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De Facto Partner Visa Australia – The Definitive Guide by Nilesh Nandan

immigration lawyer

Introduction: Why This Guide Exists

After decades of helping thousands of couples apply for partner visas — across every relationship type, background, and visa complication — I’ve learned one hard truth: most people don’t fully understand what they’re walking into. And that’s not their fault. The process is complex, the stakes are high, and the rules aren’t always clear. But getting it wrong can cost more than just time and money. It can cost your future together.

This guide is for couples who are trying to stay together in Australia through the de facto partner visa process. Whether you’re same-sex or opposite-sex, married or unmarried, living together or long distance — this is your roadmap. It’s written in plain English and built on more than 25 years of experience advising on real cases, in real-life situations.

We’ll cover the key questions you probably already have — and more importantly, I’ll answer the ones you didn’t even know to ask.

I want this to be the most accurate, up-to-date, and useful guide available. So if you come across anything in this article that needs clarification or updating, please reach out. It won’t just help me — it will help our whole community of applicants, lawyers, agents and partners working toward better immigration outcomes.

Because when we get the information right, we give people their future back.

 

Section 1: Understanding the Partner Visa Framework

The Australian partner visa program is designed to keep couples together where one person is an Australian citizen, permanent resident, or eligible New Zealand citizen, and the other is not.

There are two main processing pathways:

A. Onshore Partner Visa – Subclass 820/801

This is for couples who are both in Australia.

  • You apply while you’re in Australia
  • You usually get a Bridging Visa while your application is processed
  • After two years, you may be eligible for permanent residency via subclass 801

 

B. Offshore Partner Visa – Subclass 309/100

This is for couples applying from outside Australia.

  • The applicant must be outside Australia at the time of application
  • They receive subclass 309 (temporary) first
  • After two years, you may be eligible for permanent residency via subclass 100 (permanent)

Both streams involve a two-stage process, and both require a significant amount of evidence, time, and patience.

 

Section 2: What “De Facto” Really Means in Australian Migration Law

The word “de facto” gets thrown around a lot, but in immigration law, it has a specific meaning — and simply living together isn’t enough.

You’re in a de facto relationship if:

  • You are not married to each other
  • You are not related by family
  • You live together (or have lived together) on a genuine domestic basis
  • You are in a mutual commitment to a shared life, to the exclusion of all others

Many couples assume sharing a house equals de facto. Not necessarily. If you’re just flatmates, or there’s no financial or emotional interdependence, you won’t qualify.

On the other hand, some couples who don’t live together full-time — due to FIFO work, military service, or other reasons — may still meet the definition if they can show a shared life in other ways.

The relationship must also be genuine and continuing at the time of application. This is critical. If you’re separated at the time of lodgement, or if the relationship isn’t real (on paper or in life), your application is likely to fail — and no amount of appeal strategy can undo that.

 

Section 3: The 12-Month Rule and Relationship Registration Workaround

To apply as a de facto partner, you usually need to show that:

  • You’ve lived together for at least 12 months, and
  • That cohabitation occurred immediately before lodging your application.

But there’s a workaround — and it’s a very strategic one.

If you register your relationship with an Australian state or territory that has a formal relationship register, you can skip the 12-month cohabitation requirement.

This is especially useful for:

  • Long-distance couples
  • Couples who’ve only recently moved in together
  • Couples whose living situation makes cohabitation impractical

 

Section 4: Where Can You Register Your Relationship?

Here’s how the states and territories stack up:

✅ Relationship Registration Available:

  • New South Wales
  • Victoria
  • Queensland
  • South Australia
  • Tasmania
  • Australian Capital Territory

These states allow both same-sex and opposite-sex couples to register a relationship, even if they haven’t lived together for a full 12 months.

Registration usually takes 28 days (after a cooling-off period) and requires proof of identity and residence in that state.

 

❌ Registration Not Available:

  • Western Australia
  • Northern Territory

If you live in WA or NT and don’t have 12 months of cohabitation, you may be forced to wait — or move interstate temporarily.

 

Section 5: Same-Sex Couples and the Impact of Marriage

Since December 2017, same-sex marriage has been legal in Australia. That means same-sex couples who are married enjoy the same rights as opposite-sex couples when applying for a partner visa.

If you are married, you do not need to prove 12 months of cohabitation. The marriage itself satisfies the relationship requirement — but only if it’s recognised under Australian law.

If you were married overseas, and the country where you married also recognises same-sex marriage, then your marriage is likely to be recognised here.

However, you still need to prove that your relationship is genuine and continuing — marriage is not a shortcut. The Department will still assess the financial, social, household, and commitment aspects of your relationship.

 

Section 6: Can You Apply Onshore?

Yes — but only if your current visa doesn’t have restrictions.

The onshore partner visa (820/801) is available only if:

  • You are physically in Australia
  • You hold a visa that allows you to make a further application
  • Your visa does not have Condition 8503 – No Further Stay

Many visitors arrive on a subclass 600 tourist visa. Some of those visas come with 8503, which prevents you from lodging another substantive visa while in Australia.

If that’s you, your options are limited:

  • You can apply for a waiver of 8503 — but it’s not guaranteed
  • Or you’ll have to leave Australia and apply from offshore (309/100)

 

Section 7: What Happens After Lodging Onshore?

Once you lodge a valid onshore application:

  • You’ll receive a Bridging Visa A (BVA)
  • That visa activates when your current visa expires
  • You’ll be able to stay lawfully in Australia
  • You’ll usually be granted full work rights
  • You’ll be eligible for Medicare

A key point: work rights only start when the bridging visa becomes active — not while you’re still on a visitor visa. If your visitor visa lasts three months, you may have to wait that long before you can work.

If you need to travel overseas while waiting for your application to be processed, you must apply for a Bridging Visa B (BVB) before leaving — or you risk not being able to return.

 

Section 8: What the Department Wants to See — And What They Don’t

The Department of Home Affairs doesn’t care about how much you love each other. It cares about how well you can prove you live like a couple.

Your application will be assessed across four broad categories:

1. Financial Aspects

You need to show financial interdependence. This might include:

  • A joint bank account that you both actually use
  • Shared rent or mortgage payments
  • Joint bills
  • Car loans, insurance, or other liabilities in both names

A “sleeping” joint account with no real activity won’t help. They want to see real financial blending.

2. Household Aspects

The question here is: are you living together as a couple or just sharing a space?

  • Mail going to the same address
  • Joint household responsibilities (cleaning, cooking, planning)
  • Lease agreements, tenancy contracts

Declarations from others (via Form 888) are useful, but your own statements — well-written and detailed — often make or break the application.

3. Social Aspects

Do your friends and family know you’re together?

  • Photos at social events
  • Wedding invites (as a couple)
  • Holidays or trips
  • Statements from people close to you

Be careful with social media — too much can look performative, too little can raise eyebrows. Be real.

4. Nature of the Commitment

This is the most subjective part, but the most powerful when done well.

  • Your plans for the future
  • How you support each other emotionally and practically
  • Whether you’re listed as beneficiaries on insurance or wills

 

Section 9: My Embedded Evidence Checklist

Here’s what I recommend you gather:

– Joint bank statements with active use
– Shared lease or mortgage documents
– Utility bills and shared service contracts
– Screenshots of meaningful messages or call logs (especially early in the relationship)
– Social media screenshots (if relevant, not spammed)
– Photos — mix of everyday life and special events
– Travel history — flight tickets, hotel bookings, itineraries
– Statutory declarations from both partners
– At least two Form 888s from friends or family
– A relationship certificate (if registered)
– Future plans — housing, children, financial goals

Don’t overwhelm the case officer. Choose quality over quantity. Curate your evidence like a story — beginning, middle, and continuing.

 

Section 10: What If You Separate?

If your relationship ends before your partner visa is granted — whether temporary or permanent — your application is likely to be refused.

If you’ve already been granted a temporary partner visa, you may still be eligible for a permanent visa in certain situations:

  • You and your partner have children together
  • You’ve experienced family violence during the relationship

These are serious cases that require detailed legal support. You must act quickly and carefully.

 

Section 11: What If Your Application Is Refused?

You will usually have access to merits review through the Administrative Review Tribunal (ART).

Key facts:

  • The ART fee is currently around $3,496
  • You must lodge the appeal within a strict deadline
  • A successful appeal will set aside the refusal and send it back to the Department

But — and this is critical — no appeal will fix a defective application lodged with the wrong relationship status.

This brings me to one of the most important principles in Australian migration law:

 

Section 12: The Time Machine Rule (And Why It Matters)

If you’re not in a genuine relationship at the time of application, no amount of time that passes later can save you.

Let me say that again: you can’t backdate a relationship.

You cannot become a de facto couple after applying and hope to patch it up during review. The Tribunal will assess whether you met the legal requirements on the day you lodged the visa. If you didn’t — the case is over.

I call this the Time Machine Rule, because I’ve seen so many people wish they could go back and “fix” the facts. But there is no Time Machine. The law is locked to the moment of application.

Even the best immigration lawyer in the world can’t overcome a fatal defect like that.

 

Section 13: Prospective Marriage Visa vs Partner Visa

Let’s clear this up.

The Prospective Marriage Visa (subclass 300) is for people who are:

  • Engaged to be married
  • Not yet living in a de facto relationship
  • Intend to marry within 9 months of arriving in Australia

This visa is not a workaround for people who don’t qualify for a partner visa.

If the Department assesses that you’re already living together as a de facto couple, they’ll expect you to apply under the 309/100 or 820/801 pathways. Applying for a PMV in that case can backfire.

I’ve seen couples tripped up by this — thinking they can delay the heavy evidence by applying for a PMV, when really, they’re already de facto in the eyes of immigration law.

 

Section 14: Application Fees and Strategic Costs

The Department of Home Affairs charges $9,095 to lodge most partner visa applications. This is payable in full at the time of application.

That fee doesn’t include:

  • Medical examinations
  • National Police Checks
  • Certified translations
  • Legal advice
  • Additional child dependants

It’s one of the most expensive visas in the system — which is why strategy matters so much. A poorly prepared application costs just as much as a perfect one… until it gets refused.

 

Section 15: Permanent Residency and the 5-Year Travel Trap

Getting your permanent partner visa — subclass 801 or 100 — is a major milestone. But don’t let the word “permanent” fool you.

Your permanent visa comes with a five-year travel facility.

That means you can leave and return to Australia freely for five years from the date your PR is granted. But after that five years?

You must apply for a Resident Return Visa (RRV) to travel again.

If you’re overseas when your travel rights expire, you won’t be able to return unless your RRV is granted while you’re still overseas. This has stranded many permanent residents who assumed they could come and go as they pleased.

Plan for this:

  • Track your permanent visa grant date
  • Set a reminder before five years is up
  • If you haven’t applied for citizenship, apply for an RRV before travelling

 

Section 16: Final Thoughts — Why People Trust Me

This process is personal. It’s not just about law or documents — it’s about lives, families, futures.

I’ve been helping couples with partner visas since the 1990s. I’ve seen every version of this system, and I know what works and what doesn’t.

What makes my process different? I tell you the truth. I flag the risks. I help you structure your evidence. And I care deeply about your outcome — because I’ve walked beside people just like you through every step of this journey.

 

Section 17: Ready to Apply?

If you’ve made it this far, you’re serious — and I’d love to help.

You can:

I’ll review your case. I’ll build your strongest possible application. And I’ll do it properly — because your relationship deserves nothing less.

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Nilesh Nandan

Nilesh Nandan is Australia's most sought after immigration lawyer for visa refusals and visa cancellations. Appeal your visa or get help to relodge your Australian visa application or citizenship application.

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523 Responses

  1. Hi Nilesh!

    Thanks for taking the time to reply to everyone’s questions. I am currently in Melbourne on a 408 temporary activity visa which is valid until August 2023. I have however found out that my contract will be terminated in January 2022, meaning my visa will be cancelled. I would like to apply for an 820 visa with my long term Australian partner in order to remain here with her.

    If I lodge an 820 visa now and get granted a Bridging Visa A, what will happen when my current 408 visa is cancelled in January when I lose my job? Will I be able to transfer onto the pending bridging visa A or will I become unlawful when my 408 is terminated? Thanks!

  2. Hi Nilesh,

    Thank you for such a thorough guide, incredibly helpful.

    My partner, who is British, has been living and working in Australia on a 408 visa for the past 3 years. He’s just had his visa renewed, expiring in August 2023 but we’ve just found out his contract with his work will now end in January.

    We’re wanting to apply for a partner visa (and meet all the requirements) but don’t know what this means for the Bridging Visa A. The immi website says the bridging visa will be issued when his visa expires, but his visa won’t expire, his 408 visa will be effectively cancelled. If we were to apply for the partner visa now, when his visa is cancelled in January when he loses his job will the start date of the bridging visa be brought forward from the original expiry date of August 2023 to January 2022?

    Alternatively, when he loses his job and his visa is cancelled, could he legally remain in the country and we apply for the partner visa then? If so, would he be issued a bridging visa even though he will no longer hold a current visa?

    Thank you, any guidance on this is much appreciated!

    1. I would apply for two separate visas.

      Firstly I would apply for a fresh 408 which has an expiry coinciding with the termination date of employment.

      It may take several months for this visa to be granted but it will expire at the appropriate time.

      It is important to shorten the time because you really do not want to have any visa cancelled if you can avoid this at all.

      Cancellation has very severe consequences from a legal perspective relative to simple exploration of a visa. Additionally you don’t want to have to explain to foreign immigration agencies that you have previously been granted a visa which was cancelled as it could deny you from automatic visa grants otherwise available for entry to those other countries.

      Secondly I would make application for a partner visa based on your de facto relationship.

      The grant of the first visa application I’ve proposed will extinguish the existing 408 visa.

      Image it Lee after lodgment of a subclass 820 Visa you will be granted a bridging visa A class. This a class visa will sit like an angel on your shoulder until such time as your 408 visa expires in January of 2022. It will come into play as it midnight on the day your new 408 will expire and your partner’s employment terminates.

      You will then hold a bridging visa A class typically with full work quotes until such time as the subclass 820 is granted to you.

      I trust this answers all of your questions.

      In the interest of a speedy response I use voice to text software. Please excuse any typ. errors.

      Help me answer more questions like this: https://www.facebook.com/myvisa/reviews

      Regards
      Nilesh Nandan
      Immigration Lawyer
      MyVisa® Lawyers
      Australia’s #1 Immigration Law Advisory

  3. Hi, my girlfriend had recently submitted her 190 VIC state sponsorship EOI as a registered nurse (90points) which I think will have a great chance of being nominated.

    However, my questions are: should she include me in the application as a de-facto partner (will drop to 85points) but it is quite competitive now for registered nurse with priority over the ones with highest points or should I wait until she gains her permanent residency/citizenship and then sponsor me?

    I understand that this might create suspicions and DPHA might retract her PR, which brings me to my another questions, how likely is this to happen if she sponsor me not long after her PR? Have this happen before?

    Anyway, therefore, we are planning to wait for a little while after her PR since I still have long years ahead with my masters by research student visa with offer to do PhD in the future. We had been living together (renting) for a year now but we do not have any share bills nor joint bank account and we never post our relationship/photos on social media.

    We are just in a dilemma and seeking advice for the best option. Thank you.

    1. The best advice here is to be truthful. You are either in a defacto relationship with your partner or you are not.

      Make a decision about which it is then go forward with that.

      If you wish to get specific advice in relation to the intricacies of de facto partner visa law as it applies to your own circumstances then please book in a consultation with me.

      Use this link to book your consultation with me: https://myvisa.com.au/10-Minute-Chat/

  4. Hi Nilesh,
    thanks so much for the info provided. I am German and currently on a 482 work visa which expires in 14 months. My partner is Australian and we have been together for 15 months now, but no de facto certificate. If we apply now for 820 and stay in Australia past the next 14months (and if my work visa wont be extended), will the bridging visa allow me to work or study in AUS, travel overseas? We also play with the idea of potentially moving to NZ, either next year or year after. How would this affect the partner visa application as on the IMMI website they say: “you have to be in the country when the partner visa is granted”? Would the application be paused if we move overseas, or would it officially start once we move back again and it has been granted in meantime?
    Thank you so much!

  5. I live in Australia I’m married but not Together for 12 years I have a girlfriend in the Philippines and I have being supporting For over 2 years we are in a committed relationship But she’s also married but separated is there anyway I can get her to Australia to live with me

    1. The issue is whether or not you are in any defacto relationship and suggested that she is simply your girlfriend does not suggest that it is already a defacto relationship.

      Unfortunately you’re not able to register a defacto relationship until such time as a divorce has been finalised.

      It is not necessary to live together in order to be in a defacto relationship however it does certainly make your case a little bit harder to get approved.

      Please contact me if you wish to discuss more specifically aspects of your case.

      Use this link to book your consultation with me: https://myvisa.com.au/10-Minute-Chat/

      Please allow me to help others by giving an honest review of this response.

      https://www.facebook.com/myvisa/reviews

  6. Hi Nilesh,

    I was reading your guide for unmarried couples and thought I would contact you directly. Thank you for providing such a detailed resource! It is very insightful.

    I am an Australian citizen wanting to bring my partner from the UK over the pond.
    I think it’s best you have the details upfront, so our relationship situation is like this:
    We met in Florence, Italy in the second half of 2018, while we were both studying overseas. We started out as roommates and things progressed from there. We lived together for 6 months in total, however due to the nature of the household we did not share any bills.
    At the 6 month mark her study period in Italy was over, and we decided to stay together while she returned to the UK and I stayed in Italy to finish my studies.
    Mid 2019 I fly to the UK during summer and stay there for a month. We go about the country together, travel, and I get to meet meet her parents and a bunch of her friends.
    A couple of months after that I fly to the UK again for a few days for her birthday.
    And at the end of 2019 we decide go to celebrate New year’s together in Prague and spend about 2 weeks there.
    That is the gist of the time we spent together.

    Then covid hits. Due to the constant lockdowns and Italy becoming an increasingly growing red zone I decided to fly home to Australia before finishing my studies. Since January 2020 I haven’t seen my partner for 18 months.

    Despite the time and distance apart we stayed together, stayed strong, and continued to message each other every day. We may not have the financial proofs of relationship, but there are almost 3 years of daily Facebook messages between us hahah

    Also before covid hit, we were planning on going to live and work on the Cayman Islands after my studies were due to be finished in June 2020. We have conversations detailing this and proof she had found a job there already and I have emails with other potential employers.

    Also as further action to try and be together I attempted to go to the UK multiple times, but my exemption to leave was denied each time unfortunately. I’ve got a bunch of stuff to show that was prepared for that, like a tenancy agreement that was signed by my partner, myself and the landlord, a flight itinerary, job prospects in the UK, enrolment for study, organised an exhibition for my art etc.

    So yeah…We only lived together for 6 months and we don’t have any “substantial” evidence like shared bank accounts, shared bills or expenses etc. Does that matter? What we have is 6 months of living together, and almost 3 years being the total duration of the relationship so far, photos of us when we were together, flight tickets to see each other, purchases and presents for each other, a huge amount of interaction via online messaging, statements from friends and family, proof there was intent to live together in Cayman and in the UK but due to Covid we have been unable to do so.
    Considering all this, what are our chances of reuniting in Australia?

    I thank you for you time and look forward to hearing from you.

  7. Hi Nilesh,

    My visa 461 is currently being processed as I had been in a de facto relationship. Unfortuantely we are expereincing a relationship breakdown. Is it okay to use the temporary bridging visa to apply for visa 190 and then withdraw our partner visa?

    1. Provided you and not prohibited by section 48 of the Migration Act, there is nothing stopping you from making an application for a subclass 190 visa application while you’re onshore.

      Any further onshore visa application you make is likely to yield a Bridging Visa C class which may have limitations in terms of work and certainly does not allow overseas travel for the duration of processing.

      In the interest of a speedy response I use voice to text software. Please excuse any typ. errors.

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