De Facto Applicant Eligibility

General

You must be at least 18 years at the time of application.

You must not be related by family. This means you and your sponsor must not:

• be an ancestor or descendant of one another
• have a parent in common.

Related by family includes relationships traced through an adoptive parent, and for this purpose, also includes any adoption that may have been declared void or has ceased to have effect.

Sponsorship

You must be sponsored by an eligible sponsor. An eligible sponsor is an Australian citizen or permanent resident, or an eligible New Zealand citizen, who undertakes sponsorship obligations. Generally, the sponsor is the partner of the applicant.

Relationship

You and your partner must have been in a de facto relationship for the entire 12 months immediately prior to lodging your application.
See: One-Year Relationship Requirement

The 12-month relationship requirement may be waived if, at the time of application, one of the following situations applies:

• you can demonstrate compelling and compassionate circumstances, such as if you have children with your partner.
• all the following circumstances apply:
  • your partner is, or was, the holder of a permanent humanitarian visa
  • prior to their permanent humanitarian visa being granted, you were in a relationship with your partner that meets the requirements of a de facto relationship
  • the department was informed of this before the permanent humanitarian visa was granted
• you had registered your de facto relationship.
  Note: De facto relationship registration is not available in all states and territories. If you are considering registering your relationship, check with the relevant state or territory Births, Deaths and Marriages agency for further information.
  See: Births, Deaths and Marriages Registries

You and your partner must show a mutual commitment to a shared life to the exclusion of all others. You and your partner must be living together or, if not, any separation must be only temporary. You must also have a genuine and continuing relationship with your partner.
See: Evidence of a Genuine and Continuing Relationship

Note: Under certain circumstances, you may still be eligible to apply for and be granted, or continue to be an applicant for, a Partner visa in Australia if:

• your relationship breaks down and you and your partner have custodial rights under the Family Law Act 1975 for any children aged under 18 years that you and your partner may have
• your partner dies, and you can establish that, had your partner not died, the relationship would have continued and that you have developed close ties with Australia.

If this situation occurs, you should contact the relevant departmental office in Australia that has been processing your visa application.
See: Contact us

Health requirements

You must meet certain health requirements. Please do not undertake a health check unless requested to do so.
See: Health Requirements for Visa Applicants

Character requirements

You must meet character requirements.
See: Character and Penal Clearance Requirements

When you may not be eligible

If you are applying outside Australia and you or your accompanying dependent family members have a debt to the Australian Government, you may not be granted a visa until satisfactory arrangements have been made to pay that debt.

If you believe you or your accompanying dependent family members have an outstanding debt to the Australian Government, you should contact your nearest departmental office or Australian mission before making an application.
See: Contact Us

Australian Values Statement

If you are aged 18 years or over, you are required to sign an Australian values statement. The statement is included in your visa application form and all applicants aged 18 years and over will need to sign it to confirm that they will respect the Australian way of life and obey Australian laws. Before signing this statement you are required to have read, or had explained to you, material made available by the government on life in Australia which is contained in the Life in Australia book.

The Life in Australia book provides more information on the values that Australians share and their way of life.
See:
Australian Values - Overview
Life in Australia Book

Before lodging an application, please read all related requirements.
See: Eligibility