You can join your de facto partner in Australia by applying for a partner visa for Australia.
Find out what are the requirements for a de facto relationship.
Who is eligible to apply for a Partner visa for Australia?
To have a partner visa for Australia granted, you must meet the following requirements:
- Be above 18 years old when applying for a partner visa,
- Have a sponsor who meets sponsorship requirements,
- Meet health and character requirements,
- Provide relevant and sufficient evidence that your relationship is genuine and continuing.
The sponsor is your spouse or a de facto partner in Australia who must meet health and character requirements too, but must also be:
- an Australian citizen, or
- an Australian permanent resident or
- an eligible New Zealand citizen.
Partner visa outside Australia or Partner visa in Australia
There are two partner visa types depending on the location of the applicant at the moment of applying for a partner visa for Australia:
- Offshore partner visa for Australia 309/100 for applicants outside Australia, and
- Onshore partner visa for Australia 820/801 for applicants in Australia.
Getting a permanent partner visa for Australia is a 2-stage-process. The first stage is a temporary visa and the second stage is a permanent visa.
You might be eligible to skip stage 2 and get a permanent partner visa for Australia in one application. Please, check if you meet the requirements for this option.
When you apply for an offshore partner visa for Australia, you must be outside Australia when you apply and when the decision on your visa is issued. The same applies for onshore partner visa for Australia, only you must be in Australia in both cases.
What are the requirements for a relationship with a de facto partner in Australia?
You are eligible for a partner visa for Australia if you and your de facto partner:
- are in a de facto relationship for at least 12 months,
- have a mutual commitment to a shared life to the exclusion of all others,
- are in a genuine and continuing relationship,
- live together or do not live separately and apart on a permanent basis, and
- are not related by family, blood or marriage.
Length of a relationship with a de facto partner in Australia
You will need to show evidence that you and your partner have been in a de facto relationship for at least 12 months before applying for the partner visa for Australia.
You may be exempt from this requirement if you can provide evidence that there are some compassionate and compelling circumstances. Exemption can be granted also on other grounds. Be sure to check if this can apply to your case beforehand.
Commitment to a shared life with a de facto partner in Australia
Having a more casual relationship, better known as ‘dating’ or having an online relationship are generally not regarded as being in a de facto relationship.
You must be able to show that you have met in person and that you lived together.
Showing that your relationship with a de facto partner in Australia is genuine and lasting
In order to prove that you are in a genuine de facto relationship you must show the following:
- Meeting your partner and the development of your relationship,
- Evidence that you lived together for a certain period of time,
- Evidence of maintaining contact while living apart,
- Other evidence of your shared activities and plans.
Costs of an application for a partner visa for Australia
Visa application charge for a partner visa for Australia is $7,715 AUD for the main applicant.
The charge is the same regardless if you apply for the onshore partner visa for Australia or offshore partner visa for Australia.
Extra costs apply for every family member included in your partner visa application. For a dependent child included in your application, the additional charge is $1,935 AUD.
Besides these, there can be other costs included. Extra costs apply for medical examination, biometric data collection (if required), registered migration agent services, etc.
How is COVID-19 affecting your relationship with a de facto partner in Australia?
I applied for an offshore partner visa for Australia, but I am in Australia now
If this is your case and you can’t depart just to have your visa granted, there is some good news!
Australian Government has recently announced the introduction of a new law.
This law will allow the applicants for partner visa 309/100 to be granted the visa even if they are in Australia. The new law is still not effective, but it is expected to start from early 2021 and be valid until 31 December 2021.
I want to meet now with my de facto partner in Australia
Since the COVID-19 pandemic started, Australia implemented some strict travel restrictions.
Those include a travel ban for Australian citizens or permanent residents in Australia for overseas travel. Besides, all entrants on temporary visas must be exempt from travel ban to be able to enter Australia.
If you are outside Australia now and your de facto partner in Australia cannot travel overseas, then you might be eligible to apply for a tourist visa for Australia.
Based on your de facto relationship, you can also be granted the exemption to travel and meet with your de facto partner in Australia.
If you meet all the requirements, then you have higher chances of succeeding. Immediate family members, where de facto partners are included too, are generally granted the exemption to travel.
I was granted an offshore partner visa for Australia now
Generally speaking partner visa holders do not need exemption to travel to Australia. But, make sure you check before travelling as some Australian states/territories do require their own exemptions to travel.
How can we help
Be free to contact us if you:
- Want to apply for an onshore or offshore partner visa for Australia based on your relationship with a de facto partner in Australia,
- Have already applied for an offshore partner visa for Australia, but you are separated from your partner who is in Australia now and want to be together as soon as possible,
- Would like to discuss your visa options for Australia.
You can also book a consultation with our registered migration agent to discuss your visa options for Australia.
If you paid the consultation fee, we will give you a discount and reduce the payment of our full service for the price of consultations.
For updated information, check the website of the Department of Home Affairs.