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 there! Thanks for all your tips! I am just wondering if i can change my visa as soon as I get to Aus. I am from the UK and will be flying in to Aus on Wednesday 23rd May 18 and will have a 12 month working Holiday visa. Since applying and being granted the visa me and my partner (she’s a new zealand citizen and we’ve been together for 16 months) have decided that we’d actually like to move to Australia for a longer period. I have been offered a job interview in Brisbane (as a chef which is also on the skilled migrant list) but currently on the working holiday I can work a max of 6 months with 1 employer and this isn’t going to go down great at the interview unless I can atleast reassure them that I MAY be able to get a defacto partnership or work visa.
1. Can I apply for a defacto partnership of a NZ citizen visa (subclass 461) as soon as I enter Australia on my working holiday visa? I am eligible for this visa and we both meet all the requirements.
2. Would a bridging visa remove the 6 month work restriction of a working holiday visa?
3. Is there any way I could get the 6 month restriction removed or changed whilst waiting for the verdict if the bridging visa doesn’t?
4. Would it be best to just apply for a skilled migrant work visa as soon as I get to Australia instead? I thought it may not be allowed as I already have a working holiday visa?
Thank you very much!
Theo
Please consider booking in for a consultation tailored to your circumstances. There is a lot here.
Hi There,
I’m currently on a student Visa NSW. Have been in Australia for almost 2 years. I have recently met an Australian Girl (Citizen) who lives in Queensland. We have been dating for 7 months now (Since November 2017), numerous flights backwards and forwards and are now engaged. Due to my studies at TAFE, i could not relocate to Queensland as they did not offer the same course (Package deal). We have not lived together due to our christian beliefs. My current student visa expires 30 August 2018.
We have planned our Wedding for 15 December 2018.
Question 1 – On the above mentioned, would i qualify for a defacto Partner Visa
Question 2 – If i were to registrar the relationship in Queensland, would that help the visa application (820)
Thanking you in advance!
1. Not likely, certainly not before your student visa expiry.
2. Yes it would help, but you still need to demonstrate that you are in genuine and continuing “defacto” relationship at all the relevant times.
Please get some formal detailed advice.
Hi, im in a complicated situation.
I have applied for a partner visa before and it was granted for my now ex spouse, we were married but did not have kids. Now we are still married but no longer living together and im just waiting for the 12 months to apply for a devorce. The 12months will be in November 2018 then i can file my divorce.
In the mean time i have been talking to someone and this person will be coming to Australia on a 408 visa for only 6 month. I then wanted to apply for a defacto visa during this period when she is here. What proof do i need to show that our love is genuine and im intending to live with her when she comes to Australia. Im a cotizen here and its more than 5yrs since i supported my ex for a partner visa.
She is intending to come around October/November. I wanted to lodge an application before her 6 month stay here lapses. When can i apply and what sort of evidence is required ?
Thank you.
Please book in time to discuss this in detail. Timing is everything but if you can meet the 5-year requirement (serial sponsorship limitation), you should be ok.
HEllo, i would like to ask about partner visa (defacto).My partner is a permanent resident in Australia.We started our relationship as bf/gf status on May 2016..From July 2016 he started to support me because i have kids from previous relationship. Then Dec 2016 was our first meeting.January 2017 we temporarily apart because he went back to Australia to work..Our relationship more intimate.He supports me financially,emotionally in all aspect as husband.Then Dec 2017 he went home to be with me.Then leave again temporarily for work…The question is…can we apply for defacto since our relationship is more than a year as dec 2016 as basis or starting point of out intimate relationship? Hoping for your advice regarding this…Thank you!
You have an arguable case. You’ll need to show that you have been in the defacto relationship for a period of 12 months immediately before you apply for the defacto partner visa (subclass 820 for onshore cases) and when you were living apart, you were only living apart temporarily.
Hey i have a question i have 2 weeks before my student visa runs out and am applying for my partner visa all my paper work tomorrow morning am a little afraid of it getting rejected cause am 2 weeks from my current visa expiring date please give me some advice
Provided there are no problems with the partner visa being validly lodged prior to the student visa expiry, it should be ok. The bridging visa will kick in after the student visa expires, but you should consider professional advice if you are worried.
Great info and comment replies. Thank you! I am on a WHV until Dec. 5, 2018 and I want to apply for the Defacto Visa around Nov. 23, 2018. That leaves about a week left of my WHV. Is this cutting it close, or will I be granted a Bridging Visa while the decision is being made? I just don’t see why I would apply any sooner, while I am still on my WHV. Thank you in advance for any feedback, it is much appreciated.
Bettie
As soon as you lodge a valid application in Australia for a subclass 820 partner visa (also called a defacto partner visa) and you hold a substantive visa (WHM) then you will be granted a bridging visa to remain in Australia ordinarily until such time as a decision is made on the visa application made. The application for a bridging visa is not a separate application and is given to you by operation of law, at the time of a valid application lodgement in respect of the partner visa. If you need preparing and getting your partner visa approved, please contact our office. Regards Nilesh Nandan, Immigration Lawyer.
My partner is in NZ on work Visa and Im here on PR. If we register our relationship in NSW what are the chances of getting the defacto visa granted? We are in relationship for more than a year now but I recently moved to SYD not even a month. SO considering the time, is it too quick or they just want the proofs of relationship.
Please check registration requirements with Births Deaths and Marriages in Sydney. If you are able to get the relationship certificate, you will be likely to get the application lodged and approved. Many of my defacto visa clients have valid reasons for living apart, but you’ll need a great written submission that the living apart is only “temporary”. Please contact me if you would like assistance with this type of defacto partner visa submission.