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
hello
me and my partner (who is aussie) met in aug 2016 and got into a committed relationship october 2016.
I was living in Nz on a uk passport when we met and had been doing long distance until may 2017; both flying back and forth to one another. I have since then moved out to aus and we live together with a joint account, we also now have a puppy and we have registered our relationship.
Am I now eligible to apply ? we have spoke of marriage as well.
if we were to get married would that make it any easier to apply now or will i still need to wait a little longer ?
I am currently out here on a 9 month tourist visa.
Have you registered your relationship?
Hi!
I just got a mail from immigration asking for proof of 12 months relationship like joint bank account and mail to the same address. However we have been apart for about 5 months at the beginning and we didn’t even think then of joking our accounts and as I was in Poland I didn’t use the Australian address. What should I do now ?
Not an easy question to answer. You’ll need to provide whatever you can and cover all the missing material in statutory declarations which, depending on quality and overall credibility, may or may not be accepted. Call me to discuss if submission help is needed or you application is refused and you need to appeal the visa refusal decision to the AAT.
Great website and sound advice.
Is it necessary to disclose a police caution on the application? They only mention convictions.
No. Provided your weren’t charged or convicted. Read the question carefully.
Hi, my partner and I have been together for almost 2.5 years but will only have been living together for 4 months when we submit our application. My partner is an Australian citizen and came back to Australia in Feb 2017 and immediately he registered our relationship in NSW. I arrived from the UK 1 month ago on a tourist visa and plan to submit the application before this expires. We have more than sufficient evidence with regards to the social side of our relationship however will the fact we’ve only been living together for 4 months be an issue or will this be covered by the relationship registration? Thanks!
It will be covered by the relationship certificate.
Hi I’m holding a Protection visa ATM, I just applied 7 months ago I didn’t get any call from immigration but I wana apply for de facto and immigration knows I’m with my partner so what is the best way for me. And also when I apply for de facto visa my old bringing visa will be cancelled automatically or I have to withdraw? And I’ve full time work right so when I granted new visa so I’ll get work right same time or I’ve to apply again?
If your protection visa is genuine, then it would be foolish to withdraw it, until after your another permanent visa is granted.
Hi, thanks so much for this information!
Im Australian citizen and I’ve been dating my partner officially for 6 months and we have been living together for 6 months, we would like to move to Australia in one year to save enough money for the visa, we will move into a house together and both be paying a mortgage. He is from the U.K.. Is it best to apply for his normal tourist visa or is it more ideal to apply for a defacto visa straight away? Can’t thank you enough for any help!
An onshore application, if you can make one is always preferable to an offshore application. If he is in Australia, you should register your relationship as soon as you can.
Hi There,
My partner and I have only been in a relationship for 6 months. My working holiday visa is due to expire in 2 months, we’re looking to apply for a Defacto visa being that he’s Australian. We plan on getting married in the future but would it help if we got married before we applied for the visa since our time together has been less than 12 months?
Yes if would help.