When Does the 12-Month De Facto Period Start?

When does the 12-month de facto period legally begin?

The 12-month de facto period legally begins when the couple first 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 on a permanent basis. Regulation 2.03A then requires that relationship to have existed for the whole 12 months immediately before the application is lodged. The Department will look for evidence that fixes the starting point. Our article on the de facto partner visa and the 12-month rule explains the test in detail.

Does the 12-month de facto period start when we moved in together?

The 12-month de facto period often starts when a couple moved in together, because shared living is usually the clearest sign that the relationship became de facto. However, moving in is evidence, not the legal test. A couple may have been committed and not living apart permanently before moving in, and a couple who moved in casually as housemates may only have become de facto partners later. The relationship statement should therefore explain how and when the relationship changed from dating or sharing a house into a committed shared life, with documents that support that account. Couples often find the date they choose is earlier than the evidence can carry, and a cautious start date is usually safer than an ambitious one.

Does dating time count towards the 12 months?

Dating time counts towards the 12 months only from the point at which the relationship became a de facto relationship. Early dating, before the couple was exclusive and committed to a shared life, is part of the relationship history but usually falls outside the 12-month period. Our article on the partner visa evidence timeline explains how far back evidence should go and how to present the early stages.

Does time apart restart the 12-month de facto period?

Time apart does not restart the 12-month de facto period if the relationship continued during the separation and the couple was not living apart on a permanent basis. A genuine break-up is different. Where the couple separated and later reconciled, the Department may treat the relationship as having restarted. Our article on repeated separations explains how breaks are assessed.

Why does the start date of the 12-month period matter so much?

The start date of the 12-month period matters because a de facto application lodged even shortly before the 12 months is complete does not meet the requirement and is usually refused. The start date given in the application must also match the relationship statement, Form 888 statements and earlier visa applications. Inconsistent dates are a common reason for a non-genuine relationship refusal.

How does My Migration Lawyers fix the start date before lodgement?

My Migration Lawyers fixes the start date before lodgement by comparing the couple's own account with leases, travel records, messages and any earlier visa applications, and identifying the earliest date the evidence can safely support. Where the 12 months is close, the firm advises whether to wait or to register the relationship first. Couples can speak with our partner visa lawyers, or read about the Subclass 820 visa for onshore applicants.