De Facto Partner Visas
For committed couples who are not married.
Overview
The De Facto Partner Visa pathway is for couples who are in a committed, genuine relationship but are not legally married. To be eligible, you generally need to prove that you have been in a de facto relationship for at least 12 months immediately before applying. My expertise is in building a strong case that clearly demonstrates your shared life and commitment, even without a marriage certificate. I guide you on how to meet the strict evidence requirements to prove your de facto status.
Proving a de facto relationship requires more than just showing you live together. The Department of Home Affairs assesses four key aspects: the financial aspects of your relationship, the nature of your household, the social aspects of your relationship, and the nature of your commitment to each other. This means providing evidence like joint bank accounts, shared bills, statements from friends and family, and proof of your long-term plans. I help you collate and present this information in a way that is clear and compelling for the case officer.
The 12-month minimum relationship period is a strict requirement, but there are important exceptions. The most common is registering your relationship with an Australian state or territory government. This can waive the 12-month rule, allowing you to apply sooner. This is a crucial strategy for many couples, and I can guide you through the specific requirements for your state. Other exceptions exist for compelling and compassionate circumstances, which I can assess on a case-by-case basis.
Whether you are applying from inside Australia (onshore 820/801) or outside Australia (offshore 309/100), the burden of proof for a de facto relationship is high. I specialise in preparing applications for de facto couples, understanding the common pitfalls and how to avoid them. My approach is to leave no stone unturned, ensuring your application is as strong as possible from the outset.
Key Facts
How I Work — Step by Step
De Facto Assessment
I review the history of your relationship to confirm you meet the de facto criteria and advise on the best time to apply.
Relationship Registration Strategy
If applicable, I guide you through the process of registering your relationship to strengthen your application and potentially waive the 12-month living together requirement.
Evidence Workshop
We work together to build a portfolio of evidence covering financial, household, social, and commitment aspects of your relationship.
Application Submission
I prepare and submit a meticulously organised application that clearly demonstrates your de facto status to the Department.
Ongoing Support
I continue to manage your application, providing support and advice all the way through to the permanent visa stage.
What I Do
- Assess your eligibility as a de facto couple, including the 12-month requirement.
- Advise on the strategy of registering your relationship to waive the 12-month rule.
- Provide a comprehensive checklist for evidence covering all four assessment pillars.
- Help you and your witnesses write powerful statutory declarations about your relationship.
- Prepare and lodge your de facto partner visa application (onshore or offshore).
- Address any complexities, such as periods of separation or limited financial co-mingling.
- Represent you throughout the entire process until you achieve permanent residency.
Who Is This For?
- ›Couples in a serious, committed relationship for 12 months or more who are not married.
- ›Couples who have recently registered their relationship in an Australian state or territory.
- ›Same-sex and different-sex couples seeking a partner visa based on their de facto status.
- ›Applicants who need expert guidance on how to document their shared life.
Common questions about
Does living together for 12 months guarantee our de facto status?+
Can we still apply if we have had periods of separation?+
Is registering our relationship difficult?+
What if we don't have a joint bank account?+
Free Guide: Preparing a Strong Partner Visa Application
This guide walks you through the evidence the Department actually looks at, the most common reasons partner visas get refused, and how to avoid a genuinely concerning relationship finding. Written from 27 years of experience.
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The information on this page is general in nature and does not constitute legal advice. Thoughts only — not legal advice.