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,
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
Good afternoon,
I am currently on a student visa and I still have to do more than half of my payment.
I’ve been with my partner for a year now but we haven’t lived together, that’s why I decided to get a student visa before we get to the year and then we could apply for the de facto visa.
I’ve just read that if you register your relationship you can apply for the de facto visa before having lived 12 months together and then while the application is processing (the 26 months of waiting list) submit the document, am I right?
If that’s the case and I apply for the de facto visa in a couple of months, does that mean that my student visa gets cancelled and I don’t have to pay for the rest of the course?
Thank you so much for your help,
Ana
Hi,
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.
Hi, I have a question.
Can a de facto visa be used for both the UK and Australia? For example, if my partner and I apply for a de facto visa for him to stay in the UK, can that then be used for me to move to Australia with him, or would we then have to apply for another de facto visa for Aus?
Thanks
Hi Nilesh,
My partner and I wanted to apply for the 801/820 VISA after filling the initial online application, is it correct that only he (the applicant) needs to complete a statement about our relationship covering development, finances, social etc). I thought as a sponsor I would need to submit a similar statement at the same time but the department of home affairs website only says the sponsor needs to prove their Australian citizenship for the first part (820 temp visa).
Kindest,
Charis
Hi There,
My name is Julia, I’m a NZ citizen on a special category visa. I have lived in Australia for 6 years.
My partner is Japanese, we have been together 9 months (we met in march, and registered our relationship in june). I spent 3 weeks in japan with his family in november, and he will be meeting my family in NZ in january.
My partner moved to Australia on a 1 year working holiday visa. He went back to japan in September, and will be returning in January (either on an ETA visa or a student visa as he didn’t do his farm work) while we prepare to lodge an application for a 461 family relationship visa. He has enrolled to study English for 3 months in Melbourne.
We lived together for 3 months before he had to go back to japan, however our only proof is the word of our housemate. When he comes back in January, he will be living with me and will be on the lease for 3 months before submitting our application. We currently share a bank account but don’t really use it much as he is overseas.
When our application is sent, we will also need to apply for working rights on his bridging visa immediately on the grounds of financial hardship.
Could you please tell me if you think this is the right way to go about applying! should we get the ETA visa or a student visa? should i employ an immigration agent to be granted financial hardship for the bridging visa?
Much appreciated,
Julia
Hi,
I have a query regarding a 485 defacto application,
The primary applicants visa expires in 2019 where as the partner’s visa expires in december 2018. If the visa is lodged in december, when would the partner’s bridging visa activate.
A bridging visa will be usually be granted immediately after the valid onshore visa application is made and fine into effect as at the time of the visa expiry. You should get advice about whether the visa applied for will meet thev relevant criteria. Be sure not to confuse partner defaco visa applications which are for permanent visas with dependant temporary 485 visas for defacto partners.
You can book a time to discuss with me at https://MyVisa.com.au/book
Regards
Nilesh Nandan