To qualify for an Australian partner visa under a de facto relationship, applicants must show they have been in a genuine and continuing relationship for at least 12 months, unless an exemption applies.
Key takeaways
- De facto partner visa applicants must usually show at least 12 months of relationship history.
- The relationship must be genuine, ongoing, and committed.
- Evidence is assessed across financial, household, social, and commitment factors.
- Some applicants may be exempt from the 12-month requirement in certain situations.
- A properly prepared Partner Visa application is essential to demonstrate eligibility.
What is a de facto relationship for a partner visa?
A de facto relationship is when two people are in a committed relationship but are not legally married.
For Australian partner visa purposes, the Department of Home Affairs must be satisfied that the relationship is:
- genuine
- ongoing
- mutually committed
- exclusive
This applies to both opposite-sex and same-sex couples.
Is there a minimum relationship length requirement?
In most cases, yes.
Applicants must usually show they have been in a de facto relationship for at least 12 months before applying for a partner visa.
This requirement is in place to ensure the relationship is established and genuine.
Are there any exceptions?
Yes. The 12-month requirement may be waived if:
- the relationship is registered under Australian state or territory law
- there are compelling circumstances that justify a shorter relationship period
Each case is assessed individually, and supporting evidence is still required.
What evidence is required for a de facto relationship?
The Department of Home Affairs assesses de facto relationships across four key areas:
1. Financial aspects
- shared bank accounts
- joint expenses
- financial support between partners
2. Nature of the household
- living arrangements
- shared responsibilities
- household bills
3. Social aspects
- how the relationship is presented to others
- photos, social events, and statements from friends or family
4. Commitment to each other
- long-term plans
- communication history
- evidence of an ongoing relationship
These requirements apply to both onshore and offshore applications, including the Subclass 820 Partner Visa and the Subclass 309 Temporary Partner Visa.
Do you need to live together to qualify?
Living together is generally expected for a de facto relationship, but there can be exceptions.
If a couple has spent time apart, they may still qualify if they can demonstrate:
- the relationship is ongoing
- the separation was temporary or unavoidable
- there is continued communication and commitment
Clear explanations and supporting evidence are important in these situations.
How does the Department assess a de facto relationship?
The Department of Home Affairs does not rely on a single piece of evidence.
Instead, they assess the relationship as a whole by reviewing:
- the consistency of the evidence
- the credibility of supporting documents
- the overall story of the relationship
Applications that are incomplete or inconsistent may lead to delays or further requests for information.
Why proper preparation matters
De facto partner visa applications rely heavily on the quality of the evidence provided.
Common issues include:
- insufficient documentation
- inconsistent timelines
- unclear relationship history
A well-prepared application should clearly demonstrate how the relationship meets all required criteria.
Meeting the de facto relationship requirement
To meet the de facto relationship requirement for a partner visa, applicants must show a genuine and ongoing relationship, usually over at least 12 months, supported by strong evidence.
If you are unsure whether your relationship meets the requirements, it is important to seek advice before applying.Learn more about the process on our About Us page or book a free consultation at book a free consultation to discuss your situation.
