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, 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
Thank you for your enquiry, please book a 10min chat with myvisa team https://myvisa.com.au/book/
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
Thank you for your enquiry, please book a 10min chat with myvisa team https://myvisa.com.au/book/
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
Thank you for your enquiry, please book a 10min chat with myvisa team https://myvisa.com.au/book/
Hi I’d like to ask something.
Can apply de fecto visa without divorce paper?
Already separated and pay for kid just not sign paper
hi my de facto partner has been charged a child sex offender he was sentenced 12 mnths but went to jail 6-8 months but that time when he was sent to jail i was living on my own working to support myself as he wasnt there to gide me and supported me etc it was a hard time for me being on my own and no family support. but when he got his parole he come back and live with me but i was scared of him if he will reoffend again and im scared living wth him as he get angry sometimes and throw stuff and break things but i didnt call a police as i am sacred if ill call the police he will sent bck to jail… we are now separated but i havent told the immgration regarding our relationship break down i need to seek an advice please i need your help… if i he will admit everything can i use the statement for a family voilence or not
Hi,
I just wanted a second opinion regarding mentioning details about my non-migrating defacto partner while lodging 189 subclass visa application. As per my understanding, we will have to provide evidence of our relationship even though my defacto partner is not migrating with me and is listed under the non-migrating family unit category of the application. Incase, the case officer is not convinced about our genuine relationship due to some reason, then will it have any affect on the primary applicant’s visa grant? Will it be refused ?
Many Thanks.
Hi,
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 ?