Can I Include My De Facto Partner in My Visa Application?

Which visas let me include my de facto partner?

Many Australian visas let a primary applicant include a de facto partner as a secondary applicant, including a number of skilled, employer sponsored, student and graduate visas. Whether a particular visa allows it depends on the criteria for that subclass. The secondary applicant must usually be included in the application, or added in the way the visa allows, before a decision is made, and must meet the health and character requirements for that visa. Our article on partner visa pathways in Australia compares the partner visa route with other options for couples.

Does the 12-month rule apply when including a de facto partner?

The 12-month rule generally applies when including a de facto partner, because regulation 2.03A requires the de facto relationship to have existed for 12 months immediately before the application unless an exception applies. The main exception is a relationship registered under an Australian state or territory register. Our article on whether you really need 12 months of de facto relationship explains how the rule and its exceptions work.

What if my de facto partner is an Australian citizen or permanent resident?

A de facto partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen does not need to be included in anyone's visa. Instead, that partner can usually sponsor the other partner for a partner visa. The Subclass 820 visa is the onshore option and the Subclass 309 is the offshore option. A partner visa leads to permanent residence through the relationship itself, rather than depending on the other partner's temporary visa.

What evidence is needed to include a de facto partner?

The evidence needed to include a de facto partner is similar to the evidence for a partner visa, because the Department must be satisfied that the couple are in a genuine and continuing de facto relationship. That usually means proof of living together, shared finances, joint commitments and how the couple present socially. Our article on partner visa household evidence explains what shows a shared home.

What happens if the de facto relationship ends after the visa is granted?

A de facto relationship that ends after a secondary applicant's visa is granted can affect that person's position, particularly for any later visa that depends on remaining a member of the primary applicant's family unit. The consequences depend on the visa held and the stage reached, so advice should be taken before acting on the change. Our article on partner visa change of circumstances explains when relationship changes must be reported to the Department.

How does My Migration Lawyers advise couples on including a de facto partner?

My Migration Lawyers advises couples on whether including a de facto partner in one visa is the safer choice, or whether a separate partner visa would give the partner a more secure position. The firm checks whether the 12 months is met, whether registration would help and what evidence the visa requires, then plans the timing so the partner is not left without a pathway. Couples can raise their circumstances with our partner visa lawyers.