De facto

A de facto relationship is one where you and your partner are not legally married to each other but:

• you are committed to a shared life excluding all others; and
• your relationship is genuine and continuing; and
• you live together; or do not live separately and apart on a permanent basis; and
• you are not related by family.

A de facto relationship can be with someone of the same or different sex.¹

Subclass 820 Partner visa (temporary) eligibility²

To be a de facto partner, you must be in a de facto relationship.

Usually you must be in a de facto relationship for at least 12 months immediately before you apply for this visa. Time spent dating or in an online relationship might not count as being in a de facto relationship.

The 12-month requirement will not apply if you can show us compelling and compassionate circumstances exist for you to be granted the temporary Partner visa (subclass 820).

The 12-month requirement also will not apply if:

• your de facto partner holds or held a permanent humanitarian visa; and
• your de facto relationship existed before we granted their visa; and
• your de facto partner told us about the relationship before we granted their visa.

It also will not apply if:

• you are in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa, or
• you have registered your relationship with an Australian State or Territory authority such as a registry of births, deaths and marriages.

References

1. Department of Home Affairs, Glossary, De facto: immi.homeaffairs.gov.au ↩

2. Department of Home Affairs, Partner visa (subclass 820), Eligibility: immi.homeaffairs.gov.au ↩