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Key Takeways

A De Facto Partner is someone in a committed relationship with another person, living together as a couple but without formal marriage. In the context of Australian immigration law, a de facto relationship is often eligible for partner visa applications, provided the couple can demonstrate a genuine, ongoing relationship. 

Key Points: 

Committed relationship recognized by Australian law. 

No requirement to be married.

Must prove the relationship exists for a minimum of 12 months to be eligible for partner visa applications.  

How It Works / Why It Matters

For Australian visas, proving a de facto relationship is essential when applying for partner visas. The Department of Home Affairs requires applicants to demonstrate their commitment to each other, which often involves showing shared finances, joint responsibilities, and evidence of cohabitation for at least 12 months. 

Why It Matters:

Character and Health Criteria:

As a De Facto Partner, you and your partner will need to meet health and character requirements to be granted a visa.

Eligibility for Partner Visas:

Your relationship status impacts visa options such as Subclass 820, Subclass 801, and other skilled or employer-sponsored visa options.

Immigration Benefits:

Grants access to various rights, including healthcare and work opportunities for the partner.

Step-by-Step Process

Related Visa Pathway

For De Facto Partners, several visa pathways are available, depending on the circumstances of your relationship.

Partner Visa (Subclass 820 & 801):

For partners in a de facto relationship, granting temporary and then permanent residency.

Skilled Migration Pathways (e.g., Subclass 189, 190, 491):

If the partner is on a skilled visa, a de facto relationship can also support the application.

Employer-Sponsored Visas (e.g., Subclass 482, 494):

If one partner is sponsored, the other can apply as a de facto partner.

Required Documents

To apply for a visa as a De Facto Partner, you’ll need to submit several documents to prove the genuineness of your relationship. These include:

Proof of Cohabitation:

Rental agreements, joint utility bills, or bank statements with both partners’ names.

Evidence of Shared Finances:

Joint bank accounts, shared loans, or other financial commitments.

Affidavits from Friends and Family:

Statements from people who can confirm the nature of your relationship.

Photographs and Personal Correspondence:

Evidence of a relationship history, including photos, letters, and social media activity.

Passport Copies and Birth Certificates (if applicable).

❓FAQs

The relationship must have lasted for at least 12 months before applying for a partner visa. 

Yes, cohabitation for 12 months is typically required, but exemptions may apply in certain cases. 

A: Yes, a De Facto partner can be included in skilled migration visas like Subclass 189, provided other eligibility criteria are met. 

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Disclaimer
The information on this page is for general guidance only and does not guarantee visa approval. All visa applications are subject to the discretion of the Australian Department of Home Affairs. For personalized guidance, please contact a registered migration agent at Visa Advisor.