Partner Visa in Australia: De Facto Relationship Guide

Many couples in Australia choose to build their lives together without a formal marriage ceremony. The good news is that the Australian Partner visa allows de facto couples—including same-sex partners—to access the same migration pathway as married couples, provided they can demonstrate a genuine, continuing relationship.

What Is a De Facto Relationship?

Under the Migration Act 1958, you are in a de facto relationship if:

• You have not legally married each other.
• You are committed to sharing your lives, both emotionally and practically.
• You have lived together, or do not live apart on a permanent basis.
• You are not related by family.

The Department of Home Affairs recognises both opposite-sex and same-sex de facto couples. However, it is not enough to simply state you are in a relationship—you must support your claims with compelling evidence.

Key Evidence Requirements

The Department assesses four main aspects of your relationship:

1. Financial Aspect – Shared bank accounts, joint bills, leases, insurance policies, or shared assets demonstrate combined finances.
2. Nature of the Household – Evidence of joint living arrangements, housework responsibilities, and how you organise daily life.
3. Social Aspect – Photos, invitations, travel itineraries, social media posts, or statements from friends and family showing you are recognised as a couple.
4. Commitment to Each Other – Statements explaining your history, future plans, and support during difficult times.

Quality matters more than quantity. Provide clear, well-organised documents that show your relationship is genuine and ongoing.

Minimum Relationship Duration

Generally, de facto partners must demonstrate at least 12 months of living together before lodging the Partner visa (subclass 820/801 or 309/100). Exceptions may apply if you have registered the relationship with an Australian state or territory or if compelling circumstances exist (e.g., joint parenthood).

Partner Visa Pathway

The Partner visa is usually a two-stage process:

1. Temporary Partner Visa (subclass 820 onshore or subclass 309 offshore)
2. Permanent Partner Visa (subclass 801 onshore or subclass 100 offshore)

After approximately two years, the Department contacts you to reassess the relationship for permanent residency. Couples who have been together for at least three years—or two years with a dependent child—may be granted the permanent stage immediately after the temporary visa is approved.

Eligibility Checklist

To sponsor a partner, the sponsoring partner must be:

• An Australian citizen, permanent resident, or eligible New Zealand citizen
• At least 18 years old
• Of good character (police checks required)

The applicant must:

• Be at least 18 years old
• Meet health and character requirements
• Have no outstanding debts to the Australian Government
• Not have had a visa cancelled or refused in a way that bars further applications

Rights on the Temporary Visa

While waiting for the permanent decision, temporary Partner visa holders can:

• Live in Australia with full work rights
• Study (without government loans)
• Travel in and out of Australia freely
• Access Medicare and up to 510 hours of Adult Migrant English Program classes

The visa is designed to keep couples together. If serious issues arise—such as domestic violence—visa holders may still be able to progress to permanent residency.

Tips for a Strong Application

• Organise evidence chronologically to show the evolution of your relationship.
• Provide joint statements that tell your story and include future plans.
• Register your relationship (if available in your state or territory) to strengthen your application.
• Keep copies of shared financial commitments and correspondence addressed to both partners.
• Seek professional advice if you have periods of separation or complex visa histories.

How First Migration Service Centre Supports You

Our MARA-registered migration agents assist couples with:

• Preparing comprehensive evidence packages for de facto relationships
• Advising on statutory declarations and witness statements
• Managing timelines for temporary and permanent stages
• Navigating health, character, and police clearance requirements
• Offering guidance if unique circumstances arise (e.g., separation, safety concerns)

Book a consultation with First Migration Service Centre to ensure your Partner visa application is accurate, well-supported, and ready for assessment.