My Girlfriend and I Want to Live Together in Australia. Who Can Help With the Visa?

Can my girlfriend and I get a visa to live together in Australia?

A girlfriend and her partner can get a visa to live together in Australia through a partner visa when one of them is an eligible sponsor and the relationship meets the legal test. The relationship must be a de facto relationship or a marriage, or the couple must be engaged for a prospective marriage visa. Where neither partner is Australian, a partner visa is not available, and the couple would need to look at other visa options. Our guide to partner visas in Australia sets out each subclass.

Does a girlfriend count as a de facto partner?

A girlfriend counts as a de facto partner only when the couple has a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, and lives together or does not live apart permanently. Calling someone a girlfriend does not decide the question either way. What matters is the substance of the relationship, shown across its financial, household, social and commitment aspects. Our article on the partner visa four pillars of evidence explains how each aspect is shown.

Should my girlfriend apply inside or outside Australia?

The choice between applying inside or outside Australia depends on where the girlfriend is, the visa she holds and her visa history. An applicant in Australia on a visa without condition 8503 may be able to lodge the Subclass 820 and usually receives a bridging visa. An applicant overseas lodges the Subclass 309/100 online. Our page on the Subclass 820 visa explains the onshore path, and our article on onshore partner visas explains the conditions that can block it.

What if we have not lived together for 12 months yet?

A couple who have not been in a de facto relationship for 12 months can still plan ahead, but they generally cannot lodge as de facto partners until the 12 months is met or an exception applies. Registering the relationship under an Australian state or territory register removes the 12-month requirement, although the Department still tests whether the relationship is genuine. Marriage, or a prospective marriage visa for an engaged couple, are other routes. Our article on short relationships and partner visas explains the risks.

What evidence will we need to show we want to live together?

The evidence needed to show a couple wants to live together is evidence of the relationship as it already exists, together with the couple's plans for the future. Shared addresses, joint finances, time spent together, communication, and people who know the couple as a couple all help. Plans to live together in Australia form part of the one relationship statement rather than a separate document.

How does My Migration Lawyers help a couple who want to settle in Australia together?

My Migration Lawyers helps a couple who want to settle in Australia together by working out, before any charge is paid, whether the relationship already qualifies and which subclass fits the girlfriend's location and visa history. The firm prepares the application, the relationship statement and the supporting evidence, and handles every request from the Department. Couples can speak with our partner visa lawyers about the timing of their move.