Can We Apply for a Partner Visa Before Living Together for 12 Months?

Is the 12-month rule about living together or about the relationship?

The 12-month rule is about the de facto relationship, not strictly about 12 months of living together under one roof. Regulation 2.03A requires the couple to have been in a de facto relationship for the 12 months immediately before the application. A de facto relationship involves living together or not living apart on a permanent basis, so periods of temporary separation for work, study or family reasons may still count. This is one of the most misunderstood points in partner visa law, and our article on whether you really need 12 months of de facto relationship explains it in detail.

Can registering our relationship let us apply before 12 months?

Registering the relationship lets a de facto couple apply before 12 months, provided the relationship is registered under an Australian state or territory register before the application is lodged. Registers exist in New South Wales, Victoria, Queensland, South Australia, Tasmania and the ACT, but not in Western Australia or the Northern Territory. Registration only removes the time requirement, and the couple must still prove a genuine and continuing relationship with full evidence.

What counts as compelling and compassionate circumstances?

Compelling and compassionate circumstances are serious and unusual circumstances that justify setting aside the 12-month requirement, such as the couple having a child together. The Department decides each case on its own facts and does not accept ordinary hardship, such as a visa about to expire, as enough. Our article on partner visa compelling reasons explains what evidence the Department expects.

Can we marry instead of waiting for 12 months?

A couple can marry instead of waiting for 12 months, because the 12-month requirement applies only to de facto partners. The marriage must be valid, and the couple must still show a genuine and continuing relationship. A marriage entered into only to avoid the 12 months, with little shared life behind it, may attract close scrutiny. Where the applicant is outside Australia, the Subclass 300 prospective marriage visa is another option for couples who intend to marry.

What happens if we lodge a de facto application too early?

A de facto application lodged before the 12 months is complete, without registration or a recognised exception, will generally be refused, because the requirement is assessed at the time of application and cannot be fixed by waiting during processing. The partner visa application charge is generally not refunded. Our article on partner visa refusal reasons explains how timing errors lead to refusal, and our guide to the partner visa cost explains what is at stake.

How does My Migration Lawyers decide whether you can lodge before 12 months?

My Migration Lawyers decides whether a couple can lodge before 12 months by building a dated history of the relationship and checking it against each exception, so the couple knows the real earliest lodgement date. The firm advises whether registration is available where the couple live, whether an exception is genuinely arguable, or whether marriage or waiting is safer, and considers the applicant's current visa so they are not left unlawful while waiting. Couples can discuss their timeline with our partner visa lawyers.