Moving to Australia to live with partner is a major life step. Whether you're already living together or planning to join them soon, understanding how to apply for a defacto relationship visa is essential. Many couples think love is enough, but when it comes to immigration, the process requires much more than just good intentions.

This guide explains everything you need to know from how to qualify, what proof is required, what mistakes to avoid, and how legal support can ease the process. It’s written for couples who want clarity, not complexity, and who are serious about securing their future together in Australia.

What Is a Defacto Relationship Visa?

A defacto relationship visa allows an unmarried partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia on the basis of a real, committed relationship. It’s one of the two main pathways under the Australian Partner Visa Program. While marriage is not a requirement, the relationship must meet a high legal standard to qualify.

The visa generally involves two stages:

• Temporary Partner Visa (Subclass 820 if applying within Australia, or Subclass 309 if applying from overseas)
  
  
• Permanent Partner Visa (Subclass 801 or 100), granted after a period of continued relationship and further assessment
  
  

The temporary visa allows the applicant to stay, work, and access Medicare in Australia while the permanent visa is processed. If the relationship continues and meets the criteria, permanent residency is later granted.

More information on eligibility and criteria is outlined on this official defacto relationship visa page.

Who Can Apply and What Makes You Eligible?

Not everyone qualifies for a defacto visa, even if they are in a serious relationship. The Department of Home Affairs looks for specific factors to assess eligibility.

To be eligible, both partners must:

• Be at least 18 years old
  
  
• Be in a genuine, exclusive, and ongoing relationship
  
  
• Have been living together for at least 12 months before the application (unless in a registered relationship in certain states)
  
  
• Intend to live together permanently
  
  
• Be able to provide evidence of shared life across financial, emotional, social, and household domains

In addition to relationship criteria, the applicant must meet basic health and character requirements, including police checks and medical examinations.

Relationship registration in states like Victoria, Queensland, and New South Wales may allow applicants to bypass the 12-month cohabitation requirement. However, even in those cases, evidence of a committed, long-term partnership is still required.

What Kind of Proof Do You Need?

One of the most important parts of your application is showing proof that your relationship is real and functioning as a shared life. The Department assesses your application based on four main aspects:

Financial Aspects of the Relationship:
Joint bank accounts, shared bills, joint purchases, insurance policies, and any financial commitments such as rent or mortgage payments.

Living Arrangements:
Lease or ownership documents, utility bills, and any shared household responsibilities like groceries, chores, and care of pets.

Social Evidence:
Photos of events together, travel itineraries, invitations addressed to both, social media posts, and statutory declarations from friends or family members who know you as a couple.

Commitment to a Shared Future:
Personal written statements, future travel plans, joint goals, or evidence showing ongoing intentions like planning a family, buying property, or long-term projects.

Consistency across all documents is essential. If timelines, facts, or dates don’t align across your paperwork and statements, the case officer may raise concerns, delaying your application or leading to refusal.

Applying From Inside vs. Outside Australia

Where the applicant is located at the time of application impacts the visa pathway.

Onshore (Subclass 820 and 801):
If applying while already in Australia on another visa, the applicant may receive a Bridging Visa that allows them to stay lawfully until the application is processed. Work rights and access to Medicare usually apply.

Offshore (Subclass 309 and 100):
If applying from outside Australia, the applicant must wait for the temporary visa to be approved before entering the country. They can later transition to the permanent visa if the relationship continues.

If planning to visit Australia during the wait, always check the visitor visa conditions to avoid breaching terms that may affect your application.

How Long Does the Process Take?

Visa processing times can vary depending on the complexity of the case and the current backlog.

Typical timeframes are:

• Temporary Partner Visa: 9 to 24 months
  
  
• Permanent Partner Visa: an additional 12 to 24 months after the temporary visa is granted

Delays often occur when documentation is missing, inconsistent, or if immigration requests further information. Well-prepared applications with comprehensive supporting material tend to progress more smoothly.

What Happens if the Relationship Ends?

If the relationship ends during the visa process, it can affect the outcome. However, certain circumstances may allow the application to proceed:

• If there has been domestic or family violence during the relationship
  
  
• If the couple shares custody of a child
  
  
• If there are strong compassionate or compelling reasons
  

These situations are sensitive and require careful legal handling. It’s important to speak with a migration professional immediately if the relationship ends or circumstances change.

Common Issues That Lead to Refusals

Many applications are refused not because the relationship is not real, but because the application lacks the required evidence or is poorly presented.

Here are some of the most common issues:

• Incomplete or missing documents
  
  
• Personal statements that are too general or inconsistent
  
  
• Discrepancies in dates, addresses, or life events
  
  
• Poor communication with immigration after lodging the application
  
  
• Not updating changes to living arrangements, job status, or contact details

It’s not enough to have a genuine relationship. You must also know how to present it clearly and legally within the rules of the visa system.

Why Work With Australian Immigration Lawyers?

Defacto visa applications are often complex. Many couples underestimate the level of detail involved and try to manage everything on their own. For some, this works—but for many, it creates unnecessary delays and risks.

That’s why many couples turn to trusted Australian immigration lawyers to guide them. They provide not just advice but complete support through every step of the process.

A qualified lawyer can:

• Assess your eligibility and advise you on the best visa path
  
  
• Help you collect the right documents and avoid gaps in evidence
  
  
• Prepare or review personal statements and partner declarations
  
  
• Ensure the consistency of your timeline and legal documents
  
  
• Submit your application professionally and monitor its progress
  
  
• Respond to requests for more information or unexpected delays

If your situation is complex such as time apart, previous visa issues, or lack of joint documents working with a legal expert becomes even more important.

How to Make Your Application Stronger

Even if you choose to apply without legal support, you can take steps to make your application stronger and more efficient:

• Start early by collecting records from the beginning of your relationship
  
  
• Stay organized by sorting documents into financial, social, household, and future plans
  
  
• Be consistent in dates, names, and statements across all documents
  
  
• Write clearly in your partner statements, using honest, natural language
  
  
• Update immigration on any changes to your contact details, job, or relationship status

Keep digital backups of everything, including photos, receipts, and personal communications. The more detailed and clear your evidence, the more likely your application will succeed.

Final Thoughts

A de facto relationship visa is more than just a path to living in Australia. It’s a reflection of your life and commitment with your partner. The immigration process is structured, fair, and demanding. Real relationships can be approved with ease if they’re presented properly.

Whether you're just beginning your visa journey or you're in the middle of gathering documents, remember that the key is preparation, clarity, and honesty. You don’t need to go through the process alone. Support from experienced Australian immigration lawyers can make a world of difference, not just in legal outcomes, but in peace of mind.