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
I am with my husband for a three months now living together,but we known each other more than 12 months I went overseas and stayed at his family for four months came back and forth,he’s got bringing visa ends March 2018,we married also.My questions is can he apply for a PR please I’m n Australian citizens I don’t want him to go back please we have our joint account also.
Thank you for question, this is a specific question which is best dealt with a scheduled consultation, please contact us via https://myvisa.com.au/book/
Hi there. My partner who is Brazilian and I have been in a relationship for nearly 2 years now however she had to return to Brazil around 11 months ago to finish her studies. During this time we have visited each other every 3 to 4 months for 1 month periods, twice with her coming here and once where I travelled to Brazil. Will this assist a partner Visa application provided we register the relationship in Jan and apply for the visa immediately while she is here? We have no joint account for financial proof however I have been transferring funds to her for savings and financial support while she studies.
Yes it will assist!
I am coming out to Australia (WA) on a 3 month tourist Visa and want to know the best way to proceed with a partner visa. My partner and I have been in a 3 year long distance relationship and now wish to prove a de facto relationship.
This is something I can help you with. Please book a consult when you are ready.
Hi me and my partner are thinking to apply for de facto, i read alot of articles ppl say to register the relation.
My question is if i register my relation now can i apply straight away for de facto i hope it wont get suspicious ?
Thanks in advance
Yes you can.
HI Nilesh!
Is it nessesary to register de facto for applying for onshore Partner Visa?
We already live together for around 3 years.
Thank you!
No but it can help.
No it is not. But it can be useful.
Hello Nilesh,
I am in a de facto relationship. I was married but separated (not legally). In creating immi account and My relationship is set as de facto, i need to add information of my other known name. My current surname is still from my ex spouse surname. Do I need to provide evidences such as marriage certificate with my ex? Do i need to declare in the immi account?
Yes and yes.
Hello, I’m about to get granted with PR in September and would like to sponsor my de facto partner. I met her 2 years ago overseas, and for quite a while we used to see each 2-3 weeks every 3 months. She moved to Australia last January. Since then, we have been living together. Technically, I don’t meet the 1 year-relationship requirement. Does my girlfriend still have a chance to get granted with the visa? What if they refuse her application? Can she apply later on?
Thank you very much
Have you considered registering your relationship? If not, you should.