Last updated: 30 March 2026

De Facto Visa Australia: Evidence, Requirements, and How to Apply

The de facto partner visa is one of the most common pathways for couples in a genuine relationship to build a life together in Australia. If you are in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, you can apply for the same partner visa Australia pathway that married couples use. The difference is not the visa itself — it is the type of evidence you need to provide.

This guide covers what defines a de facto relationship under Australian migration law, the evidence the Department of Home Affairs expects, how the visa process works, what it costs, and how long it takes.

What Is a De Facto Relationship Under Australian Migration Law?

Under the Migration Act 1958 and Migration Regulations 1994, a de facto relationship exists when two people are not legally married to each other but live together on a genuine domestic basis as a couple. The law does not require a specific domestic arrangement beyond mutual commitment and cohabitation. Both opposite-sex and same-sex de facto relationships are recognised on the same basis.

The Department of Home Affairs looks for evidence that your relationship is genuine, ongoing, and involves a shared life — not merely a convenient living arrangement. A de facto relationship is assessed against the same four evidence categories as a married relationship: financial aspects, household arrangements, social recognition, and commitment. The main difference is that de facto applicants must also demonstrate that the relationship has existed for a minimum period before the visa can be lodged.

The legal framework treats de facto and married relationships equally for visa purposes. There is no advantage or disadvantage in terms of processing time, cost, or priority based on whether you are married or in a de facto partnership.

The 12-Month Cohabitation Requirement

The most significant requirement for de facto visa applicants is demonstrating that you have been in a de facto relationship for at least 12 months immediately before lodging your visa application. This is a statutory requirement — the Department cannot waive it at discretion.

What counts as cohabitation

Living together means sharing a household on a genuine domestic basis. You need to show a shared residential address, shared household responsibilities, and a domestic life that reflects a committed couple. Brief periods of separation — due to work travel, family obligations, or visa conditions — do not automatically break the 12-month period, but you should be prepared to explain any gaps and provide evidence that the relationship continued during those periods.

The 12-month period must be continuous and must end at the point of lodgement. You cannot aggregate multiple shorter periods of cohabitation to reach 12 months.

When the 12-month requirement is waived

There are two circumstances in which you may not need to show 12 months of cohabitation:

1. Registered relationship. If you have registered your de facto relationship under a prescribed Australian state or territory relationship register, the 12-month requirement does not apply. Registration is available in New South Wales, Victoria, Queensland, Tasmania, the ACT, and South Australia. Each jurisdiction has its own registration process, and registration must be in place at the time of visa lodgement.

2. Compelling and compassionate circumstances. If there is a child of the relationship, or other compelling and compassionate reasons exist, the Department may consider the application without 12 months of cohabitation. This exception is narrowly applied and generally requires strong supporting evidence.

If you cannot demonstrate 12 months of living together and do not have a registered relationship or compelling circumstances, you should not lodge the application. Premature lodgement results in refusal, and the application fee is non-refundable.

Visa Pathways for De Facto Partners

De facto couples apply through the same partner visa pathway as married couples. The subclass you apply for depends on where you are at the time of lodgement.

Onshore Pathway: Subclass 820/801

If you are lawfully in Australia when you lodge, you apply for the subclass 820 (temporary) visa. On lodgement, you are automatically granted a bridging visa A that allows you to remain in Australia, work, and study while your application is assessed. If the Department is satisfied that your relationship is genuine, it grants the temporary 820 visa. After two years from the date your application was first lodged, the Department assesses the permanent stage (subclass 801).

This pathway is the most common for de facto couples who are already living together in Australia on a student visa, working holiday visa, or temporary work visa.

Offshore Pathway: Subclass 309/100

If you are outside Australia when you lodge, you apply for the subclass 309 (temporary) visa. There is no automatic bridging visa for offshore applicants — you remain outside Australia until the 309 is granted, at which point you can enter and live in Australia. The permanent stage (subclass 100) is assessed after two years, following the same process as the onshore pathway.

Choosing Between Onshore and Offshore

This is not a matter of preference. Your location at the time of lodgement determines which subclass applies. If you are in Australia, you apply onshore. If you are outside, you apply offshore. Attempting to lodge the wrong subclass will result in an invalid application.

Evidence Requirements for a De Facto Visa

The strength of your evidence file determines the outcome of your application. The Department assesses your relationship across four categories, and you need substantive evidence in all four. A file that is strong in one area but weak in others raises concerns about the genuineness of the relationship.

Financial Aspects

Demonstrate that you share financial responsibilities or resources. Examples include:

• Joint bank account statements showing regular activity
• Shared credit card or loan accounts
• Joint lease or mortgage documents
• Utility bills in both names
• Evidence that one partner pays expenses for the other (rent, bills, groceries)
• Shared insurance policies

The Department looks for a pattern of financial interdependence over time, not a single snapshot. Bank statements covering several months or years carry more weight than a joint account opened the week before lodgement.

Household Arrangements

Show that you live together and share domestic responsibilities. Key evidence includes:

• Joint tenancy agreement or both names on a lease
• Utility accounts showing the same address
• Mail and correspondence directed to both of you at the same address
• Statutory declarations from both partners describing your daily domestic life
• Evidence of shared household purchases (furniture, appliances)

If you have lived at multiple addresses together, provide evidence for each address. Continuity of cohabitation is important.

Social Recognition

Demonstrate that your relationship is recognised by others. This includes:

• Photographs taken together at different times and in different settings
• Statutory declarations from friends and family confirming your relationship
• Joint invitations to events (weddings, family gatherings, holidays)
• Social media evidence showing your relationship over time
• Joint memberships (gym, clubs, community groups)
• Travel bookings in both names

Breadth matters more than volume. Ten photos from one event are less valuable than two photos from each of five different occasions spread across the relationship.

Commitment

Show that you have made meaningful commitments to each other. Evidence includes:

• Knowledge of each other’s family background and personal circumstances
• Evidence of future plans together (property purchases, family planning, career decisions)
• Registered relationship certificate (if applicable)
• Wills naming each other as beneficiary
• Powers of attorney
• Superannuation or insurance nominations naming your partner

A statutory declaration from each partner describing the history of the relationship, how you met, when you moved in together, and your plans for the future is standard and expected.

Processing Times for De Facto Partner Visas

Processing times for de facto partner visas are the same as for married partner visas. The Department does not differentiate between the two relationship types in its processing queue.

The two-year waiting period before the permanent stage is assessed runs from the date the Department first received your application — not from the date the temporary visa was granted. Most applicants find that the total journey from lodgement to permanent visa takes between three and five years.

For current data, see partner visa processing time.

De Facto Partner Visa Costs

The fee structure for de facto applicants is identical to that for married applicants. There is no additional fee or reduced fee based on your relationship type.

The visa application charge covers both the temporary and permanent stages. There is no second government fee when the permanent visa is assessed. The fee is non-refundable if the application is refused.

For a complete cost analysis, see our partner visa cost breakdown.

Common Mistakes in De Facto Visa Applications

Understanding the most common reasons for delays and refusals helps you avoid them.

Insufficient evidence of cohabitation. The 12-month requirement is strictly enforced. If you cannot produce lease agreements, utility bills, or correspondence showing the same address for 12 continuous months, your application is at risk. Start collecting evidence early and keep copies of everything.

Weak evidence in one or more categories. Some applicants submit strong financial evidence but provide little in the way of social recognition or commitment. The Department assesses all four categories. A gap in any one raises questions that can delay or derail your application.

Lodging before 12 months. If you lodge before completing 12 months of cohabitation (and do not have a registered relationship or compelling circumstances), the application will be refused. The application fee is not refunded.

Inconsistent statutory declarations. Your statutory declarations should be consistent with each other and with the documentary evidence. Significant contradictions between your account and your partner’s account — or between your declarations and your documents — flag the application for further scrutiny.

Not including a relationship registration certificate when one exists. If you have registered your relationship, include the certificate. It strengthens your application and may waive the 12-month cohabitation requirement.

Registered Relationships and De Facto Visas

Registering your de facto relationship under Australian state or territory law serves two purposes for visa applicants. First, it provides strong evidence of commitment. Second, it can waive the 12-month cohabitation requirement — allowing you to lodge the visa application before you have lived together for a full year.

Registration is available in the following jurisdictions:

Western Australia and the Northern Territory do not currently offer a de facto relationship register for migration purposes. If you are based in one of these jurisdictions, you must meet the 12-month cohabitation requirement unless compelling circumstances apply.

Registration typically costs between $0 and $200 depending on the jurisdiction. The process usually takes two to four weeks. You can register your relationship before lodging the visa — the certificate must be in place at the time of lodgement to invoke the waiver.

Frequently Asked Questions

How long do you need to live together for a de facto visa in Australia?

You must have been in a de facto relationship for at least 12 months immediately before lodging your visa application. This means living together on a genuine domestic basis. If you have a child together or have registered your relationship under Australian state or territory law, the 12-month cohabitation requirement may be waived. Brief separations due to work or family obligations do not automatically break the 12-month period, but you should document that the relationship continued during those times.

What evidence do I need for a de facto partner visa?

The Department of Home Affairs assesses evidence across four categories: financial aspects (joint accounts, shared expenses), household arrangements (joint lease, shared address), social recognition (photos, statutory declarations from friends and family), and commitment to the relationship (future plans, wills, powers of attorney). You need strong evidence in all four categories. A file that is rich in one area but thin in others raises concerns.

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

Yes. Australian migration law recognises same-sex de facto relationships on the same basis as opposite-sex relationships. The evidence requirements and visa pathways are identical. There is no distinction in how the Department assesses the genuineness of the relationship. Same-sex couples can also register their relationship in jurisdictions that offer a de facto relationship register.

What is the difference between a de facto visa and a spouse visa in Australia?

There is no separate visa subclass for de facto applicants versus married applicants. Both apply under the same partner visa framework (820/801 onshore or 309/100 offshore). The difference lies in the evidence: married couples provide a marriage certificate as the primary evidence of the relationship’s existence, while de facto couples must demonstrate 12 months of cohabitation or a registered relationship. For more on the spouse visa pathway, see our spouse visa Australia guide.

How much does a de facto partner visa cost in Australia?

The visa application charge for the partner visa (covering both the temporary and permanent stages) is AUD $9,365 for the primary applicant. Additional costs include health examinations ($350 to $500 per person), police clearances ($40 to $120 per country), document translation, and migration agent fees if you choose to use one. The fee is the same whether you are in a de facto or married relationship.

Can I work in Australia while my de facto visa is being processed?

If you applied onshore (subclass 820), you receive a bridging visa A that allows you to live and work in Australia while your application is assessed. If you applied offshore (subclass 309), you generally cannot enter Australia or work here until the temporary visa is granted. Once the 309 is granted, you can enter Australia and work without restriction.

Next Steps

If you are in a de facto relationship and considering a partner visa, start with these actions:

1. Confirm the 12-month requirement. Check whether you have lived together for at least 12 months, or whether you hold a registered relationship certificate that waives this requirement.
2. Start building your evidence file. Collect documents across all four evidence categories now — financial, household, social, and commitment. The earlier you start, the stronger your file will be.
3. Understand the cost. The partner visa is one of the more expensive visa categories. See our partner visa cost breakdown for full details.
4. Check current processing times. Planning your timeline requires knowing how long the process takes. See partner visa processing time.
5. Review the full requirements. For a detailed breakdown of what the Department expects, see our partner visa evidence requirements guide.
6. Consider a MARA-registered migration agent. De facto applications require strong documentary evidence, and the consequences of refusal are significant. Professional guidance reduces risk.

For an overview of how the partner visa Australia pathway works across all relationship types, start with our main partner visa guide. If you are exploring broader options for permanent residency in Australia, our main PR overview covers all available pathways including skilled, family, and employer-sponsored routes.