The De Facto Partner Visa is not a separate visa Subclass. It is a distinct eligibility pathway within the same partner visa framework available to married couples. De facto couples apply for the Subclass 820/801 if the applicant is in Australia, or the Subclass 309/100 if the applicant is outside Australia. The Department of Home Affairs assesses de facto applications using the same four relationship evidence categories and the same criteria as married partner visa applications.
Onshore — Subclass 820/801 If your de facto partner is in Australia at the time of lodgement, you apply for the Subclass 820/801. A Bridging Visa A is issued to most applicants shortly after lodgement, allowing your partner to remain in Australia lawfully while the application is assessed.
Offshore — Subclass 309/100 If your de facto partner is outside Australia at the time of lodgement, you apply for the Subclass 309/100. Once the Subclass 309 is granted, your partner can travel to and remain in Australia while the permanent stage is assessed.
We can help you if:
Your eligibility for the De Facto Partner Visa depends on the nature of your relationship, how long you have been living together, and whether any exemption from the 12-month cohabitation requirement applies. Here is what to check first.
The 12-month cohabitation requirement refers to living together on a genuine domestic basis, not simply the length of the romantic relationship. Two exemptions apply: where the relationship is registered under the law of a recognised Australian state or territory — available in New South Wales, Victoria, Queensland, South Australia, Tasmania, and the ACT. Western Australia and the Northern Territory do not have registration schemes recognised for migration purposes. Where the couple has a biological or adopted child together. Registration waives the timing requirement but does not remove the need to demonstrate the relationship is genuine and continuing across all four evidence categories. We advise on whether an exemption applies to your circumstances regardless of where in Australia your sponsor is based.
Every de facto partner visa application is assessed against two things: the strength of your relationship evidence across four categories, and whether you meet the mandatory health and character requirements. Both must be in order before lodgement.
Relationship evidence is assessed across four categories. Every category must be addressed at lodgement.
The strength of your application depends on how well each category is covered. For de facto couples, the household category receives particular attention. The sponsor must also submit a separate sponsorship application at the same time. We advise on exactly what is required for your specific circumstances at the initial consultation you have with us.
Identity, health, and character checks are mandatory for every applicant and must be completed before lodgement. The table below sets out what is required and what to watch for.
Requirements vary depending on your specific circumstances. We confirm exactly what is needed at the initial consultation.
"We had already tried to put our application together ourselves and quickly realised how much we were missing. Partner Visa Lawyers reviewed everything, identified the gaps in our evidence, and lodged a complete application within weeks. We felt in control of the process for the first time."
"My situation was complicated. I had a previous visa refusal and my partner and I had spent long periods apart due to work. They understood the risks upfront, built submissions that addressed them directly, and kept us informed at every stage."
"The advice was specific, practical, and honest. We knew exactly what the Department would be looking for and what we needed to provide. No surprises. Just clear legal guidance from people who know partner visas inside out."
In addition to the government application charge, most applicants will incur other costs as part of the process, including health examinations, police clearance certificates, and document translation where applicable. These vary depending on your individual circumstances and country of origin. Contact us for a full cost overview tailored to your situation.
The De Facto Partner Visa uses the same processing framework as the married partner visa. The stage that applies to you depends on whether you are applying onshore or offshore. Understanding both timelines helps you plan realistically.
