De Facto Partner Visa Lawyers
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What is a de facto partner visa?
A de facto partner visa is an Australian partner visa granted on the basis of a de facto relationship rather than a marriage. There is no separate "de facto visa". The same partner visa subclasses are used for married and de facto couples: the Subclass 820 partner visa and Subclass 801 permanent partner visa when the application is made in Australia, and the Subclass 309 partner visa and Subclass 100 permanent partner visa when it is made outside Australia. See Partner Visa Subclass 820 and Partner Visa Subclass 309.
A de facto relationship is defined in section 5CB of the Migration Act 1958. A couple is in a de facto relationship for a de facto partner visa if they:
Both partners must also have been at least 18 years old when the application was made. The sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. Same-sex and opposite-sex couples are assessed under exactly the same rules. See LGBTIQ+ Partner Visas.
Find Out If You Qualify for a De Facto Partner Visa
Do you need to be together for 12 months for a de facto partner visa?
The 12-month requirement does not apply in these situations:
The rule does not require 12 months of living together. It requires 12 months of de facto relationship. A couple who were committed and exclusive before they shared an address may be able to count from the earlier date, if the evidence supports it. See Do You Really Need 12 Months of De Facto Relationship to Apply for a Subclass 820 Visa?
Situation | Effect on the 12-month rule |
|---|---|
The relationship is registered under a prescribed State or Territory law | The 12-month requirement does not apply, including where registration is completed after lodgement but before the decision |
Compelling and compassionate circumstances, such as a dependent child of the relationship | The requirement can be set aside, but the threshold is high |
The partner holds, or has applied for, a permanent humanitarian visa | The requirement does not apply in the situations set out in regulation 2.03A(4) |
The couple marries after lodging and before the decision | The application is assessed as a married relationship, and the de facto 12-month rule falls away |
For the full detail on each exception, see De Facto Partner Visa: The 12-Month Rule and Exceptions.
Where can you register a de facto relationship for a partner visa?
State or Territory | Registration available for a de facto partner visa | More detail |
|---|---|---|
New South Wales | Yes | |
Victoria | Yes | |
Queensland | Yes | See How Do I Register a De Facto Relationship in Queensland? |
South Australia | Yes | See How Do I Register a De Facto Relationship in South Australia? |
Tasmania | Yes | |
Australian Capital Territory | Yes | |
Western Australia | No | |
Northern Territory | No |
Registration removes the 12-month requirement and nothing else. It does not prove that the relationship is genuine, and the de facto partner visa application still needs full relationship evidence. Each scheme also sets its own eligibility rules and waiting period, so the timing must be planned before lodgement. See Can We Register Our Relationship After Lodging a Partner Visa?
What evidence proves a de facto relationship?
Financial Aspects
Joint assets and liabilities, pooled money, shared bills and how the couple meets day-to-day household costs.
Nature of the Household
Living arrangements, the sharing of housework and joint responsibility for any children.
Social Aspects
Whether the couple presents as a couple to family and friends, shared social life and Form 888 statements.
Nature of Commitment
The length of the relationship, emotional support, time apart and the couple's plans for a shared future.
The evidence must also support the relationship start date the couple claims. Documents from either side of that date carry more weight than a large volume from the middle of the relationship. See Partner Visa Four Pillars of Evidence and Partner Visa Evidence: How Much Is Enough?
Should you apply for a de facto partner visa or a spouse visa?
Point of difference | De facto partner visa | Spouse partner visa |
|---|---|---|
Legal basis of the relationship | Section 5CB of the Migration Act | Section 5F of the Migration Act |
Minimum relationship period | 12 months before lodgement, unless an exception applies | No minimum period |
Key document | Evidence of the relationship start date, or a registration certificate | A marriage that is valid and recognised in Australia |
A de facto couple who marries after lodging must tell the Department, and the application is then assessed as a married relationship. See What Is the Difference Between a Spouse Visa and a De Facto Visa? and Do I Need to Tell Home Affairs If We Marry After Applying as De Facto Partners?
How do our de facto partner visa lawyers help?
1. Fix the relationship start date
We test the date you give us against your documents, so the 12-month rule is assessed on evidence rather than memory.
2. Confirm the 12-month rule or an exception
If you are short of 12 months, we advise whether registration, compelling and compassionate circumstances or another exception is genuinely available, and the timing that works.
3. Choose the right subclass and timing
We confirm whether you lodge onshore under Subclass 820 or offshore under Subclass 309, and we check your current visa so you stay lawful.
4. Plan the relationship evidence
We review what you hold against the four aspects of the relationship and tell you exactly what is missing.
5. Prepare the relationship statement and Form 888s
We prepare your relationship statement from your own account, for you to review and correct, and we guide your witnesses on their Form 888 statements.
6. Prepare the sponsorship
We prepare your sponsor's application and check the sponsorship limits before lodgement.
7. Lodge and manage the application
We lodge the de facto partner visa application, deal with Department requests and keep the evidence current until the decision.
8. Carry it to the permanent stage
We prepare the Subclass 801 or Subclass 100 stage when you become eligible.
Why choose My Migration Lawyers for your de facto partner visa?
Why choose My Migration Lawyers for your de facto partner visa?
We get the 12-month rule right first
We present your relationship properly
We handle complex de facto cases
One firm from lodgement to permanent visa
De Facto Partner Visa Frequently Asked Questions
Is a de facto partner visa the same as a spouse visa?
Yes, in the sense that both are granted under the same partner visa subclasses. The difference is the legal basis of the relationship and the 12-month rule, which applies only to de facto couples.
Can we apply for a de facto partner visa before 12 months together?
Only if an exception applies, such as a registered relationship or compelling and compassionate circumstances. See Can We Apply for a Partner Visa Before Living Together for 12 Months?
When does the 12-month de facto period start?
It starts when the relationship became mutually committed and exclusive, which can be earlier than the date you moved in together. See When Does the 12-Month De Facto Period Start?
Does time apart break the 12-month de facto period?
Not if the relationship continued through the separation. A real break where the relationship ended does restart the period. See Does Time Apart Break the 12-Month De Facto Requirement?
Do we have to live together for a de facto partner visa?
Not for the whole 12 months. The law requires that you live together or do not live separately and apart on a permanent basis, and you must intend to share a home.
Can same-sex couples apply for a de facto partner visa?
Yes. Same-sex couples are assessed under exactly the same rules. See Can Same-Sex Couples Get a De Facto Visa?
What if our de facto partner visa is refused?
A refusal can usually be reviewed by the Administrative Review Tribunal, but the deadline is strict. See Partner Visa Refusals.
Which lawyer can help with a de facto partner visa in Australia?
My Migration Lawyers prepares and lodges de facto partner visa applications for couples anywhere in Australia and overseas, with consultations by video. See Partner Visa Lawyers.
Who Reviewed This Page
Weiwei Zhang