De Facto Partner Visa Australia (2026): Eligibility, Evidence & Visa Options
In Australia, the term “de facto visa” is commonly used to describe partner visa applications made by couples who are not legally married but share a genuine and ongoing relationship. Instead of being a separate visa subclass, de facto partners apply through Australia’s Partner Visa pathways.
If you are in a committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, you may be able to apply for a partner visa based on your de facto relationship. These visas allow couples to live together in Australia and can eventually lead to permanent residency.
What Is a De Facto Relationship for Immigration Purposes?
Australian migration law recognises a de facto relationship when two people live together as partners in a genuine and continuing relationship, even if they are not legally married.
To meet the definition, couples generally need to demonstrate that:
- They are not legally married to each other
- They share a genuine and exclusive relationship
- They live together or do not live apart permanently
- The relationship is ongoing and committed
These rules apply to both opposite-sex and same-sex couples.
Minimum Relationship Requirement
In most cases, couples must show they have been in a de facto relationship for at least 12 months before applying.
However, this requirement may sometimes be waived if:
- The couple has registered their relationship under state law
- They share a child together
- Compelling circumstances exist
Even when the 12-month rule is waived, applicants must still prove their relationship is genuine and ongoing.
Partner Visa Options for De Facto Couples
De facto partners can apply through two main partner visa pathways depending on whether they are inside or outside Australia.
Onshore Partner Visa
- Subclass 820 – Temporary partner visa
- Subclass 801 – Permanent partner visa
This pathway is typically used when the applicant is already in Australia. The temporary visa is granted first, followed by the permanent stage after further relationship assessment.
Offshore Partner Visa
- Subclass 309 – Temporary partner visa
- Subclass 100 – Permanent partner visa
Applicants who apply from outside Australia usually follow this route.
How to Prove a Genuine De Facto Relationship
Partner visa applications require strong evidence demonstrating that the relationship is authentic and continuing. Immigration authorities assess applications using several categories of evidence.
Financial Aspects
- Joint bank accounts
- Shared bills or expenses
- Evidence of financial support
Household Arrangements
- Joint lease agreements or property ownership
- Shared household responsibilities
- Documents showing the same residential address
Social Evidence
- Photos and travel records together
- Statements from friends and family
- Invitations or events attended as a couple
Commitment to Each Other
- Communication records
- Personal relationship statements
- Plans for the future together
Common Reasons De Facto Visa Applications Are Refused
Many partner visa refusals occur because the Department of Home Affairs is not satisfied that the relationship is genuine or properly documented.
- Insufficient evidence of living together
- Failure to meet the 12-month relationship requirement
- Inconsistent statements from partners
- Missing or incomplete supporting documents
Carefully preparing documentation and presenting a clear relationship timeline can help strengthen an application.
Typical Processing Time and Costs
Partner visa processing times vary depending on the complexity of the case and the quality of the evidence provided. Temporary partner visa decisions may take many months, while permanent residence is usually assessed after the relationship has continued for a longer period.
Visa application charges are significant and increase periodically, so applicants should check the latest fees before lodging their application.
Final Thoughts
Australia’s partner visa program allows de facto couples to build a life together even if they are not legally married. However, these applications require detailed documentation and careful preparation.
Demonstrating a genuine, committed relationship and providing strong supporting evidence are the most important factors in achieving a successful partner visa outcome.