We've Only Been Together Six Months. Can a Lawyer Help Us Apply for a Partner Visa?

Can we apply for a partner visa after six months together?

A couple together for six months generally cannot apply for a partner visa as de facto partners, because regulation 2.03A requires the de facto relationship to have existed for 12 months before lodgement. The rule is applied strictly, and an application lodged too early is usually refused. However, the 12-month requirement is not the only route, and several lawful options may be open. Our article on short relationships and partner visas explains the risks of lodging early.

Does registering our relationship remove the 12-month requirement?

Registering a relationship under an Australian state or territory register removes the 12-month requirement for a de facto partner visa. New South Wales, Victoria, Queensland, South Australia, Tasmania and the Australian Capital Territory have registers, each with its own eligibility rules. Western Australia and the Northern Territory do not have registers. Registration does not prove the relationship is genuine, and the Department still assesses the relationship in full. Our article on the de facto 12-month rule and exceptions explains each exception.

Can we marry instead of waiting 12 months?

A couple can marry instead of waiting 12 months, because the 12-month requirement applies only to de facto partners. The marriage must be valid under Australian law, and the Department still assesses whether the relationship is genuine and continuing. A marriage arranged quickly with little shared history can attract closer questions, so the evidence of the relationship matters as much as the certificate. Our page on the Subclass 820 visa explains the onshore spouse pathway.

What about a prospective marriage visa if we are engaged?

An engaged couple where the applicant is outside Australia may apply for the Subclass 300 prospective marriage visa, which does not depend on 12 months of de facto relationship. The couple must have met in person, genuinely intend to marry, and marry within the visa period. After the marriage, the applicant applies for the Subclass 820 in Australia. Our page on the Subclass 300 visa sets out who is eligible and how the visa period works.

What evidence matters most in a short relationship?

The evidence that matters most in a short relationship shows how the relationship developed and why the couple is committed to a shared future. Records of meeting, time spent together, communication, introductions to family and friends, and any shared living arrangements all help. Our article on how much evidence is enough for a partner visa explains how to present a shorter history.

Can compelling and compassionate circumstances replace the 12 months?

Compelling and compassionate circumstances can replace the 12-month requirement, but the exception is narrow and the Department expects strong reasons beyond the couple's wish to be together. A child of the relationship is one example often raised. Couples should not lodge in reliance on this exception without advice, because a refusal costs the application charge and can affect later applications.

How does My Migration Lawyers advise couples in a new relationship?

My Migration Lawyers advises couples in a new relationship by mapping the dates that matter, including when the relationship started, when the couple began living together and when any registration or marriage could happen, and then setting out which route is lawful now and which becomes available later. The firm will say plainly when waiting is the safer choice. Couples can speak with our partner visa lawyers before committing to a plan.