De Facto Partner Visa Australia

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De facto Partner Visa

Live in Australia with Your Partner Without Being Married

If you are in a genuine, ongoing defacto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, you may be eligible to apply for a partner visa – even if you’re not married. The de facto partner visa pathway applies to both onshore and offshore partner visa subclasses:

Subclass 820/801 Visa (onshore)
Subclass 309/100 Visa (offshore)

What Is a Defacto Relationship?

Under Australian migration law, a de facto relationship means:

You are not legally married
You live together or do not live apart on a permanent basis
Your relationship is genuine and continuing
You share life commitments, including financial, social, household, and emotional aspects
You are both over 18 and not related by family

Visa Requirements

To apply for a partner visa as a defacto couple, you must generally:

Prove at least 12 months of living together before lodging your visa, or
Have registered your relationship in an Australian state or territory that waives the 12-month requirement
Show evidence of your shared life and mutual commitment

Why Work with Jade Immigration Lawyers?

Personalised eligibility assessments
Professional preparation of all required forms
Legal submissions tailored to complex partner visa cases
Bridging visa assistance (BVA/BVB)
Support for de facto, LGBTQIA+, blended families, and second marriages

Key Evidence for Defacto Partner Visas

Supporting documents should show your relationship over time and may include:

Joint leases or mortgage
Shared bills and bank accounts
Photos together with family and friends
Travel history and holidays together
Joint invitations, memberships, or social activities
Statutory declarations from friends and family (Form 888)

We provide tailored checklists and templates to help gather strong evidence.

Can Same-Sex Couples Apply for a Defacto Visa?

Yes. Same-sex defacto relationships are fully recognised under Australian immigration law. The same criteria apply to all couples regardless of gender.

Applying Onshore vs Offshore

Onshore applicants: Apply for the 820/801 visa while in Australia. You will likely be granted a Bridging Visa A (BVA) to remain lawfully during processing.
Offshore applicants: Apply for the 309/100 visa. You must be outside Australia at time of application and visa grant.

Our team helps you choose the best option based on your situation and travel plans.

Health and Character Issues

We assist with:

Health Waivers: Where applicants do not meet health standards but a waiver is in the public interest
Character Submissions: Addressing past criminal records or visa cancellations
PIC 4020: Supporting clients who mistakenly submitted incorrect documents
s57 Letters: Urgent legal responses to potential refusals

What If You Haven't Lived Together for 12 Months?

If you haven’t reached the 12-month cohabitation requirement, you may still qualify if:

You register your relationship in a state that allows it (e.g. NSW, VIC, QLD, TAS, ACT)
There are compelling circumstances (e.g. pregnancy, serious illness, or inability to live together for legal/cultural reasons)

Why Choose Jade Immigration Lawyers?

Based in Sydney and fully registered
Experienced in all partner visa subclasses
Skilled in refusal, appeal, and complex migration cases
Clear communication and strategic legal support

We’ve helped many de facto couples stay together in Australia, including those with:

Long-distance histories
Relationship breakdowns or previous refusals
Blended families or same-sex relationships

Book a Consultation with an Immigration Lawyer

Clear, professional advice from an experienced immigration lawyer.

Choose the consultation that suits your needs — all fees are credited toward your full legal costs if you proceed within 28 days:

$75 – 15-minute introductory call
$250 – 30-minute standard consultation
$450 – 45-minute consultation for complex matters
Weekend and urgent appointments available

📞 Call us on 0485 907 989 or book online. We assist clients across Australia and internationally.

We’re here to help you move forward with confidence. Book your consultation and let’s make your next step clear.

Get Your Question Answered

Practice Areas

FAQ

Find answers to common questions about our Defacto Partner Visa Australia services and processes. If you need further assistance, feel free to contact Jade Immigration Lawyers today!

Can I apply for a partner visa if I’m not married to my partner?

Yes. If you’re in a genuine de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, you may be eligible to apply for a partner visa (Subclass 820/801 or 309/100) without being legally married.

What is considered a de facto relationship under Australian immigration law?

A de facto relationship means you live together (or do not live apart permanently) in a genuine, committed relationship for at least 12 months — or you have a registered relationship in an Australian state or territory.

Is it possible to waive the 12-month living requirement?

Yes. If you have registered your relationship in a state like NSW, Victoria, or Queensland, you may be exempt from the 12-month cohabitation rule.

What kind of evidence is needed to prove a de facto relationship?

You’ll need to provide joint documents such as lease agreements, bank accounts, photos, travel records, and statutory declarations (Form 888) to show the financial, social, and emotional aspects of your relationship.

Can same-sex couples apply for a de facto partner visa?

Absolutely. Australian immigration law recognises same-sex de facto relationships equally. You must meet the same relationship and evidence requirements as heterosexual couples.