De facto partner visas
Onshore and offshore applications
Living Together Is Not The Same As Being De Facto
Not married, and wondering whether you qualify as de facto?
Been told you need twelve months of living together?
Or considering registering your relationship to get around it?
Applying as de facto partners works differently to applying as a married couple. The difference is where most of the avoidable problems come from.
Ask About Your De Facto Application
Submit the form and we will be in touch to arrange a time.
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Does This Sound Like Your Situation?
Together Less Than 12 Months
De facto applicants generally need the relationship to have existed for at least twelve months before lodging. Married couples face no such requirement. There are exceptions, and they are narrower than most people expect.
Thinking Of Registering Your Relationship
Registration can remove the twelve month requirement in some states. It does not prove you are de facto, and on its own it will not carry an application.
Not Sure If You Are Actually De Facto
Sharing a house does not make you de facto, and living apart does not necessarily mean you are not. The legal test is about commitment, not addresses.
What Actually Makes A Relationship De Facto?
A de facto relationship is not defined by a lease or a shared address. The law looks at whether you have a mutual commitment to a shared life together to the exclusion of others, whether the relationship is genuine and continuing, and whether you live together or at least are not living separately and apart on a permanent basis.
That produces two results people find surprising. You can share a home for years and not be de facto, because cohabitation on its own is not commitment. And you can spend periods living apart, for work or visa reasons, and still be de facto, provided the separation is not permanent and the commitment holds.
Married couples skip this question entirely. A valid marriage recognised under Australian law establishes the relationship type on its own. De facto applicants have to prove theirs, which is why the evidence expectations are heavier.
Why Registering Your Relationship Is Not A Shortcut
Here is the trap we see most often. A couple works out they have not been living together for twelve months, hears that registering the relationship solves it, registers, and lodges. Then the application runs into trouble.
Registration and the de facto test are two separate things. Registering your relationship under a prescribed state or territory law can remove the twelve month requirement. It does not establish that you are in a de facto relationship, and it is not treated as proof that your relationship is genuine. You still have to demonstrate the commitment, the shared life, and the evidence behind it.
Registration is also not available everywhere, and some registers have their own eligibility and residence rules. Whether it helps you at all depends on where you are and what your relationship history looks like.
Registered Migration Agents Who Handle De Facto Applications
De facto applications carry a heavier evidence burden than married applications. Every member of our team is a Registered Migration Agent bound by the MARA Code of Conduct.
Emma Drynan
Registered Migration Agent (MARN 0960361)
Rofia Mavaddat
Registered Migration Agent (MARN 1467678)
Julie Van Arts
Registered Migration Agent (MARN 1383806)
How We Help With Your De Facto Application
De facto applications turn on when the relationship legally began and what you can prove about it. Here is how we work through yours.
Step 1 - Consultation
We go through your relationship history and work out when, in legal terms, your de facto relationship actually began.
Step 2 - Test Your Position
We check whether you meet the twelve month requirement, whether an exception applies, and where your evidence is thin.
Step 3 - Written Advice And A Plan
You receive our assessment in writing, including whether lodging now or waiting puts you in a stronger position.
What Our Clients Have To Say
We’ve successfully helped thousands of couples from 96 different countries successfully apply for their visas. Watch below for some of our couple’s kind words!
Frequently Asked Questions
Here are some questions we’re often asked about our services. If yours isn’t covered, feel free to get in contact with us!
A valid marriage recognised under Australian law establishes your relationship type on its own, and there is no minimum length requirement. De facto applicants have to prove the relationship meets the legal definition, and generally have to show it has existed for at least twelve months before lodging. The visa subclasses and the evidence categories are the same. The threshold questions are not.
No, and this is the most common misunderstanding. The requirement relates to the length of the de facto relationship, not the length of time at the same address. Working out when your relationship became de facto in the legal sense is a judgement call, and it is often earlier or later than couples assume.
Registration can remove the twelve month requirement where it is available, but it is not a shortcut through the rest. You still have to satisfy the definition of a de facto relationship and provide the evidence to support it. Registering a relationship that does not yet meet the definition does not fix the underlying problem, and can create a weak application.
Possibly. The test asks whether you live together or do not live separately and apart on a permanent basis. Couples separated by work, study or visa restrictions can still qualify, but the explanation and the evidence need to be handled carefully. This is worth advice rather than guesswork.
Evidence is assessed across four areas: your finances, your household, the social aspects of your relationship, and the nature of your commitment to each other. De facto applicants generally need to cover all four more thoroughly than married applicants, because the relationship itself is what is being established.
Yes, and they are narrower than people hope. Relationship registration is one. Compelling and compassionate circumstances, such as a dependent child of the relationship, can be another. Whether either applies to you depends on your specific circumstances and where you are located.
It removes the twelve month question and simplifies the relationship type, but it is a significant life decision and not one we would push you toward for visa convenience. Plenty of de facto applications succeed. What matters is understanding your position before you lodge, not reshaping your relationship around the paperwork.
Our consultations are designed to educate and empower you, to make you confident about choosing the right Partner Visa pathway for your relationship.
Our initial process looks like this:
1. Make your booking by filling out the form above
2. Receive and complete a short questionnaire
3. Have your 1 hour consultation by video conference or phone call. Here, we’ll go over your love story and then delve into the legalities involved in applying for your visa. Answering any questions you may have as we go along.
4. After your session we’ll send through a written summary of our chat and our recommendations on your next steps.
We guarantee to provide honest, candid advice about your application.
We also promise not to bamboozle you with legal jargon, make false promises or force you into a corner with aggressive sales tactics.
Instead, we’ll give it to you straight. Honest, fluff-free advice so you don’t waste your time and hard-earned cash.
At Freedom Migration we pride ourselves on transparency and honesty and our reputation says the same. As such, we like to set your expectations of the consultation by outlining what’s not included in an initial Partner Visa consult.
1. A full visa application – our initial consultation is usually a 1 hour session in which we help uncover any mitigating factors and provide you with a clear strategy towards the right visa.
2. While we are generous with knowledge in your initial consult, it will not leave you with a full understanding of migration law. Migration law is not that simple! However, we will guide you and provide actionable steps to get you closer to visa approval.
We know a lot of other migration companies offer a 15-minute free discussion. But the truth is these sessions are not about helping you, they’re about giving you the hard sell. And you’ll be chatting to a salesperson not a qualified lawyer or migration agent.
At Freedom Migration our consultation sessions are designed to educate and empower. We take time to understand your story, and unique circumstances. We walk you through all the requirements and pitfalls. And we leave you with complete certainty about the next steps for your visa application process.
Honestly, we believe that the No Visa. No Fee offer made by other migration agents is a little misleading. Visa applications aren’t always a straight yes or no, often additional documentation is needed, a second application, or an appeal.
We’re upfront about our costs and charge a price that represents the work involved and our trusted reputation means we don’t have to rely on gimmicks to win new clients.
We operate in accordance with the Code of Conduct. Our Partner Visa Consultations are not a guarantee of Visa Application success. If we find there is no visa suitable for your situation, we will be honest and let you know. If your situation is complex and requires in more depth consideration in accordance with legislation then we will provide you with a fixed price quote for this.
We have endeavoured to ensure that all information given on this page is accurate at time of publishing, however, Australian immigration legislation and policy is constantly changing without notice. Information on this page is to be used as a general guide only and does not in any way constitute immigration or legal advice. Always seek professional advice from a Registered Migration Agent about your specific circumstances before lodging any visa application.