Partner Visa Without Marriage: De Facto Relationship Requirements and Application Guide (2025)

Many people assume that marriage is a prerequisite for an Australian partner visa, but this is not the case. Unmarried couples in genuine de facto relationships can apply for the same partner visas available to married couples, with the same pathways to permanent residency. Understanding the requirements, evidence standards, and application process is essential for a successful outcome.

What is a De Facto Relationship?

Under Australian migration law, a de facto relationship exists when two people are not legally married to each other but meet specific criteria demonstrating a committed partnership. The relationship must satisfy all of the following conditions:

Mutual Commitment: Both partners are committed to a shared life together, to the exclusion of all others. This means the relationship is exclusive and neither partner maintains similar relationships with other people.

Genuine and Continuing: The relationship must be authentic, not entered into for visa purposes, and ongoing at the time of application. The Department of Home Affairs assesses whether the relationship is real and subsisting.

Living Together: Partners must live together or not live separately and apart on a permanent basis. Temporary separations due to work, study, or family reasons do not disqualify the relationship, provided the separation is not permanent.

Not Related by Family: The partners cannot be related by family in a way that would prevent marriage under Australian law.

De facto relationships are recognised equally with marriages for partner visa purposes, whether the couple is in an opposite-sex or same-sex relationship.

The 12-Month Cohabitation Requirement

The most critical requirement for de facto partner visa applications is demonstrating that the relationship has existed for at least 12 months before lodging the visa application. This 12-month period generally requires cohabitation, meaning living together in a genuine domestic relationship.

When the 12-Month Period Starts

The 12-month countdown begins when you start living together in a de facto relationship, not when you first met or started dating. An online relationship or period of dating before living together does not count toward the 12-month requirement.

Temporary Separations

Couples do not need to live together every single day during the 12-month period. Temporary separations are acceptable if they occur for legitimate reasons such as work commitments, family emergencies, or study obligations. However, you must provide evidence that the separations were temporary and that you maintained your relationship during these periods through regular communication, visits, and continued commitment.

Registered Relationships

Some Australian states and territories offer relationship registration for de facto couples. If you register your relationship in Queensland, New South Wales, Victoria, Tasmania, or the Australian Capital Territory, you are exempt from the 12-month cohabitation requirement. Registration demonstrates the official recognition of your relationship and removes the temporal requirement, though you still must prove the relationship is genuine and ongoing.

Note that relationship registration is not available in South Australia, Western Australia, or the Northern Territory.

Exemptions from the 12-Month Requirement

In certain circumstances, couples may be exempt from the 12-month cohabitation requirement even without registered relationships:

Compelling and Compassionate Circumstances: Exceptional situations such as the de facto partner facing domestic violence in their home country, serious illness requiring urgent treatment in Australia, or other humanitarian considerations may warrant an exemption.

Child of the Relationship: If the couple has a child together (biological or adopted), they are exempt from the 12-month requirement. The child demonstrates a significant level of commitment and shared responsibility.

Significant Financial Commitment: In rare cases, substantial financial commitments or interdependence may support an exemption, though this alone is typically insufficient without additional compelling circumstances.

Exemption applications require detailed evidence and compelling justification. The Department assesses each case individually, and exemptions are not granted routinely.

Evidence Requirements for De Facto Relationships

Proving a de facto relationship requires comprehensive evidence across four key aspects. The Department of Home Affairs assesses these areas to determine whether the relationship is genuine and meets the criteria.

Financial Aspects

Financial evidence demonstrates how you share resources and financial responsibilities:

Joint Bank Accounts: Statements showing joint savings or transaction accounts used for household expenses or shared goals.

Individual Accounts with Transfers: Bank statements showing regular transfers between partners for shared expenses, bills, or support.

Joint Assets: Property titles, vehicle registrations, or other assets held in both names.

Shared Liabilities: Joint loans, mortgages, or credit facilities demonstrating shared financial responsibility.

Shared Expenses: Evidence of sharing costs for rent, utilities, groceries, insurance, or other household expenses.

Beneficiary Nominations: Wills, superannuation nominations, or life insurance policies naming each other as beneficiaries.

Tax Returns: Individual tax returns may show shared addresses or financial interdependence.

Nature of the Household

Household evidence shows you live together and share domestic life:

Residential Evidence: Lease or mortgage documents in both names, or evidence that both partners reside at the same address.

Correspondence: Mail, utility bills, government correspondence, bank statements, or tax documents addressed to both partners at the shared residence.

Shared Responsibilities: Evidence of joint responsibility for household tasks, maintenance, shopping, or domestic duties through statements or receipts.

Care of Children: If you have children together or care for children from previous relationships jointly, provide evidence of shared parental responsibilities.

Duration of Cohabitation: Documentation covering the full 12-month period (or longer) showing continuous cohabitation.

Social Aspects

Social evidence demonstrates that others recognise your relationship:

Statutory Declarations (Form 888): Written statements from friends, family members, colleagues, or community members who know you as a couple and can attest to the genuine nature of your relationship. At least two Form 888s are typically required.

Photographs: Images showing the couple together at social events, family gatherings, holidays, celebrations, or daily life across the duration of the relationship.

Joint Social Activities: Invitations, tickets, or booking confirmations for events attended together such as weddings, parties, travel, or recreational activities.

Social Media: Screenshots of social media posts, relationship status updates, or public acknowledgment of the relationship.

Travel Together: Flight bookings, accommodation reservations, travel itineraries, or passport stamps showing trips taken together.

Joint Memberships: Gym memberships, club memberships, or other activities undertaken together.

Commitment to Each Other

Evidence of commitment shows the relationship is ongoing and oriented toward a shared future:

Communication Records: Phone records, messaging apps, emails, or letters showing regular communication, especially during periods of separation.

Future Plans: Evidence of joint plans such as property purchases, wedding plans, business ventures, or long-term travel arrangements.

Relationship History: A detailed written statement describing how you met, when you started living together, significant milestones, challenges overcome together, and your plans for the future.

Support During Difficulties: Evidence showing you supported each other during illness, job loss, family problems, or other challenges.

Knowledge of Each Other: Demonstrating detailed knowledge of each other's backgrounds, families, preferences, and daily lives.

The Department expects evidence across all four aspects covering the entire duration of your relationship, particularly the 12-month period before application. Gaps in evidence or evidence covering only one or two aspects may lead to requests for additional information or visa refusal.

Partner Visa Pathways

Australian partner visas follow a two-stage process, with different subclasses depending on whether you apply from within Australia or overseas.

Onshore Pathway: Subclass 820/801

Subclass 820 (Temporary): Applied for and granted while you are in Australia. This temporary visa allows you to live, work, and study in Australia while your permanent visa is processed. Processing time for the temporary stage typically ranges from 12-24 months from lodgement.

Subclass 801 (Permanent): Assessed approximately two years after the subclass 820 is lodged. If the relationship is still genuine and continuing, and you continue to meet health and character requirements, the permanent visa is granted. This provides permanent residency with full rights to live and work in Australia indefinitely.

Eligibility: You must be in Australia when you apply and when the temporary visa is decided. You must hold a substantive visa or have applied within 28 days of your last substantive visa expiring.

Benefits: Can work and study immediately upon lodgement if you hold a valid substantive visa. Provides Medicare access from temporary visa grant.

Offshore Pathway: Subclass 309/100

Subclass 309 (Temporary): Applied for and granted while you are outside Australia. Allows you to enter and remain in Australia temporarily while awaiting permanent visa assessment.

Subclass 100 (Permanent): Assessed approximately two years after the subclass 309 is lodged. Upon grant, provides permanent residency.

Eligibility: You must be outside Australia when you apply and when the temporary visa is decided.

Processing Times: Generally longer than onshore applications, with temporary stage taking 18-30 months and permanent stage assessed two years after initial application.

Prospective Marriage Visa: Subclass 300

For couples who are engaged but not yet married or in a 12-month de facto relationship, the Prospective Marriage Visa (subclass 300) allows the applicant to enter Australia to marry their Australian partner. After marriage, they can then apply for a partner visa (subclass 820/801) from within Australia.

This visa requires evidence of a genuine intention to marry, having met in person, and being legally able to marry. It does not lead directly to permanent residency and requires a subsequent partner visa application after marriage.

The Application Process

Step 1: Gather Evidence

Begin collecting evidence across all four aspects (financial, household, social, commitment) covering at least the 12-month period before application. Organise documents chronologically and ensure they clearly show both partners' names, dates, and addresses.

Step 2: Health Examinations

Arrange health examinations with a panel physician approved by the Department of Home Affairs. Medical results are valid for 12 months, so time these appropriately.

Step 3: Police Clearances

Obtain police certificates from all countries where you have lived for 12 months or more in the past 10 years since turning 16. Different countries have different processing times, so start early.

Step 4: Complete Forms

The sponsor must complete the sponsorship application (Form 40SP), and the visa applicant completes the visa application form. Both forms are submitted together online through the Department's ImmiAccount portal.

Step 5: Prepare Statements

Both partners should prepare detailed written statements describing the relationship history, how you met, when you started living together, significant events, challenges faced together, and future plans. Form 888 statutory declarations from two people who know you as a couple must also be completed.

Step 6: Lodge Application

Submit the complete application online through ImmiAccount with all supporting documents and pay the visa application fee. The current fee for partner visas is AUD 9,095 for the main applicant.

Step 7: Wait for Processing

Processing times vary, but onshore applications currently take 12-24 months for temporary stage decisions. During this time, the Department may request additional information or invite you to an interview.

Step 8: Bridging Visa (Onshore Only)

If you apply onshore and your current visa expires before the decision, you will automatically be granted a Bridging Visa A, allowing you to remain in Australia lawfully with work rights.

Step 9: Temporary Visa Grant

Once the temporary visa (820 or 309) is granted, you can live and work in Australia. You must maintain your relationship and notify the Department of any changes in circumstances.

Step 10: Permanent Stage Assessment

Approximately two years after lodging your initial application, the Department will assess you for the permanent visa (801 or 100). You must provide updated evidence that the relationship remains genuine and continuing.

Sponsor Obligations and Eligibility

The Australian partner (sponsor) must meet specific requirements:

Citizenship or Residency: Must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.

Age Requirement: Must be 18 years or older.

Sponsorship Limit: Generally can only sponsor two partners for visas in a lifetime, and cannot sponsor another partner within five years of a previous sponsorship.

Character Requirements: Must meet character requirements and have no significant criminal history.

Assurance of Support: In some cases, an Assurance of Support may be required, particularly if the applicant or sponsor has received government benefits or if the sponsor has previously sponsored partners.

Financial Capacity: While there is no strict income requirement, the sponsor must demonstrate capacity to support the applicant without relying on government assistance.

Common Challenges and Solutions

Challenge: Insufficient 12-Month Cohabitation Evidence

Solution: Ensure you have dated evidence covering the full 12-month period across all four aspects. If you lived together informally without joint lease or bills, provide alternative evidence such as statutory declarations from landlords, housemates, or neighbours confirming cohabitation, along with correspondence addressed to both partners at the same address.

Challenge: Time Apart During Relationship

Solution: Provide detailed explanation of reasons for separation (work contracts, family emergencies, travel restrictions), evidence of regular communication during separation (phone records, messages, emails), and evidence of visits during separation (flight tickets, photos). Demonstrate that separation was temporary and relationship continued.

Challenge: Limited Joint Financial Evidence

Solution: If you don't have joint bank accounts or assets, provide individual bank statements showing regular transfers to each other, receipts for shared expenses with both names, evidence of one partner supporting the other financially, and explanations of how you manage finances together.

Challenge: Online Relationship Before Cohabitation

Solution: The 12-month period only counts from when you began living together. Clearly identify when cohabitation began and provide evidence from that date forward. The prior online relationship can be mentioned in your relationship history but does not count toward the 12-month requirement.

Challenge: Cultural or Religious Considerations

Solution: Some couples have cultural ceremonies or community recognition of their relationship without legal marriage. Document these ceremonies, provide statements from family and community members, and explain cultural practices that demonstrate commitment. However, the 12-month cohabitation or relationship registration requirement still applies unless an exemption is granted.

Challenge: Different Addresses on Documents

Solution: This raises red flags. Update all possible documents to reflect the shared address immediately. If some documents cannot be changed quickly (such as driver's licenses in certain states), provide explanations and alternative evidence of cohabitation.

Tips for a Strong Application

Start Early: Begin collecting evidence from the moment you start living together. Waiting until you are ready to apply makes evidence gathering more difficult.

Be Comprehensive: Provide extensive evidence across all four aspects. More evidence is better than minimal evidence, within reason.

Maintain Consistency: Ensure information is consistent across all forms, statements, and supporting documents. Inconsistencies raise concerns about credibility.

Quality Photographs: Include photos showing the couple in various settings over time, not just posed photos from one event. Include photos with family and friends.

Form 888 Selection: Choose Form 888 writers who have known you as a couple for a significant time and can provide specific examples and details about your relationship, not generic statements.

Professional Help: Consider engaging a registered migration agent, particularly if your situation is complex, evidence is limited, or you have had previous visa refusals.

Stay Truthful: Never provide false information or fraudulent documents. Misrepresentation can result in visa refusal, cancellation, and exclusion periods preventing future applications.

Update Information: Notify the Department promptly of any changes in circumstances such as change of address, birth of a child, relationship breakdown, or health changes.

Case Study: Successful De Facto Partner Visa

Background: Australian citizen sponsored partner from overseas. Couple met while applicant was on working holiday visa in Australia. After dating for six months, applicant returned to home country. They maintained long-distance relationship for another six months before applicant returned to Australia on visitor visa and moved in together.

Challenge: Total relationship duration was 18 months, but cohabitation period was only 11 months when applicant's visitor visa was about to expire.

Strategy: Couple waited until completing 12 months of cohabitation before lodging partner visa application. During the waiting period, they:

• Opened joint bank account and used it for all shared expenses
• Added applicant's name to residential lease at renewal
• Obtained Form 888s from friends and family
• Compiled comprehensive photo evidence
• Documented all communication during previous long-distance period
• Demonstrated financial transfers during separation

Documentation Provided:

• 12 months of joint bank statements
• Lease agreement with both names
• Utility bills addressed to both partners
• 15 pages of relationship history statement
• Four Form 888 statutory declarations
• 50 photographs covering entire relationship
• Evidence of meeting each other's families
• Joint travel bookings
• Communication records during separation

Outcome: Application lodged for onshore subclass 820/801. Temporary visa (820) granted after 18 months. Permanent visa (801) granted at two-year mark without additional interview. Total process from lodgement to permanent residency: 2 years.

Key Success Factors: Waited to meet 12-month requirement fully, provided comprehensive evidence across all aspects, demonstrated genuine relationship despite initial long-distance period, maintained detailed documentation throughout relationship.

Moving Forward

De facto couples have the same rights and pathways to Australian permanent residency as married couples, provided they meet the 12-month cohabitation requirement or qualify for an exemption. Success depends on thorough documentation, comprehensive evidence across financial, household, social, and commitment aspects, and demonstrating that the relationship is genuine and ongoing.

Start gathering evidence early, maintain detailed records, ensure consistency across all documents, and consider professional assistance if your situation is complex. With proper preparation and genuine relationships, unmarried couples can successfully navigate the partner visa process and build their lives together in Australia.

The key is understanding the requirements, collecting appropriate evidence, and presenting a clear, consistent picture of your committed relationship. Whether you choose relationship registration to bypass the 12-month requirement or compile 12 months of cohabitation evidence, the pathway to permanent residency through a de facto partner visa is achievable and well-established in Australian migration law.