De Facto Partner Visa
A de facto couple qualifies for an Australian partner visa if the relationship has run for at least 12 months before lodgement, or is registered with a state or territory registry, and meets the four factors in regulation 1.09A of the Migration Regulations 1994 (Cth).
A de facto applicant uses the same subclasses (820 and 801 onshore, 309 and 100 offshore), pays the same base charge, from A$11,710 for most applicants as at 23 September 2026, and is assessed against the same four factors as a married applicant. The only difference is what proves the relationship. This page was checked against the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth), compilation in force from 1 July 2026.
| The de facto conditions for a partner visa | Where the rule sits |
|---|---|
| You are not married to each other | Migration Act s 5CB(2) |
| Mutual commitment to a shared life to the exclusion of all others | s 5CB(2)(a) |
| The relationship is genuine and continuing | s 5CB(2)(b) |
| You live together, or do not live separately and apart on a permanent basis | s 5CB(2)(c) |
| You are not related by family | s 5CB(2)(d) and (4) |
| You are both aged 18 or over when the application is made | Migration Regulations reg 2.03A(2) |
| 12 months as a de facto couple before you apply, unless an exemption applies | reg 2.03A(3) to (5) |
What is a de facto partner for an Australian partner visa?
For a partner visa, a de facto partner is someone in a de facto relationship with you as defined in s 5CB of the Migration Act 1958 (Cth), whether of the same sex or a different sex. The relationship is a couple's shared life, with a commitment that excludes everyone else, that is genuine and continuing, and in which you are not permanently living apart. Reg 1.09A of the Migration Regulations 1994 (Cth) then tells the Department how to decide those questions: it must consider all the circumstances of the relationship, including four listed matters.
How is the partner visa definition different from family law?
The s 5CB definition is the one the Department of Home Affairs applies to a visa. Other Australian laws define de facto relationships differently for property, social security and child support purposes, and those questions are decided by other bodies under other legislation. A threshold you may have read about for those purposes is not the migration rule. For those questions, see Victoria Legal Aid's page on de facto relationships.
Is there a minimum length for a de facto partner visa relationship?
Yes: 12 months immediately before you lodge, unless an exemption applies, and the 12-month de facto rule explains how the period is counted and the three exemptions. One of them is a relationship registered with a state or territory registry.
Do you have to live together for a de facto partner visa?
Not continuously. Section 5CB(2)(c) asks whether you live together or do not live separately and apart on a permanent basis. The question is whether the separation is permanent, not whether you shared an address every day. Couples live apart for a time for reasons like these:
- fly-in fly-out or remote work
- one partner overseas while the visa is prepared or decided
- study or a job posting in another city
- family or cultural reasons for delaying living together
- medical treatment or caring for a relative.
Reg 1.09A requires the Department to weigh all the circumstances, so none of these is automatically accepted or refused. What helps is evidence that the relationship carried on while you were apart: regular contact, visits, shared plans and money, and a written explanation of why you lived apart and for how long.
What proves a de facto relationship to the Department?
Reg 1.09A(3) lists four matters. The full evidence guide is on the partner visa relationship evidence page; these are short examples for each.
Financial aspects of the relationship for a partner visa
Reg 1.09A(3)(a) covers joint assets, joint debts, pooled money and how household costs are shared. For example:
- a joint lease or mortgage
- a joint bank account used for rent and bills
- household bills in both names.
The nature of the household for a partner visa
Reg 1.09A(3)(b) covers the care of any children, your living arrangements and how housework is shared. For example:
- mail and bills addressed to both of you at the same address
- a statement setting out who does what at home
- documents showing joint care of a child.
Social aspects of the relationship for a partner visa
Reg 1.09A(3)(c) covers whether you present yourselves as a couple, what friends think of the relationship and your joint social life. For example:
- statements from 2 witnesses who know you both, on Form 888 for a partner visa
- joint invitations and photos from events over time
- travel taken together.
Your commitment to each other, for a partner visa
Reg 1.09A(3)(d) covers how long the relationship has lasted, how long you have lived together, the companionship and support you give each other, and whether you see it as long term. For example:
- each partner's statement of how the relationship developed
- records of contact during any time apart
- plans for the future, such as a lease renewal or a home loan application.
De facto or married: what changes on a partner visa application?
Almost every row below is identical. Choosing to marry, or not to marry, only for visa reasons gains nothing.
| Married (spouse) | De facto | |
|---|---|---|
| Subclass | 820/801 onshore, 309/100 offshore | The same |
| Visa application charge | From A$11,710 as at 23 September 2026 | The same |
| The 12-month period | Does not apply | Applies, unless an exemption in reg 2.03A applies |
| Registered-relationship alternative | Not needed | Registration removes the 12 months (reg 2.03A(5)) |
| The four factors | reg 1.15A(3) | reg 1.09A(3), in the same terms |
| The document that opens the file | Marriage certificate | Evidence of when the de facto relationship began |
| Processing order | Ministerial Direction 117 | The same |
| Second-stage assessment | 2 years after you applied | The same |
A married couple applies as spouses under s 5F. The spouse visa Australia page covers the marriage itself.
When does a de facto relationship start for a partner visa?
Section 5CB treats you as de facto partners only while all its conditions exist together. So the 12 months begin on the date you first met all of them, including the commitment to a shared life and living together or not living permanently apart. That is usually later than your first date or first message. The Department says time spent dating or in an online relationship might not count. The start date you give in the application should match the evidence you attach, such as a first joint lease.
Can you apply for a de facto partner visa from outside Australia?
Yes. The subclass 309 is lodged from outside Australia and the subclass 820 from inside, and the de facto test in s 5CB, reg 1.09A and reg 2.03A is the same for both. Only the onshore route adds the substantive visa and Schedule 3 rules.
Questions people ask about de facto partner visas
What does "de facto" mean on a visa application?
It means you are applying as your sponsor's de facto partner under s 5CB rather than as a spouse under s 5F.
How do you prove a de facto relationship to the Department?
With evidence across the four matters in reg 1.09A. No single document is required, and the Department weighs everything together.
How long does a de facto partner visa take?
The same as a married applicant's. Processing times change, so check the Department's global visa processing times guide.
Does a registered relationship make you de facto for a partner visa?
No. It removes the 12-month requirement, but you still have to meet s 5CB and prove the relationship.
Can a partner visa applicant be de facto while married to someone else?
Section 5CB only requires that the two of you are not married to each other. The commitment to a shared life to the exclusion of all others must still be shown.
The de facto partner visa rule in detail
- If you have been together less than 12 months, check whether you can register your relationship in your state or territory.
- If one of you is still legally married to someone else, read partner visa before your divorce is final.
- For every other condition an applicant and sponsor must meet, see partner visa requirements.
- Property, Centrelink and child support questions for de facto couples are decided under different legislation by different bodies. Victoria Legal Aid's de facto relationships page, linked above, is a starting point.
The de facto start date, the 12 months and the evidence are where most de facto applications are tested. A registered migration agent or an Australian legal practitioner reads your evidence the way a case officer does and tells you what is missing before you lodge, so an application they prepare is more likely to succeed. Nobody can promise a grant.
Questions people ask
What qualifies as a de facto relationship for an Australian partner visa?
Under s 5CB of the Migration Act 1958, you and your partner must not be married to each other, must have a mutual commitment to a shared life to the exclusion of all others, must be in a genuine and continuing relationship, must live together or not live separately and apart on a permanent basis, and must not be related by family. Both of you must also be at least 18 when you apply.
Do you have to live together for a de facto partner visa?
Not all the time. The test is that you live together or do not live separately and apart on a permanent basis. A period apart for work, study or while waiting for a visa does not by itself end a de facto relationship, but you need evidence that the relationship continued.
How long do you have to be together for a de facto partner visa?
At least 12 months immediately before the date you apply, under reg 2.03A of the Migration Regulations 1994. The requirement does not apply if your relationship is registered under a prescribed state or territory law, if there are compelling and compassionate circumstances, or in the permanent humanitarian visa situations in reg 2.03A(4).
Does a registered relationship make you de facto?
No. Registration removes the 12-month requirement, but you still have to show that the relationship meets the conditions in s 5CB of the Migration Act 1958, with evidence across the four matters in reg 1.09A.
Can you be in a de facto relationship while married to someone else?
Section 5CB only requires that the two of you are not married to each other. It does not rule out a de facto relationship where one partner's earlier marriage has not yet been dissolved, but the mutual commitment to a shared life to the exclusion of all others must still be shown.
Sources
Primary sources this page was checked against on 23 September 2026.
- Migration Act 1958 (Cth), ss 5CB and 5F www.legislation.gov.au
- Migration Regulations 1994 (Cth), regs 1.09A, 1.15A and 2.03A, compilation in force from 1 July 2026 www.legislation.gov.au
- Department of Home Affairs, Partner visa (subclass 820), last updated 10 August 2026 immi.homeaffairs.gov.au
- Department of Home Affairs, Partner visa (subclass 309) immi.homeaffairs.gov.au