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, 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?
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!
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?
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.
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?
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?
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