The 12-Month De Facto Rule for an Australian Partner Visa
You must have been in a de facto relationship for at least 12 months immediately before you lodge a partner visa, and subregulation 2.03A(5) removes that requirement if the relationship is registered under a state or territory law.
The 12 months are counted on the relationship, not on a lease. Living apart for part of them does not break the period, as long as you are not living separately and apart on a permanent basis under s 5CB(2)(c) of the Migration Act 1958 (Cth). This page was checked against the Migration Regulations 1994 (Cth), compilation in force from 1 July 2026, on 23 September 2026.
| The 12-month requirement does not apply if… | Where it is | What you need |
|---|---|---|
| Your relationship is registered under a state or territory law prescribed for s 2E of the Acts Interpretation Act 1901 | reg 2.03A(5) | The registration certificate from the state or territory registry |
| You can establish compelling and compassionate circumstances for the grant of the visa | reg 2.03A(3)(b) | A written explanation with evidence, which the Department assesses |
| Your partner holds or held a permanent humanitarian visa, you were in a de facto relationship before it was granted, and your partner told the Department about you before the grant, or your partner is an applicant for a permanent humanitarian visa | reg 2.03A(4) | Evidence of the relationship and of your partner's declaration |
How long do you have to be de facto to apply for a partner visa?
Twelve months, ending immediately before the date of your application. Reg 2.03A(3) of the Migration Regulations 1994 (Cth) applies this to anyone who claims to be in a de facto relationship for a partner visa, onshore (subclass 820/801) or offshore (subclass 309/100). The rule sits in reg 2.03A, not in the Schedule 2 criteria for those subclasses. Six months is not enough, and two years is not required. Two years is a family law figure, not a migration one.
How are the 12 months counted?
Three rules fix the period:
- It ends on the date of application, not the date of decision. The regulation measures "12 months ending immediately before the date of the application".
- "Immediately before" means the 12 months must run right up to that date, and the relationship must still be continuing when you lodge.
- It starts when you first met all the de facto conditions in s 5CB together. That is usually later than your first date. The Department says time spent dating or in an online relationship might not count.
Worked example, on a plain reading of the regulation. A couple moved in together and committed to a shared life on 1 May 2025. The earliest date they can lodge and meet the rule is 1 May 2026, the first day that has a full 12 months before it. Lodging on 20 April 2026 falls short, even if they met in 2024.
Whatever start date you give must match your evidence. The partner visa relationship statement is where you set out how and when the relationship became de facto.
Does time living apart count toward the 12 months?
Yes, if the relationship continued. Living apart for work, study or visa reasons does not by itself break the period. Living separately and apart on a permanent basis does, because at that point s 5CB(2)(c) is no longer met. The de facto page linked at the end of this one explains how a time apart is shown.
Does time before you turned 18 count?
Reg 2.03A(2) requires you and your partner each to be at least 18 when the application is made. The regulation does not say whether months before either of you turned 18 count toward the 12. If that affects you, ask a registered migration agent or lawyer before you lodge.
When does the 12-month rule not apply?
There are three exemptions. None of them removes the need to be in a genuine de facto relationship.
If your relationship is registered with a state or territory registry
Under subregulation 2.03A(5), the 12-month requirement does not apply if the de facto relationship is a registered relationship within the meaning of s 2E of the Acts Interpretation Act 1901 (Cth). That means registered under a state or territory law prescribed by the Acts Interpretation (Registered Relationships) Regulations 2019 (Cth). What registration does not do:
- It does not make you de facto. You still have to meet s 5CB and the matters in reg 1.09A.
- It does not replace relationship evidence across the four factors.
- It is not available everywhere. Only laws of 6 states and territories are prescribed, and a certificate from a scheme that is not prescribed, such as an overseas one, does not count for reg 2.03A(5).
The registries are listed on the page linked at the end of this one.
If there are compelling and compassionate circumstances
Under reg 2.03A(3)(b), the 12-month requirement does not apply if you can establish compelling and compassionate circumstances for the grant of the visa. The Department says you can tell it about those circumstances in writing. The regulation does not list what counts.
If your sponsor holds a permanent humanitarian visa
Under reg 2.03A(4), the 12 months do not apply if your partner holds or held a permanent humanitarian visa, you were in a de facto relationship with them before that visa was granted, and they told the Department about the relationship before the grant. They also do not apply if your partner is an applicant for a permanent humanitarian visa.
How many states and territories have a relationship register?
Six of Australia's 8 states and territories have a register prescribed for this purpose: New South Wales, Victoria, Queensland, South Australia, Tasmania and the Australian Capital Territory. Western Australia and the Northern Territory have none. The list, with fees and waiting periods, is on the page linked at the end of this one.
Does the 12-month rule apply to a married couple?
No. A married applicant meets the relationship requirement as a spouse under s 5F of the Migration Act 1958 (Cth). That needs a marriage valid for the Act, with no minimum period. The four matters in reg 1.15A are the same ones weighed for a de facto couple, but reg 2.03A's 12 months are for de facto claims only.
Does the 12-month rule apply to the subclass 300?
No. The Prospective Marriage visa (subclass 300) is for a couple who intend to marry, not a de facto pathway. Reg 2.03A(3) lists the visas the 12 months apply to, and the subclass 300's class is not among them. Instead, cl 300.214 requires that you have met in person since you both turned 18 and know each other personally.
What happens if you lodge before the 12 months are up?
The rule is measured at the date of application, so an application lodged short of 12 months, with no exemption, does not meet reg 2.03A(3). The Department says it will not refund the application fee if it refuses your application. If you are in Australia and hold no substantive visa after a refusal, s 48 of the Migration Act 1958 (Cth) limits what you can apply for. Schedule 1 item 1124B of the Migration Regulations stops a further onshore partner application by a person caught by s 48 who has been refused a partner visa since they last entered Australia.
Questions about the 12-month de facto rule
How long do you live together before you are de facto for a partner visa?
There is no fixed period of living together in s 5CB. What reg 2.03A counts is 12 months in the de facto relationship itself.
Does a registered relationship shorten the 12 months, or remove them?
It removes the requirement. It does not shorten a period.
What are the new partner visa rules for 2026?
From 1 July 2026, the Department's subclass 820 page says a lower charge applies to eligible Pacific Island and Timor-Leste citizens.
Related to the 12-month de facto rule
- If you have been together less than 12 months, see whether you can register your relationship, and how long each registry takes.
- The partner visa relationship statement is where your start date and any time apart are explained.
- For the full de facto test and the evidence for each factor, see de facto partner visa.
An application lodged one day short of the 12 months, or with a start date the evidence does not support, can be refused, and the charge is not refunded. A registered migration agent or an Australian legal practitioner checks the dates and the exemption before you lodge, so an application they prepare is more likely to succeed. Nobody can promise a grant.
Questions people ask
How long do you have to be de facto to apply for a partner visa?
At least 12 months ending immediately before the date you apply, under reg 2.03A(3) of the Migration Regulations 1994. It is not 6 months and it is not 2 years. The requirement does not apply if the 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).
Do you have to live together for 2 years to be de facto for a partner visa?
No. Two years is not a migration rule. The partner visa asks for 12 months as a de facto couple, and a de facto couple under s 5CB of the Migration Act 1958 must live together or not live separately and apart on a permanent basis. Time apart does not by itself break the 12 months.
Is a registered relationship the same as de facto?
Not quite. Under reg 2.03A(5), a relationship registered under a prescribed state or territory law removes the 12-month requirement. You still have to meet the de facto conditions in s 5CB and prove the relationship.
Does the 12-month rule apply to married couples?
No. A married applicant applies as a spouse under s 5F of the Migration Act 1958, which has no minimum period. The 12-month rule in reg 2.03A applies only to a person who claims to be in a de facto relationship.
Does the 12 months have to be in Australia?
No. Reg 2.03A counts time in the de facto relationship, wherever you were living. It does not require any part of the 12 months to be spent in Australia.
Sources
Primary sources this page was checked against on 23 September 2026.
- Migration Regulations 1994 (Cth), regs 1.09A and 2.03A, compilation 288 in force from 1 July 2026 www.legislation.gov.au
- Migration Act 1958 (Cth), ss 5CB, 5F and 48 www.legislation.gov.au
- Acts Interpretation (Registered Relationships) Regulations 2019 (Cth), s 5 www.legislation.gov.au
- Department of Home Affairs, Partner visa (subclass 820), last updated 10 August 2026 immi.homeaffairs.gov.au