What Are the Requirements for a De Facto Visa?

What is a de facto visa in Australia?

A de facto visa in Australia is a partner visa granted on the basis of a de facto relationship rather than a marriage. There is no separate de facto subclass. A de facto partner applies for the Subclass 820/801 in Australia or the Subclass 309/100 outside Australia, the same visas married couples use, but must meet the extra de facto requirements. Our guide to the de facto partner visa covers the pathway in detail.

What relationship requirements apply to a de facto visa?

The relationship requirements for a de facto visa are that the couple has a mutual commitment to a shared life to the exclusion of all others, the relationship is genuine and continuing, the couple lives together or does not live separately and apart on a permanent basis, and the partners are not related by family. Both partners must also generally be at least 18. The Department tests these requirements by looking at the financial aspects, the nature of the household, the social aspects and the nature of the commitment. Each of these four pillars of partner visa evidence is explained in our separate article.

Do de facto visa applicants need 12 months together?

De facto visa applicants generally need to have been in a de facto relationship for at least 12 months immediately before lodging the application. The requirement does not apply where the relationship is registered under an Australian state or territory register, where compelling and compassionate circumstances exist, or in certain humanitarian cases described in the regulations. The 12 months is measured as a de facto relationship, which is not always the same as 12 months under one roof.

Who can sponsor a de facto visa?

A de facto visa sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is the applicant's de facto partner. A sponsor who has sponsored two partners before, or sponsored a partner within the last five years, or was sponsored as a partner within the last five years, is restricted unless compelling circumstances affecting the sponsor exist. Our page on partner visa sponsorship limitations explains these limits.

What other requirements apply to a de facto visa?

A de facto visa applicant must also meet health, character and public interest criteria, including PIC 4020 on false or misleading information. Applicants in Australia must be eligible to apply onshore, which can be blocked by condition 8503 or by not holding a substantive visa. Our articles on partner visa health requirements and partner visa character requirements explain these tests, and our page on Schedule 3 waivers explains the extra criteria for applicants without a substantive visa.

How does My Migration Lawyers test a de facto relationship before lodgement?

My Migration Lawyers tests a de facto relationship before lodgement by fixing the date the relationship began and checking that date against the 12-month rule, any registration and the documents the couple holds. The firm then checks the sponsor's history and the applicant's visa conditions, so the couple knows whether to lodge now, register first or wait. Couples can speak with our partner visa lawyers about their de facto application.