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 have a quick question.
De facto visa if my partner is an international student?
I’m assuming your question is whether a temporary visa holder can sponsor you for a defacto partner visa. No!
Hi, my partner and I have been together since Aug 2016, we registered our relationship and have been living together since Sep 2016. We applied for the Visa in May 2017 and it is pending. My partner has just been offered a job in another state and we were looking at doing long distance whilst he tests the waters in his new job. Will us living apart affect the outcome of our visa? Would we need to advise them of these changes or should we stay living together whilst the visa is bridging as we would hate to jeopardize our future by me not giving up my job and moving with him or by him giving up a fantastic opportunity.
Thanks in advance for your help
Great question.
1. Keep Immigration updated with current residential addresses.
2. Make it clear in submissions that any “living apart” period is only temporary.
If all other submissions are sound, you should be ok with a partner visa grant soon.
Please contact me if you require assistance.
My partner Daniel and I (my name is Caitlin) started our relationship on 25/10/16, we registered our relationship with BDM Vic on the 28/8/17 and started living together on the 5/11/17. Given that we will not have lived together for 12 months or had our relationship registered for 12 months when we apply for a De Facto visa (planning on applying in July as Daniels 417 visa runs out in August), in your opinion what are our chances of a successful application?
I see real issues here. Get some proper advice.
Hi I met met my partner (Same sex) in July 2017,
We registered our relationship in SA in October 2017
We moved in together a shared house in November 2017 I’m listed as an occupant partner is on the lease
We’re both on the electric and gas bill
We have opened joint bank accounts as of Jan 2018
And had wills witnessed from Jan 2018
We play to apply for the 820 / 801 beginning of Feb 2018
My WHV finishes beginning of March 2018
In your opinion do we have a good chance?
I’m concerned as we don’t have the 12 months living together
Many thanks
please contact us if you require specific advice.
I am on my student visa and want to apply my partner’s de facto relationship visa who is in India at the moment. We have been dating for more than 2 years but I am completing my studies here in Australia and she works in IT industry in India. Due to our study & work commitments we are not able to live together but do see each other at every 6 months time period. We don’t have a joint account or lease papers. However we do intend to register our relationship with Victorian Relationship Registration authority. I have 2 questions;
1) Is our case strong enough to get her de-facto partner visa?
2) Is it advisable that I call her here on tourist visa and register our relationship with Victorian Relationship Registration authority?
Thanks in advance
please contact us if you require specific advice.
Hello,
My partner is currently sponsored by his work on a skilled migrant visa, can we now apply for a de facto visa (I hold an AUS passport)?
Thank you!
please contact us if you require specific advice.
Hi
I am an Australian permanent resident Since 1989
i was married and sponsored my ex-wife in 1990
i remarried and sponsored again in 2001.
is it possible to do a 3rd time?
please contact us if you require specific advice.