to my owner occupied house. In January ’18 we left on a 6 month holiday together through Central & South America, finishing with 2 months in Brazil so I could meet his family and friends. In March ’18 we lodged our offshore (309/100) partner visa application. I had to return to Aus in July to go back to work and my partner has stayed in Brazil while the application processes. Two questions:
1. Just wondering whether his speeding fines in Aus will affect our application?
2. whether I can register our relationship here in QLD when he is now back in Brazil?
Thanks in advance
Angela
hi hello, just one question for you but I need explain first, I applied de facto visa, I got refused, I already appeal and still got refused on ATT, so now I wanna appeal again but need go to federal court right, so the question is are u eligible on this area to assist me for lodge all my document to appeal on federal court? thank you
Hi I have a question. If sponsor is unemployee so can’t support financially, is it matter to apply defacto visa?
Hi there,
This is a great post. Thanks alot for sharing this information.
I am from Uk.
I met my Australian boyfriend whilst travelling in Sept 2016. He joined me on my trip briefly and we decided to make it work long distance. During our time apart we both visited eachothers home countries for 2+ weeks each, where we met each others family and friends. We were in constant contact when apart.
In Sept 2017 I moved into his parents home with him (we are currently looking for a house which we plan to rent once the 820 visa app is submitted). Our relationship is registered. We will be applying for the visa late August 2018.
So – 12> months long distance with visits and constant contact. 12> months living together in his family home. Registered relationship. Joint bank account. Travelled together. Joint friends and invitiations etc
With evidence of the above – is this a solid application?
Thank you
Trudie 🙂
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?
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
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?