Partner Visa Minimum Relationship Length: How Long Is Enough?

Is there a partner visa minimum relationship length?

No. There is no single partner visa minimum relationship length that applies to every couple: married couples have no prescribed minimum, de facto couples generally need 12 months together before applying unless an exception applies, and engaged couples applying for the Subclass 300 visa have no minimum but must have met in person. The real question behind any search for a partner visa minimum relationship length is whether the relationship, however long it has lasted, is genuine and continuing, and whether it can be proved.

This guide explains the actual rules on partner visa minimum relationship length, where they come from, and how a short relationship is assessed in practice. It covers married couples, de facto couples, engaged couples, the exceptions to the de facto 12-month rule, how decision makers treat whirlwind relationships, and how the length of the relationship matters again at the permanent stage. It applies to the onshore Subclass 820 visa and Subclass 801 visa, the offshore Subclass 309 visa and Subclass 100 visa, and the Subclass 300 prospective marriage visa. The complete partner visa guide sets out the wider requirements.

The short answer by relationship type

For a married couple, the partner visa minimum relationship length is effectively nil. The law asks whether the marriage is valid and whether the relationship is genuine and continuing. It does not ask how long the couple have been together.

For a de facto couple, regulation 2.03A generally requires the de facto relationship to have existed for at least 12 months immediately before the application was made. This is the only true partner visa minimum relationship length in the legislation, and it has exceptions.

For an engaged couple applying for the Subclass 300 visa, there is no prescribed length. The couple must have met in person, must know each other personally, and must genuinely intend to marry within the visa period.

Why people think there is a fixed minimum

Many couples believe there is a two-year or one-year partner visa minimum relationship length for everyone. That belief usually comes from mixing up three different rules: the 12-month de facto requirement, the two-year wait before the permanent visa is usually assessed, and the long-term partner relationship concession. These are separate rules with separate purposes. Mixing them up leads couples to delay applications they could make now, or to apply as de facto partners when they do not yet qualify. The guide to partner visa relationship evidence explains what the Department actually looks at.

What is the partner visa minimum relationship length for married couples?

There is no partner visa minimum relationship length for married couples. The Department's policy on assessing spouse relationships states that no specific length of time is prescribed, and that although the length of time the couple have been married should be taken into account when assessing the mutuality of the relationship, all of the other commitment factors must also be considered.

The legal test for a married couple is in section 5F of the Migration Act 1958. A person is the spouse of another person if they are married under a marriage recognised as valid, they have a mutual commitment to a shared life as a married couple to the exclusion of all others, the relationship is genuine and continuing, and they live together or do not live separately and apart on a permanent basis. None of those requirements contains a time period.

Duration is one factor, not a threshold

Under subregulation 1.15A(3) of the Migration Regulations 1994, the decision maker must consider the nature of the couple's commitment to each other, which includes the duration of the relationship, the length of time the couple have lived together, the degree of companionship and emotional support they draw from each other, and whether they see the relationship as a long-term one. Duration is therefore one consideration inside one of the four aspects. It is not a gate that must be passed before the others are considered.

That is why a couple who married a few months after meeting can still be granted a partner visa, and why a couple together for many years can still be refused if the evidence does not show a genuine and continuing relationship. The Subclass 820 visa explained guide and the Subclass 820 partner visa guide set out the other criteria.

The marriage must still be valid

The absence of a partner visa minimum relationship length for married couples does not remove the requirement that the marriage be valid. A marriage that is not recognised as valid for migration purposes will be assessed instead as a de facto relationship under section 5CB of the Migration Act. If that happens, the 12-month de facto rule may suddenly matter. A couple who married overseas, or in a religious ceremony that was not registered, should check the validity of the marriage before relying on it.

Newly married couples should expect questions

Because there is no partner visa minimum relationship length for married couples, some people assume a recent marriage is a shortcut. It is not. A short courtship followed by a quick marriage, with no partner visa minimum relationship length to measure it against, is one of the patterns that leads decision makers to look more closely at the relationship. The answer is not to wait. The answer is to explain and evidence how the relationship developed. That is covered later in this guide.

The 12-month rule: partner visa minimum relationship length for de facto couples

The partner visa minimum relationship length for de facto couples is generally 12 months, measured immediately before the date the application was made, under subregulation 2.03A(3) of the Migration Regulations 1994. This is the only fixed partner visa minimum relationship length in the partner visa legislation, and it applies only to couples applying as de facto partners.

What "immediately before" means

The 12 months must run up to the day the application is lodged. The Department's policy states that the requirement applies even if the couple had been in a partner relationship at an earlier time. For example, if a couple were married or lived as de facto partners, then separated, and later reunited as a de facto couple, the 12 months is counted from the current relationship, not the earlier one. A relationship that started 18 months ago, broke down for two months, and then resumed may not meet the 12-month rule at the date of application.

The policy also notes that if either partner was in a partner relationship with someone else close to the 12-month period before the application, that may be relevant to whether the current relationship is a genuine de facto relationship. Overlapping or very recent previous relationships therefore need careful explanation.

The 12-month rule is assessed after the relationship test

The Department's policy is clear on an important technical point. The decision maker must first decide whether the couple is in a de facto relationship under section 5CB of the Migration Act. Only if that test is met does the decision maker turn to regulation 2.03A. The policy states that it would be an error of law to refuse on the basis that the couple is not in a de facto relationship under section 5CB merely because the relationship existed for less than 12 months before the application, because the 12-month period is not part of the section 5CB definition.

In practical terms, a couple can be in a genuine de facto relationship and still fail the partner visa minimum relationship length under regulation 2.03A. The two questions are separate. Regulation 2.03A is assessed as a time of decision criterion, but it looks back to the time of application.

The minimum age requirement

Regulation 2.03A also requires both partners in a claimed de facto relationship to have been at least 18 years old when the application was made. This applies even if the relationship has otherwise lasted long enough. The age requirement cannot be met by turning 18 before the decision.

What counts as a de facto relationship in the first place

Section 5CB of the Migration Act defines a de facto relationship. The couple must have a mutual commitment to a shared life to the exclusion of all others, the relationship must be genuine and continuing, they must live together or not live separately and apart on a permanent basis, and they must not be related by family. Living together is the usual starting point, but the test is about the whole relationship. The guides on the de facto partner visa and the 12-month rule and on whether you really need 12 months of de facto relationship for a Subclass 820 visa explain the definition in more detail.

Exceptions to the partner visa minimum relationship length for de facto couples

The partner visa minimum relationship length of 12 months does not apply to a de facto couple whose relationship is registered under a prescribed State or Territory law, who can show compelling and compassionate circumstances, or where the partner is a holder or applicant for a permanent humanitarian visa in the circumstances set out in the regulation. It also stops applying if the couple marry before the decision is made.

Registered relationships

Under subregulation 2.03A(5), the 12-month requirement does not apply if the de facto relationship is registered under a prescribed State or Territory law. The Department's policy lists the prescribed laws, which include relationship registers in New South Wales, Victoria, Queensland, South Australia, Tasmania and the Australian Capital Territory. Couples in a State or Territory without a prescribed register should check their options carefully.

Two practical points matter. First, the policy accepts that a relationship registered after the application is made but before it is decided meets the exception, because the regulation does not say when registration must happen. Second, a receipt showing that an application for registration has been lodged is not enough. The relationship must actually be registered. If a registration certificate is produced, the decision maker cannot impose extra criteria on top of it.

Registration solves the partner visa minimum relationship length problem. It does not prove the relationship is genuine. The couple must still satisfy section 5CB on the evidence.

Compelling and compassionate circumstances

Under paragraph 2.03A(3)(b), the 12-month requirement does not apply if the applicant can establish compelling and compassionate circumstances for the grant of the visa. The Department's policy describes this as a high threshold, because the circumstances must be both compelling and compassionate. The policy gives examples that may qualify: where the applicant has a dependent child of the relationship, or where de facto relationships are illegal in the country where one or both partners live.

The policy also says what usually does not qualify. A pregnancy at the time of application is not generally considered enough on its own, although exceptional circumstances relating to a pregnancy may be. The genuineness of the relationship is not itself a compelling and compassionate circumstance. Every applicant should be given an opportunity to put a case for why the rule should not be applied.

The example of relationships that are illegal in a home country is particularly relevant to same-sex couples. The firm's LGBTI partner visa page explains how these cases are approached.

Partners of humanitarian visa holders and applicants

Under subregulation 2.03A(4), the 12-month requirement does not apply where the applicant's de facto partner holds or held a permanent humanitarian visa and told the Department about the relationship before that visa was granted, or where the partner is an applicant for a permanent humanitarian visa. The Department checks its own records for this exception.

Marrying after lodgement

The Department's policy explains that if a de facto couple marry between lodgement and decision, section 5CB no longer applies and the relationship is assessed under section 5F as a marriage. Regulation 2.03A, including the partner visa minimum relationship length, no longer needs to be met. The marriage must be valid, and the relationship must still be genuine and continuing.

Is there a partner visa minimum relationship length for engaged couples?

No. There is no partner visa minimum relationship length for an engaged couple applying for the Subclass 300 prospective marriage visa, but the couple must have met in person since both turned 18, must be known to each other personally, and must genuinely intend to marry within the visa period and live together as spouses. These requirements are about the reality of the relationship, not its length, so the partner visa minimum relationship length question does not arise.

Met in person and known personally

Under clause 300.214, the couple must have met in person and must be known to each other personally. The Department's policy says the criterion does not require any particular level of knowledge, and that this will vary from case to case. However, if the couple know very little about each other, that may be relevant to whether they genuinely intend to live together as spouses. To gauge how well the couple know each other, decision makers may look at evidence of contact showing how the relationship developed, whether the relationship is traditionally or culturally appropriate, and interviews with both partners.

Intention to marry

Under clause 300.215, the couple must genuinely intend to marry, the marriage must be valid under Australian law, and arrangements should generally be in place for the marriage to take place within the visa period. The Department's policy expects a signed letter from the authorised celebrant, and in most cases confirmation that a Notice of Intended Marriage has been lodged. If the wedding has not been arranged yet, the decision maker relies more heavily on the credibility of the applicant and sponsor.

Arranged marriages and real consent

Arranged marriages are common among engaged couples, and the absence of a partner visa minimum relationship length for the Subclass 300 visa does not remove the need for real consent. The Department's policy recognises them but requires real consent from both parties. A Subclass 300 visa cannot be granted if the couple have not met in person since both turned 18 or are not personally known to each other. A short engagement is acceptable. An engagement without genuine personal knowledge and consent is not.

How is a short relationship assessed for a partner visa?

A short relationship is assessed on the same four aspects as any other relationship, namely the financial aspects, the nature of the household, the social aspects and the nature of the commitment, with all the circumstances of the relationship considered together. The absence of a partner visa minimum relationship length for married couples does not mean a short relationship is assessed more leniently. It means the decision maker looks at what the relationship actually is, rather than how long it has existed.

The four aspects in a short relationship

Where the partner visa minimum relationship length is not an issue but the relationship is short, each aspect will naturally look thinner. That is expected, and the Department's policy says the assessment must not be a count of how many matters are satisfied against how many are not.

The financial aspects may show only recent shared expenses, transfers between the partners, or one partner supporting the other. The nature of the household may show only a short period of living together, or none yet for an engaged or recently married couple living apart. The social aspects may show family introductions, joint attendance at events, and recognition by friends. The nature of the commitment may show plans made and acted on, such as moving countries, a wedding, a shared lease or a decision to apply for the visa together. The guide to preparing evidence of a genuine relationship explains how evidence is grouped.

The development of the relationship carries more weight

When there is no partner visa minimum relationship length to rely on, how the relationship developed often becomes the most important evidence. How did the couple meet? How quickly did contact increase? When did each partner meet the other's family? Why did they decide to marry or move in together when they did? What has happened since? A clear, honest account of the relationship's development answers the question a decision maker is really asking when the relationship is short: whether the speed of the relationship makes sense in the couple's circumstances.

Living together is not always required at application

For married couples, section 5F requires the couple to live together or not live separately and apart on a permanent basis. The Department's policy says there is no timeframe within which a married couple must live together, but the separation must be temporary and the applicant must show an intention to live together in the future. A married couple who have never lived together cannot meet this requirement unless they show that intention. For de facto couples, living arrangements usually form part of the 12-month period, so time living apart needs careful explanation.

Whirlwind relationships and extra scrutiny

A whirlwind relationship, meaning one where the couple met, committed and applied in a short time, is lawful and can succeed, but it attracts closer scrutiny because speed is one of the indicators decision makers associate with relationships entered into for a visa. Understanding why the Department looks harder at fast relationships helps a couple prepare the evidence that answers those concerns. The partner visa minimum relationship length is not the issue in these cases. Credibility is.

Patterns that draw attention

Decision makers tend to look more closely where several of the following appear together: a very short period between meeting and marriage or applying, an applicant whose other visa options were ending, a recent previous relationship of either partner, limited shared language, little contact with each other's families, inconsistent accounts of how the relationship began, or evidence created just before lodgement. None of these patterns is proof of anything. Each needs a credible explanation.

Recent previous relationships

A previous relationship that ended shortly before the current one began is a common issue. For de facto couples, the Department's policy expressly says a partner relationship with someone else close to the 12-month period may be relevant. For married couples, a previous marriage must also have been legally ended before the new marriage, or the new marriage may not be valid. Divorce dates, separation dates and the start of the new relationship must line up across every document.

Cultural courtship patterns

Short courtships are normal in many cultures, and the absence of a partner visa minimum relationship length for married couples leaves room for them. Arranged and family-introduced marriages may involve only a few meetings before the wedding. The Department's policy recognises arranged marriages and expects decision makers to consider whether a relationship is culturally appropriate. A couple whose relationship is short for cultural reasons should explain those customs in the relationship statement and support them with evidence, such as Form 888 statements from family members who know the background.

Interviews in short relationships

Interviews are more likely in short relationships, even where the partner visa minimum relationship length is met. The Department's policy notes that knowledge of each other's personal circumstances, including background and family, may be tested at interview. Partners in a short relationship will not know everything about each other, and decision makers do not expect that. What matters is that the answers are honest and consistent with each other and with the documents. The guides on the s57 natural justice letter for a partner visa and responding to a section 56 request explain what happens if concerns arise.

Partner visa minimum relationship length for long-distance and offshore couples

There is no separate partner visa minimum relationship length for long-distance or offshore couples; the same rules apply, but time spent in different countries affects how the de facto 12-month rule is met and how the relationship is evidenced. Many Subclass 309 couples met while one partner was travelling, studying or working overseas, and spent much of the relationship apart. That is common and lawful, but it changes the evidence.

De facto couples who have lived apart

For a de facto couple, the 12 months before the application must be a period of de facto relationship. Section 5CB of the Migration Act allows for a couple who do not live together, provided they do not live separately and apart on a permanent basis. A couple who lived together for part of the period and were apart for the rest can still meet the rule, but the time apart must be explained as temporary and the relationship must have continued throughout. A couple who have never lived together will usually find it very difficult to establish a de facto relationship at all, and marriage or a Subclass 300 visa may be the more realistic pathway. The guide to the offshore Subclass 309 visa explains the offshore process.

Married couples living in different countries

For a married couple living in different countries, the partner visa minimum relationship length is not an issue, but the requirement to live together or not live separately and apart on a permanent basis is. The Department's policy says the separation must be temporary and the applicant must satisfy the decision maker that the couple will live together in the future, with no fixed timeframe for doing so. The reasons for the separation, such as visa restrictions, work, study or family duties, should be set out in the relationship statement.

Evidence that replaces time together

Where a couple has spent little time in the same place, the evidence of contact and visits carries more weight. Regular messages and calls across the whole relationship, travel records and boarding passes for visits, money sent between the partners, introductions to family by video or in person, and concrete plans to live together all help. A relationship that is short in months but dense in genuine contact can be stronger than a longer relationship with little evidence.

Couples who met online

Many couples now meet online or through apps. Meeting online is not a problem in itself. What matters is the evidence of how the relationship moved from online contact to meeting in person, and from there to commitment. Keep the early messages and records of the first meetings. For an engaged couple, remember that the Subclass 300 visa requires the couple to have met in person since both turned 18.

How to evidence a short relationship for a partner visa

The best way to evidence a short relationship is to build a clear timeline, show regular contact and the steps the relationship actually took, involve the people who know the couple, and explain every gap honestly in the relationship statement. Because there is no partner visa minimum relationship length for married couples, the evidence of quality, consistency and development does the work that time would otherwise do.

Build a precise timeline

Whatever partner visa minimum relationship length rule applies to you, start with the date and place the couple met, then record each step: first date, regular contact, meeting families, travel together, moving in, engagement, marriage and application. Each document should fit that timeline. A short relationship with a precise, consistent timeline is far more persuasive than a long relationship described vaguely. The partner visa document checklist and the 820 partner visa evidence checklist are useful prompts.

Show the relationship growing

Evidence from the early stage of the relationship, such as messages, call logs, photographs and travel, shows how it developed. Evidence from later stages shows the commitment deepening: a shared address, joint bills, a wedding, introductions to wider family, plans for the future. The point is to show a relationship that moved quickly for real reasons.

Use the relationship statement to explain speed

The partner visa relationship statement is where the couple explains why the relationship moved at the pace it did. It is the couple's own account, in their own words, and it must be true. If the couple married quickly because of family expectations, religious beliefs, an upcoming move or simply because they were sure, the statement should say so plainly and consistently. A lawyer can review it and point out gaps, and the partners then correct and confirm their own account.

Choose witnesses who know the story

For a short relationship, Form 888 witnesses should be people who have seen the relationship develop, not people who met the couple once. Specific, first-hand detail carries weight. Near-identical statements do not. The guide to Form 888 example answers and common mistakes explains what makes these statements useful.

Keep forms consistent

For couples close to the partner visa minimum relationship length for de facto partners, dates matter even more. Dates in the application form, in Form 80, in the sponsorship and in the relationship statement must match. Inconsistency is especially damaging in a short relationship because there is less history to counterbalance it.

Does the partner visa minimum relationship length matter at the permanent stage?

Yes, but not in the way most people think. At the permanent stage, the usual rule is that at least two years must have passed since the combined application was made, under paragraph 801.221(2)(d) of the Migration Regulations 1994 for the Subclass 801 visa, with an equivalent rule for the Subclass 100 visa. The two years runs from the date of application, not from the start of the relationship. It is a waiting period for the permanent visa, not a partner visa minimum relationship length for applying.

The permanent stage is a fresh assessment

The Department's policy for the Subclass 801 visa says the applicant must show they continue to be the spouse or de facto partner of the sponsor, and that this is a fresh assessment based on the evidence at the time of decision. By the permanent stage, a relationship that was short at lodgement should have a longer history. Decision makers expect to see the household, financial and social evidence develop. A file that looks the same at the permanent stage as it did at lodgement can raise questions. The Subclass 820 vs Subclass 801 guide explains how the two stages connect.

Keep building evidence after lodgement

Couples whose relationship was short at lodgement should keep adding evidence while the application is processed. Further evidence can be uploaded, and changes in circumstances must be reported. The guide on Form 1022 change of circumstances explains when a change must be notified, and the guide on work rights while waiting for a Subclass 820 visa explains what applicants can do while they wait.

When relationship length helps: the long-term partner relationship

A long relationship can shorten the process. Under subclause 801.221(6A), the two-year wait does not apply if, at the time the application was made, the couple were in a long-term partner relationship, which the Department's policy describes as a relationship of not less than three years, or not less than two years if there is a dependent child of both partners, other than a step-child. The equivalent concession for the Subclass 100 visa is in subclause 100.221(5).

How the concession works

If the long-term partner relationship criterion is met, the Department's policy says the delegate should assess the permanent visa immediately after granting the temporary visa, and grant it if the criteria are met. In effect, the couple can move to permanent residence without the usual waiting period. The relevant length is measured at the time the application was made, so couples close to the three-year point sometimes ask whether to delay lodging. That decision depends on visa status and should not be made without advice.

This is not a minimum, it is a concession

The long-term partner relationship is often misread as a partner visa minimum relationship length of three years. It is not. It is a concession for couples who already have a long relationship. Couples with shorter relationships apply in the ordinary way and wait for the permanent stage.

Should you wait before applying for a partner visa?

Whether you should wait depends on your relationship type, your current visa and the strength of your evidence; for married couples there is no partner visa minimum relationship length to wait for, while de facto couples under 12 months should usually consider registration, marriage or a short delay before lodging. Waiting can carry its own risks, especially for applicants whose current visa is about to expire.

De facto couples under 12 months

A de facto couple who do not yet meet the 12-month rule have several options. They may be able to register the relationship under a prescribed State or Territory law. They may decide to marry, if that is what they genuinely want. They may be able to show compelling and compassionate circumstances. Or they may wait until 12 months has passed. Lodging as de facto partners without meeting the partner visa minimum relationship length or an exception is a common and avoidable reason for refusal.

Visa status can change the calculation

An applicant in Australia whose visa is about to expire faces a different decision. If the applicant becomes unlawful before lodging, the Schedule 3 criteria may apply to an onshore partner visa. The guides on Schedule 3 criteria for partner visas and the Schedule 3 partner visa waiver explain the test, and the firm's Schedule 3 waivers page explains how it helps. An applicant whose visa carries a no further stay condition may not be able to lodge onshore at all, as the guide on condition 8503 and the Subclass 820 visa explains. Applicants on visitor visas should read the guide on moving from a tourist visa to a partner visa.

Bridging visas while you wait for a decision

Once a valid onshore application is lodged, most applicants receive a bridging visa. The guides on bridging visas in Australia and Bridging Visa A explain what that means in practice.

Three scenarios on partner visa minimum relationship length

The following hypothetical scenarios show how the partner visa minimum relationship length rules apply to common situations. They are illustrations only. Every case depends on its own facts and evidence.

Scenario one: married after eight months

A couple met overseas, saw each other regularly, and married eight months later. They have lived together for three months. Because they are married, there is no partner visa minimum relationship length to meet. The marriage must be valid and the relationship must be genuine and continuing. Because the relationship is short, the couple should expect scrutiny of how it developed, and should prepare a precise timeline, evidence of contact from the start, family involvement and plans for the future.

Scenario two: de facto for ten months

A couple have lived together for ten months in Victoria and do not plan to marry soon. The applicant's student visa expires in three months. They do not meet the partner visa minimum relationship length of 12 months under regulation 2.03A. They may be able to register their relationship under the Victorian register, which would remove the 12-month requirement. They must still prove the de facto relationship under section 5CB. Their timing must also take account of the expiry of the student visa and any visa conditions.

Scenario three: together four years with a child

A couple have been together for four years and have a child together. They apply onshore as de facto partners. They meet the 12-month rule easily. They are also likely to be in a long-term partner relationship at the time of application, which may allow the permanent Subclass 801 visa to be assessed straight after the temporary visa is granted, rather than after the usual two-year wait. Their length of relationship helps them, but they must still evidence the relationship properly.

What Tribunal decisions show about relationship length

Tribunal decisions show that relationship length is regularly examined, and that refusals based on the 12-month de facto rule or on a short relationship are sometimes sent back once registration, marriage or fuller evidence is before the Tribunal. The decisions below are remittals: in each, the Tribunal sent the matter back to the Department to reconsider. The descriptions are limited to the issues recorded for each decision and do not mean any later outcome was a grant.

The 12-month de facto rule

In TRAN (MIGRATION) [2024] ARTA 224, a Subclass 820 matter, the issues recorded were that the couple were not in a de facto relationship for 12 months before the application was made, the passage of time and the relationship now being registered, and limited evidence of joint finances. In Doskocilova (Migration) [2024] AATA 1165, the issues recorded were a de facto partnership for 12 months before the application, the relationship now being registered, and the four aspects of the relationship. In Castillo (Migration) [2024] AATA 3700, the issues recorded included the requirement to be in the relationship for 12 months before application, the instigation and development of the relationship, and that the couple had since married. In Allcock (Migration) [2023] AATA 240, a Subclass 309 matter, the issues recorded were that the couple were not in a de facto relationship for 12 months when the application was made, together with the four aspects.

Development and length of the relationship

In O'SHAUGHNESSY (MIGRATION) [2026] ARTA 1835, a Subclass 820 matter, the issues recorded were a genuine and continuing relationship, the four aspects, the development and length of the relationship, and a registered relationship. In CHELIMO (MIGRATION) [2026] ARTA 1422 and BUI (MIGRATION) [2026] ARTA 1339, the recorded issues included the development and length of the relationship alongside the four aspects. In Forbes (Migration) [2025] ARTA 1193, the recorded issues included a valid marriage, the four aspects and the length of the relationship.

Fast-moving relationships

In Tran (Migration) [2022] AATA 5232, the issues recorded included the speed of development of the relationship, the nature of the household and the social aspects. In Hristov (Migration) [2021] AATA 4398, a Subclass 309 matter, the recorded issues included the rapid development of the relationship and the nature of the household. In Paniram (Migration) [2024] AATA 3467, the issues recorded included the four aspects, age, and the progression and length of the relationship. These decisions show that a short or fast relationship is examined through all four aspects, not dismissed for its length alone, and that the partner visa minimum relationship length for de facto couples can sometimes be resolved by registration or marriage before the Tribunal decides. The guide on what to expect at an ART review explains the review process.

Common misconceptions about partner visa minimum relationship length

The most common misconceptions about partner visa minimum relationship length are that every couple needs two years, that married couples need 12 months, that registration proves the relationship, and that a long relationship guarantees a grant. Each of these can lead to a poor decision about when and how to apply.

"Every couple needs two years together"

Wrong. The two-year figure is the usual wait for the permanent visa, measured from the application date. It is not a partner visa minimum relationship length for applying.

"Married couples also need 12 months"

Wrong. The 12-month rule in regulation 2.03A applies to de facto relationships. A valid marriage removes it.

"Registering the relationship proves it is genuine"

Wrong. Registration removes the 12-month requirement. The couple must still satisfy the section 5CB definition on the evidence.

"A long relationship cannot be refused"

Wrong. A long relationship that is poorly evidenced, inconsistently described or no longer continuing can be refused. The guides on why partner visas get refused and the most common Subclass 820 refusal reasons show the patterns.

"If we are refused we can just reapply"

Not always. An onshore applicant refused a partner visa may be affected by section 48 of the Migration Act 1958, which can prevent a new onshore partner visa application. The guides on partner visa refused appeal options and partner visa after a visa refusal explain the position, and the firm's partner visa refusals page sets out how it helps.

How My Migration Lawyers helps with partner visa minimum relationship length issues

My Migration Lawyers helps couples with partner visa minimum relationship length issues by first working out which rule actually applies to them, then advising on timing, registration and the exceptions, and preparing evidence that shows how a short relationship developed. The firm acts in many partner visa matters involving recent marriages, de facto relationships close to the 12-month point, engaged couples and fast-moving relationships, and it regularly handles complex cases where relationship length, visa status and Schedule 3 interact.

What the firm does, step by step

First, the firm takes instructions on the history of the relationship and builds a precise timeline with the couple, including any previous relationships and separations. Second, it advises whether the couple should apply as married, de facto or engaged partners, and whether the partner visa minimum relationship length under regulation 2.03A applies at all. Third, where the 12-month rule applies, it advises on registration under the relevant State or Territory law, on compelling and compassionate circumstances, and on timing, taking the applicant's current visa into account. Fourth, it reviews the evidence across the four aspects and identifies where a short relationship needs more support. Fifth, it reviews the couple's own relationship statement and the Form 888 statements for gaps and inconsistencies, and the couple correct and confirm their own accounts. Sixth, it checks every form so that dates and addresses match, lodges the application and keeps the file updated through to the permanent stage, including advice on the long-term partner relationship concession where it applies.

Where a refusal has already been made on the 12-month rule or on relationship length, the firm reviews the decision record and advises on Tribunal review, including whether registration or marriage since the decision changes the position. Where appointed to act, it lodges Form 956 so the Department corresponds with the firm. The firm also advises on related issues such as sponsorship limitations, covered in the guide on when a sponsor cannot sponsor a partner visa, and the family violence provisions.

Who handles your matter

Partner visa work at My Migration Lawyers is led by Weiwei Zhang, Principal Lawyer. More about the firm is on the About My Migration Lawyers page and the partner visa lawyers page. My Migration Lawyers is an Australian immigration law firm with an office at Level 1, 60 Martin Place, Sydney, and it advises couples across Australia by video, including clients of its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta, and its immigration lawyers in Adelaide, Canberra, Hobart and the Gold Coast. Couples weighing up representation can read the guides on an immigration lawyer for a partner visa, the partner visa lawyer guide, partner visa lawyer vs doing it yourself, the best partner visa lawyer in Australia, and the city guides for Sydney, Melbourne and Brisbane. The guide to booking an immigration lawyer consultation explains what happens at the first meeting.

Book a consultation about partner visa minimum relationship length

If you are unsure whether your relationship is long enough, or whether the partner visa minimum relationship length applies to you at all, get advice before you lodge. Book a Consultation with My Migration Lawyers to have your relationship history, visa status and evidence reviewed. You can also call 1300 040 300.