Skip to content

Visas, Immigration and Refugees

Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801)

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

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

There are some specific reasons you may not be eligible for this visa.
See: When you may not be eligible

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