How to Apply for a De Facto Visa in Australia: Step-by-Step Guide

Applying for a de facto visa in Australia can be a significant step in building a life with your partner in the country. If you're in a genuine, ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, this visa allows you to live and work together in Australia. The process involves several steps and understanding them clearly can make a huge difference in ensuring a smooth application. 

What is a De Facto Visa? 

A de facto visa allows you to stay in Australia if you're in a relationship with someone who meets the criteria, but you're not married. This type of visa can be granted under two categories: the onshore partner visa (subclass 820 and 801) and the offshore partner visa (subclass 309 and 100). The onshore visa allows you to apply while living in Australia, while the offshore visa lets you apply from outside Australia. 

Some people also refer to this type of visa as the spouse visa Australia, especially when comparing options for married couples and de facto partners. 

Step 1: Check Your Eligibility 

Before you start the application, it’s important to check if you meet the basic requirements for the visa. Some key eligibility factors include: 

• Relationship Requirements: You must prove that your relationship is genuine and ongoing. For de facto relationships, you must have lived together for at least 12 months unless there are special circumstances like having a child together. 

• Age Requirements: Both you and your partner need to be at least 18 years old. 

• Health and Character: You must meet certain health and character standards. This includes undergoing medical exams and providing police clearance certificates from countries you've lived in for over 12 months in the past 10 years. 

• Sponsorship: Your partner must be an Australian citizen, permanent resident, or eligible New Zealand citizen, and they must be willing to sponsor you. 

Step 2: Gather Required Documents 

The next step in applying for the partner visa Australia is to gather all the required documentation. These documents prove the legitimacy of your relationship and your eligibility for the visa. The typical documents you will need include: 

• Proof of Identity: Passports, birth certificates, or any official ID. 

• Proof of Relationship: This is perhaps the most important part of the application. You’ll need to provide evidence such as joint bank account statements, rental agreements showing both your names, photos together, and statements from friends or family confirming your relationship. 

• Health and Character Documents: As mentioned earlier, medical examinations and police certificates are required. 

Having these documents prepared in advance can help speed up the process and prevent any delays in your application. 

Step 3: Submit Your Application 

Once you have all your documents, you can apply online through the Department of Home Affairs website. You will need to create an account, fill out the application forms, and upload all the required documents. It’s important to double-check everything to avoid mistakes that could delay the process. 

Step 4: Wait for Processing 

After you’ve submitted your application, it’s time to wait. The processing time for a partner visa Australia can vary. Typically, the temporary visa (subclass 820) takes between 13 to 18 months for onshore applications, while the permanent visa (subclass 801) generally takes another 24 months. Offshore partner visas (subclass 309) may take between 14 to 20 months. 

During this time, the immigration authorities may contact you if they need more information or documentation. You can track the progress of your application through your Immi Account. 

Step 5: Decision and Visa Grant 

If your application is successful, you will first be granted a temporary partner visa (subclass 820) while your permanent visa (subclass 801) is processed. The temporary visa allows you to live, work, and study in Australia, and once you meet the criteria, you can transition to the permanent visa. After holding the temporary visa for a couple of years and proving that your relationship is still genuine, you will be granted the permanent visa (subclass 801). 

What Happens if Your Relationship Ends? 

If your relationship ends before your visa is granted, it can affect your application. However, if you can prove that the relationship was genuine and ongoing before it ended, you may still be able to get the visa. It's important to contact a migration agent if you find yourself in this situation. 

Step 6: Apply for Australian Citizenship 

Once you receive your permanent partner visa, you may be eligible to apply for Australian citizenship after meeting the residency requirements. This includes living in Australia for a specified period and demonstrating good character. 

Living the Dream in Australia with Your Partner 

Applying for a de facto visa in Australia is a big step toward a future with your partner in Australia. The process requires thorough documentation, patience, and meeting specific eligibility criteria.  

If you're unsure about any part of the application process or want expert guidance, KnN Migration can provide valuable support to help you through every stage of the journey.