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 Canadian on a 417 WHV, I have been with my partner (australian citizen) for 10 months currently and my visa expires in 2 months. If I apply for a tourist visa and we get rent in our name and I live off of him, would this allow us to stay in the country for me to apply for a de facto visa? We have lot’s of photos, plane tickets, travel documents, family to provide proof of our relationship. We are just wondering the best way to go about this after hearing so many horror stories.
Thanks!
Hello, I am on working visa and i am in a relationship and my partner is Australian citizen, but he is married with someone else and she is not giving her divorce. We want to live together, and Am i eligible to apply for defacto visa and how. We know each other from last 3 years. How we can prove the relationship, as he have not got divorce yet.
Hello,
I have been in a relationship with my Australian partner for nearly two years, and have lived with her for over a year. I started on a working holiday visa, and am now on a working visa (good for 3 months) in its last month. Can I apply for a De Facto visa on my current visa?
Cheers,
Lincoln
Hi Nilesh,
i wanted to know i came as a student visa.last year its got expired . then i applied to renew they refused it. after then i appeal in AAT last year august . but i was in relationship with a girl since December 2016 that time she was 17 then we got married in 0ct 2017.we are living togther since 2017 jan. that time i was on bridging visa. still im on bridging visa. my question is that i want to apply my partner visa. which option is good onshore or offshore?i want to apply asap dont want to waste anymore time.i have good relation with her family n all. we have all evidence on both of our name
can you please reply me on my email. thank you.
Hi There,
My Partner has been sponsored here for 2 years. He has just applied for Permanent residency and it should be granted in 1 month. I am on my second year working visa, which expires in November this year. Do I have to wait for his to be approved before I can apply for defacto? Also can I register our relationship before he is officially a resident?
Kind Regards,
Jasmine
Hi,
I just wanted to seek a second opinion regarding the defacto visa which we have submitted recently. Im on 457 visa and will be eligible for my PR later this year and I’ve met my partner who’s on student visa in Dec 16 and we’re both are in serious relationship. We decided to move in together since Mar 17 and the relationship is still ongoing. The issue is I’ve been married previously and haven’t got my divorce filed due to family circumstances till todate however we’re seperated more than 2 years now. Q1) Will this cause any issue with the lodgement? Q2) We didn’t plan or thought of opening a joint account/bills since we never planned this at the beginning of relationship with the defacto lodgement however we ticked all other requirement including the letter from my sponsorer accepting him for partner visa application. Is there anything I should be worried about?
Great questions Uma. Please book in for a consultation to discuss this properly.
Hi. Me and my partner is on Visitor visa SC600, will expire Nov this year. We are both Australian Registered Nurses. We are planning to apply for residency, me as the main applicant and my partner is my dependent. We have been together for 9yrs but we dont have a joint account back in our country. We opened an account here in Australia last Feb this year, can we use this as one of ur proof?
While a joint bank account is one of the features of a de facto relationship, it is by no means the be-all and end-all of the issue.
It is nice to have, but certainly not a mandatory consideration and I do have a lot of de facto couples who do not have joint bank accounts but who nevertheless will meet the criteria for the grant of a de facto partner visa.