De-facto Applicant Eligibility
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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 spouse 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 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 and your partner must show a mutual commitment to a shared life as husband and wife 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 Spouse 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.
See: Health requirements
Character requirements
You must meet character requirements.
See:
Character and penal clearance requirements
Reliance on social security
If your circumstances, or those of your sponsor, indicate that you or your accompanying dependent family members are likely to become high users of Australia's social security system, you may need an Assurance of Support (AoS) from an Australian citizen or Australian permanent resident.
If you need an AoS, the department will send you a letter advising you that you need an AoS, and explaining how to get one.
See: Assurance of Support
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 eligibility requirements.
See: Other eligibility