De Facto Partner Visas


De facto visas make up around 15% of all partner visa applications and are the most difficult of the 3 types of partner visas to have approved. De facto visas have a tricky element to them as the “12-month rule” is applicable, which means you need to prove you have been in a relationship with your partner for 12 months PRIOR to the lodgement of your visa. There are ways around this requirement though in some instances, and we can guide you through this process if you are eligible.

However, you will need to provide genuine evidence of the date your de facto relationship commenced.

All applicants for a Partner Visa must have an Australian sponsor. Your sponsor must provide a written statement pledging to support you for your first 2 years in Australia, including accommodation and financial assistance to meet your reasonable living needs.

Like spouse visas, you will be required to demonstrate the genuineness and ongoing nature of your relationship. You can do this by providing a range of documentation and statements in support of your application.

After the initial two-year period, you may be granted a permanent visa if you are able to provide evidence of your ongoing genuine relationship and live together or only live apart only on a temporary basis


Onshore Defacto (subclass 820/801) Visa

The main visa eligibility criteria is:

- your relationship must be genuine, ongoing and mutually exclusive

- you both must either live together, or live apart only on a temporary basis

- you must have been in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen for at least 12 months prior to lodging your application (unless there are compelling or compassionate circumstances or your relationship is registered with the relevant Authority)

Your sponsor must not have previously sponsored more than one other fiancé, partner or spouse for migration to Australia, and not have sponsored a fiancé, spouse or partner for migration to Australia within the last 5 years (unless there are compelling circumstances)

or

not have been sponsored for a Spouse, Partner or Prospective Marriage visa by someone else within the last 5 years (unless there are compelling circumstances).

Importantly, you must be in Australia both at the time your application is lodged, and when your visa is granted.

If you are unlawfully in Australia at the time of your application, you must demonstrate that there are compelling reasons to justify the regularising of your immigration status.


Offshore Spouse (subclass 309/100) Visa

The main visa eligibility criteria is that:

- your relationship must be genuine, ongoing and mutually exclusive

- you both must either live together, or live apart only on a temporary basis

- you must have been in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen for at least 12 months prior to lodging your application (unless there are compelling or compassionate circumstances or your relationship is registered with the relevant Authority

Your sponsor must not have previously sponsored more than one other fiancé, partner or spouse for migration to Australia, and not have sponsored a fiancé, spouse or partner for migration to Australia within the last 5 years (unless there are compelling circumstances)

or

not have been sponsored for a Spouse, Partner or Prospective Marriage visa by someone else within the last 5 years (unless there are compelling circumstances).

Importantly, you must be outside Australia both at the time your application is lodged, and when your visa is granted.

This visa, which is valid for approximately two years from the date of the application’s lodgement, allows you to enter Australia and remain there until your application for permanent residency has been decided by the Department of Home Affairs

While the visa is processing you can travel to Australia to visit your partner if you apply for and are granted a Subclass 600 Visitor Visa