Married or De Facto? Which Partner Visa Rules Apply to You

Partner visas are open to spouses and de facto partners of Australian citizens, permanent residents and eligible New Zealand citizens. Both use the same 820 and 801 or 309 and 100 visas, but some important rules apply only to de facto couples.

What both types need to show

Whether married or de facto, you must show a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, and that you live together or do not live separately and apart on a permanent basis. The Department considers the financial, household, social and commitment aspects of the relationship. See our guide to the four aspects of the relationship.

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Key differences

Rule	Married	De facto
Minimum relationship length	None	12 months before applying, unless an exception applies
Age	Marriage must be valid for migration purposes	Both partners 18 or over at application
Formal proof	Marriage certificate	Evidence of the relationship, or a relationship registration
Related by family	Prohibited degrees under marriage law	Cannot be related by family

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The 12 month rule and its exceptions

For de facto partner visas, regulation 2.03A requires the relationship to have existed for at least 12 months immediately before the application. The 12 months must be the current, unbroken relationship. The rule does not apply where:

• the relationship is registered under a state or territory scheme, see relationship registers;
• there are compelling and compassionate circumstances, such as a dependent child of the relationship;
• the partner is a permanent humanitarian visa applicant, or is or was a permanent humanitarian visa holder who declared the relationship before their grant.

Timing can work in your favour. The Department’s instructions say a registration completed after you lodge, but before the decision, still removes the rule. And if you marry after lodging, you are assessed as spouses at the time of decision, so the de facto 12 month rule no longer applies. Registration schemes exist in most states and the ACT, but not in Western Australia or the Northern Territory.

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When a marriage is not valid

Some marriages are not recognised for migration purposes, such as a second concurrent polygamous marriage, a marriage without real consent, or some underage marriages. In those cases, the relationship may be assessed as de facto instead. See is our marriage valid for visa purposes? and polygamous marriages.

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What you should do now

• Work out your relationship type: decide whether you will apply as spouses or de facto partners.
• Count the 12 months: if de facto, check when your current relationship began and whether you have 12 months.
• Consider registration: if you are short of 12 months and live in a state with a register, look at registering.
• Gather evidence: collect evidence across all four aspects of the relationship.