Originally published: November 2022 | Last reviewed and updated: June 2026
The de facto partner visa allows the unmarried partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live, work, and study in Australia. The application process and criteria closely mirror the married partner visa, with one key difference: couples do not need to be married at the time of application, but must generally demonstrate at least 12 months of living together in a genuine de facto relationship.
Two visa pathways are available depending on where the applicant is located when they apply:
| Visa | Stream | Where Applied | Outcome |
|---|---|---|---|
| Subclass 820 (temporary) and 801 (permanent) | Onshore | Inside Australia | Bridging visa granted on lodgement |
| Subclass 309 (provisional) and 100 (permanent) | Offshore | Outside Australia | No bridging visa |
For personalised advice on which pathway suits your circumstances, book a consultation with Augustine and Co.
12-Month Requirement Waivers
Section 5CB of the Migration Act 1958 defines a de facto relationship as one where:
The couple is not married to each other
They have a mutual commitment to a shared life to the exclusion of all others
Their relationship is genuine and continuing
They live together or do not live permanently apart
They are not related by family
Regulation 2.03A of the Migration Regulations 1994 requires the couple to have been in a de facto relationship for at least 12 months immediately before lodging the application. This 12-month requirement can be waived in two circumstances:
1. Relationship Registration
If the couple formally registers their relationship with a relevant Australian state or territory authority, the 12-month requirement is waived. Registration provides legal recognition as a couple under state law and is accepted by the Department of Home Affairs as satisfying the de facto relationship requirement without the 12-month cohabitation period.
Relationship registration is currently available in the following Australian states and territories:
New South Wales
Victoria
Queensland
South Australia
Western Australia
Tasmania
Australian Capital Territory (ACT)
Northern Territory
Registration waives the 12-month timeline but does not waive the requirement to prove the relationship is genuine. Strong supporting evidence across the four relationship pillars (financial, social, household, and commitment) remains mandatory.
2. Compelling and Compassionate Circumstances
Where relationship registration is not possible, the Department of Home Affairs may waive the 12-month requirement where compelling and compassionate circumstances exist. These may include:
The couple has dependent children
The couple could not cohabit due to cultural customs, traditions, or laws in the applicant’s home country
The couple is in a same-sex relationship that is considered illegal or dangerous in their home country
The applicant holds or is applying for a humanitarian visa
This is a high threshold. Augustine and Co. recommends seeking legal advice before relying on compelling and compassionate circumstances as the basis for waiving the 12-month requirement.
What Evidence Is Required for a De Facto Partner Visa?
The Department of Home Affairs assesses de facto relationships across four pillars. A strong application provides documented evidence across all four:
The strength of the overall application matters more than any single document type. A large volume of evidence across all four pillars consistently demonstrates genuine commitment. For guidance on building a strong evidence package for your specific circumstances, book a consultation with our partner visa team. You may also find our related blog on what the Department looks for in a partner visa application useful.
Including Dependent Children
Dependent children can be included in a de facto partner visa application in one of two ways:
At the time of lodgement, by including the child as a secondary applicant in the original application
After lodgement, but before the Department makes a decision on the application
If the applicant has already been granted a temporary de facto visa (Subclass 820 or Subclass 309), dependent children who were not included in the original application can still be brought to or remain in Australia on a Subclass 445 (Dependent Child) visa. The Subclass 445 allows the child to remain in Australia until a decision is made on the parent’s permanent partner visa.
Allows For a Bridging Visa Grant
Applicants who lodge a Subclass 820 partner visa application while they are in Australia (onshore) are automatically granted a Bridging Visa A (BVA) if they meet both of the following conditions:
They are onshore at the time of lodgement
Their current visa does not have condition 8503 (No Further Stay)
The BVA allows the applicant to remain lawfully in Australia while the Department processes the Subclass 820 application. This is one of the key practical advantages of the onshore pathway. It means partners do not have to live in separate countries during what is typically a lengthy processing period.
Important: Applicants with condition 8503 on their visa are not eligible for a BVA on lodgement. In these circumstances, the applicant may need to apply for a waiver of condition 8503 before lodging the partner visa. Augustine and Co. recommends seeking legal advice before lodging if condition 8503 applies.
Bridging visas are not granted for the offshore Subclass 309 pathway. Offshore applicants do not receive work rights or the ability to remain in Australia automatically while their application is processed.
Full Working Rights and Access to Medicare
Onshore applicants (Subclass 820) who are granted a BVA receive the following entitlements from the date of lodgement:
Full working rights with no restriction on hours or employer
Access to Medicare from the date the Subclass 820 application is lodged
The ability to travel outside Australia and re-enter on the BVA (subject to BVB grant)
The BVA contains no work condition restrictions (nil visa conditions), which means onshore applicants can commence or continue full-time employment without waiting for the substantive visa to be decided.
Offshore applicants (Subclass 309) do not receive a bridging visa on lodgement and therefore do not have automatic work rights or the right to remain in or enter Australia while the application is processed. The Subclass 309 is processed offshore and the applicant must wait for the visa to be granted before travelling to Australia.
Processing Times and Application Costs
De facto partner visa applications are among the longest-processing visa categories in the Australian immigration system. Current processing times as published by the Department of Home Affairs are:
Subclass 820 (onshore temporary): 75% of applications within 19 months; 90% within 30 months
Subclass 309 (offshore provisional): 75% of applications within 20 months; 90% within 32 months
Processing times are indicative and vary based on individual circumstances, the complexity of the evidence, and whether the Department requires additional information.
Application charge (as of June 2026):
Primary applicant: AUD 8,850
Secondary applicant aged 18 or over: AUD 4,430
Secondary applicant aged under 18: AUD 2,215
These fees apply at lodgement and are not refunded if the application is refused.
For a full breakdown of costs including additional service fees, book a consultation with Augustine and Co.
Frequently Asked Questions
Q. What is a de facto partner visa in Australia?
The Australian de facto partner visa (Subclass 820/801 for onshore applicants, Subclass 309/100 for offshore applicants) allows the unmarried partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live, work, and study in Australia. It is assessed on the same criteria as the married partner visa. For advice on eligibility, book a consultation.
Q. How long do you need to be in a de facto relationship before applying for a partner visa?
Generally, the couple must have been in a de facto relationship for at least 12 months immediately before lodging the visa application. This requirement can be waived if the couple registers their relationship with a relevant Australian state or territory authority, or if compelling and compassionate circumstances exist.
Q. Can I register my de facto relationship to avoid the 12-month requirement?
Yes. Relationship registration with a relevant Australian state or territory authority waives the 12-month cohabitation requirement. Registration is available in New South Wales, Victoria, Queensland, South Australia, Western Australia, Tasmania, the ACT, and the Northern Territory. Registration does not remove the requirement to demonstrate a genuine relationship.
Q. Can I work in Australia while my de facto partner visa is being processed?
Onshore applicants (Subclass 820) are granted a Bridging Visa A (BVA) on lodgement (provided there is no condition 8503 on their current visa). The BVA carries nil visa conditions, meaning the applicant can work full-time from the date of lodgement. Offshore applicants (Subclass 309) do not receive a bridging visa and cannot work in Australia while their application is processed.
Q. Can I include my children in the de facto partner visa application?
Yes. Dependent children can be included at the time of lodgement or after lodgement, before the Department makes a decision. If the applicant has already been granted a temporary partner visa, children can be brought to Australia on a Subclass 445 (Dependent Child) visa.
Q. What happens after the temporary de facto partner visa is granted?
After the temporary visa is granted, the couple must continue to demonstrate their genuine relationship until the Department assesses the permanent stage. For onshore applicants, the permanent Subclass 801 visa is generally decided approximately two years after the original Subclass 820 application was lodged, provided the relationship continues. For couples who have been in a relationship for more than three years at the time of the original application, or who have a dependent child, the permanent visa may be granted sooner. See our related article on partner visa pathways and benefits for more detail.
Q. What evidence does the Department of Home Affairs require for a de facto partner visa?
The Department assesses the relationship across four pillars: financial, household, social, and commitment. Evidence includes joint bank account statements, shared tenancy agreements, Form 888 statutory declarations from friends and family, joint travel records, photographs, and evidence of ongoing communication during periods apart. See our related article on what a de facto relationship requires.
Conclusion
The de facto partner visa is one of the most evidence-intensive visa categories in the Australian immigration system. A well-structured application that clearly documents the relationship across all four evidence pillars, and that addresses potential issues such as periods of separation or a relationship shorter than 12 months, significantly improves the prospects of a successful outcome.
Augustine and Co. advises de facto couples across all stages of the partner visa process, from initial eligibility assessment and evidence preparation through to the permanent visa stage. To discuss your specific circumstances, book a consultation with our partner visa team.
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Author
Calvin Augustine is the founding solicitor of Augustine & Co. Immigration Lawyers. He graduated with Honors from the University of London law school, before being admitted to practice in Malaysia and Australia (admitted in SA, appears in all Victorian Courts and Tribunals, at trial and appellate levels).
