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, I got my 461 visa. I don’t know when I applied for 461 visa that my partner is Australian citizen she hold a kiwi passport but immigration said she is Australian citizen can I apply for 820 visa thanks Ricky
If your partner is an Australian citizen and you are in a defacto relationship with her and you are onshore, then there may be a opportunity to apply for a subclass 820 Provisional Partner visa. Please book in a consult me – call 1300558472.
Hi Mr. Nandan,
I hope you can give me an advice on this matter… I am currently on tourist visa under the sponsorship of my partner and we’ve been together for 6 months now. We are planning to register our relationship so we can apply for a de facto visa soon. My concern is, I have an unsettled debt in UAE and I was advised by a friend of mine that there is already a case filed against my name in UAE. Will this affect our application? Can we do something about it if ever I cannot get a police clearance from UAE? Thanks a lot.
Character issues can cause great difficulty with visa applications. Once you have a police report from the UAE, let’s have a chat.
Hi Nilesh,
My partner & I have been together 18 months. I am an Australian citizen and he is English. He visits me every 2-3 months, and stays for a month at a time. We have not been technically living together for 12 months, but he lives with me when he visits. We have a lot of evidence of our situation.
We don’t want to spend $7000 if there is a strong chance of rejection. What are your thoughts?
Thank you, JB
No short answer to this I’m afraid. Please book in a consult with me if you wish to discuss.
Hi there,
I m currently on temporary visa for partner visa, but our relationship broke down. So is there any chance get permanent visa or I have to go back..? We have a child together as well.
Yes. Very possible.
Thanks for contacting me. To discuss this properly please use this link to book in a time convenient time. https://myvisa.com.au/pricing/
Regards
Nilesh Nandan
Special Counsel – Immigration
MyVisa Australia
Hi there, im australian and a few years ago i was in a ligimate relationship with an ex partner. We applied for the partner visa and it was approved. Due to him cheating we are no longer together. Now im in a situation were i would like to apply for a partner visa with my current partner. With no fault of my own im scared that the application will get refused because i have already applied for the partner visa once before. Will they refuse my application..any advise? Thanks
You must wait 5 years before you can be granted another visa is you are sponsored or sponsor someone for a a partner visa, unless there are exceptional circumstances.
Hi good day .
Can we possible to apply a de facto visa. I’m Australian and recidence here .My fiancé and she been grant tourist visa last 2014 good for 6 Mos . Then we apply again last year for tourist visa . And she got the multiple visa good for one year . she stay with me and were living together Is there’s a chance that we can apply a de facto visa since we live in already for almost one year. Before her visa expired ?
Thank you
Richie
hi
i m in a big mess ryt now.
m married not divorced but leave separate from last 2 years and m in relation with australin citizen for last one and half year, and he is also separated but not divorced but in process and living with me from last 14 months as we have too many genuine documents that says we r real couple as we are, but the thing is since m on student visa and i didnot goto uni and i hot email from immigration which says they have intensions to cancel my visa .
now my partner wants to lodge a de facto relation to keep me here what should i do so messed up that went to depression again .
do u have any solution for me
🙁