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 Nilesh,
Hoping to get some advice from you. My partner and I have been in a relationship for nearly 2 years, living overseas. Visit each other bi-annually and don’t believe we would have issues proving legitimacy, however more concerned regarding meeting the criteria of defacto or sponsored defacto. Looking forward to your advice
Hi There,
My partner is currently on a graduate visa 485. It will expire in September. And we plan to have our Partner visa lodged Early June. We are married and have a baby on the way.
Do you think my partners visa status is going to hinder our application? or is it fine as long as his current visa is up to date and not expired?
Thanks
Looks pretty good to me – provided a valid application for a partner visa is made, meeting the relevant criteria, before the subclass 485 visa expires. It is not fatal if you didn’t do this before the expiry, but avoid the pain and stress and lodge early.
Best of luck.
Nilesh Nandan
Good Morning,
I have been in a de facto relationship for 2.5 years, having visited each others country (UK/Oz) and met family/friends. I’m about to start the process of applying however the one thing that worries me, makes me hesitant is the ’12 month living together’ rule, is this a showstopper?
Regards
Frank
Frank, sorry for delayed response.
No, it is not a show stopper.
While co-habitation is a nice to have thing, its is not essential, contrary to what most people thing.
Is a defacto partner Relationship Register available in your state?
Regards
Nilesh Nandan
My partner and I have been together over a year he has applied for a PR last year which is still to be accepted. We are getting nervous his working visa is up in November and our baby is due in September and our wedding is feb next year. We didn’t expect that the PR would take this long !
How long would it take to get a defacto visa I don’t want to lose my family !!
I’m not sure if you should be worried at all.
I assume you are both onshore and he has a bridging visa allowing for work. Right?
How long does a defacto partner visa take to get approved after an onshore lodgment? — These things take 12 months, give or take 4 months at the present time, but yes, it could be longer.
Hope this helps!
Nilesh Nandan
I’m in a relationship and i hold a student visa and I was sponsored by a relative to come here.
My girlfriend is in Africa , so can I apply for a de facto without involving a person who sponsored me.
We have known each other since 2005 at high school
Thanx
Tashinga
To sponsor someone for a partner visa, you’ll need to be an Australian citizen or permanent resident.
If you hold a student visa, then you may be able to get a “student dependent” visa for your partner, but you’ll need to come clean with your current “sponsor”.
Hope this helps!
Nilesh Nandan
Hi there
Hi had applied for defacto visa 16 months ago and my file just opened recently. During lodgement i didnt have enough evidence of us living together because we had different address. We were living together either on his place or mine. I couldn’t give them enough evidence of 5 months. I have provided them with written explanation about this in email. Will this affect decision of my visa?
Thank you
Yes, this is likely to lead to a refusal of your partner visa, unless you can convince the case officer that you were in fact in a defacto relationship for 12 months prior to lodging the defacto partner visa application (or had registered your defacto relationship prior to partner visa lodgment).
Hope this helps!
Nilesh Nandan
I’m an Australian Resident and my partner and I have been together for 2+ years, she can no longer afford her schooling and therefore her student visa will be cancelled (I think) and I was wondering if I can apply for a de facto visa while she’s still in the country to avoid the whole mess of leaving for a long period of time.
Yes, this may well be an option.
Sorry for the delay in responding.
Regards
Nilesh Nandan