Australia is one of the most popular destinations for people looking to live, work, and study abroad. Among the many visa options available, the De Facto Visa is one of the most commonly sought after by couples who are in a long-term, committed relationship but are not married. If you are in a de facto relationship with an Australian citizen or permanent resident, the De Facto Visa allows you to live and work in Australia with your partner.
But what exactly is a De Facto Visa, and how do you apply for one? In this article, we will guide you through everything you need to know about getting a De Facto Visa in Australia, from understanding the relationship requirements to submitting the application. We will also explain the different visa options available, the documents needed, and the process to help you navigate the application process with ease.
What is a De Facto Visa?
A De Facto Visa in Australia refers to the visa granted to people who are in a committed, long-term relationship but are not married. It allows the partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live, work, and study in Australia.
There are two types of De Facto Visas in Australia:
Partner Visa (Subclasses 820 and 801): This visa is for individuals who are already in Australia and wish to apply for permanent residency.
Partner Visa (Subclass 309 and 100): This visa is for individuals who are outside Australia but wish to join their partner who is living in Australia.
Both visas allow you to live with your partner in Australia, and eventually, they can lead to permanent residency if the relationship continues.
Eligibility for De Facto Visa in Australia
To be eligible for a De Facto Visa, you must meet certain relationship requirements set by the Australian government. Here are the key factors that determine your eligibility:
1. De Facto Relationship Criteria
To qualify for the De Facto Visa, you and your partner must be in a genuine, long-term relationship. You must have lived together for at least 12 months before you apply for the visa unless there are exceptional circumstances, such as having a child together or proving that it would be unfair to wait.
The relationship must be based on a mutual commitment to a shared life together to the exclusion of all others. It’s not just about living together – your relationship should demonstrate emotional and financial support, mutual respect, and long-term commitment.
2. Age Requirement
Both you and your partner must be at least 18 years old to apply for the De Facto Visa. The Australian government has strict rules around this to prevent applications from individuals who are too young to be in a genuine, mature relationship.
3. Sponsor Eligibility
To apply for a De Facto Visa, your sponsor (the Australian citizen, permanent resident, or eligible New Zealand citizen) must meet certain criteria:
- They must be at least 18 years old.
- They must be able to support you financially and show that they can accommodate you in Australia.
- They cannot be the sponsor for another partner visa application at the same time.
Your sponsor will need to provide their personal details, proof of Australian citizenship or permanent residency, and a statement of support for your visa application.
4. Health and Character Requirements
Like most Australian visas, applicants for the De Facto Visa must meet health and character requirements. You may need to undergo a medical examination to confirm you are in good health. Additionally, you may need to provide police certificates from your home country and any other country you have lived in for more than 12 months in the last 10 years to ensure you meet the character requirements.
5. Visa Application Process
The process of applying for a De Facto Visa involves several steps, including gathering documents, filling out forms, and paying the required fees. Let’s break down the key steps in applying for a De Facto Visa.
Step-by-Step Guide to Applying for De Facto Visa
Step 1: Gather Required Documents
Before you can apply, you will need to gather various documents to prove your relationship and meet the visa requirements. Some of the key documents you will need to provide include:
Proof of Relationship: This includes evidence that you and your partner have been living together for at least 12 months. Documents could include joint bank accounts, rental agreements, utility bills, and photographs together.
Identity Documents: Passport and birth certificates for both you and your partner.
Health Examination: Medical reports from an approved Australian doctor to meet health requirements.
Police Checks: Police clearance certificates from every country where you have lived for more than 12 months in the past 10 years.
Sponsor’s Documents: Your sponsor will need to provide proof of their Australian citizenship or permanent residency, as well as evidence that they can support you financially.
Gathering all the documents can take some time, so it’s important to start the process early.
Step 2: Complete the Visa Application Form
Once you have all your documents, you can start completing the visa application form. The application form will ask for personal details, relationship history, and other relevant information.
For the Partner Visa (subclasses 820/801 or 309/100), you can apply online through the ImmiAccount on the official Australian Department of Home Affairs website. For paper applications, you can download the forms from the website and submit them at your nearest Australian visa office.
Step 3: Submit the Application and Pay the Fee
Once the application form is filled out, review it carefully and ensure that all necessary documents are attached. After that, submit the application through the online portal or at the Australian visa office.
There is an application fee for the De Facto Visa, which can vary depending on the type of visa you are applying for. The fees can be significant, so it’s important to be aware of the costs before you start the application.
Step 4: Wait for a Decision
After you submit your application, the Australian Department of Home Affairs will begin processing it. The processing times for De Facto Visas can vary, but it can take anywhere from several months to over a year. During this time, the authorities may ask for additional documents or information, so it’s important to respond quickly to any requests.
Step 5: Receive the Visa and Conditions
Once your application is approved, you will receive your De Facto Visa. You may first receive a temporary visa (subclass 820 or 309), and after two years, you can apply for permanent residency (subclass 801 or 100), provided your relationship is still ongoing.
The temporary visa allows you to live and work in Australia while waiting for the final decision. After two years, if the relationship continues, you will be granted permanent residency.
Challenges in the Application Process
While the De Facto Visa is a valuable option for many couples, it is not always an easy process. Some challenges you may face include:
Proving the Relationship: Gathering enough evidence to prove that your relationship is genuine and long-term can be difficult. You may need to show financial support, joint living arrangements, and emotional commitment, which can be challenging if your living situation is non-traditional.
Processing Delays: The processing time for partner visas can be lengthy, and it may take months or years to receive your permanent visa. Patience is key, but it can still be frustrating for applicants who want to start their lives in Australia as soon as possible.
Visa Fees: The fees for applying for a De Facto Visa can be high, and applicants may need to prepare financially for the application process.
Conclusion
The De Facto Visa is an excellent option for couples who are in a committed, long-term relationship and want to live together in Australia. While the application process may seem complex, understanding the requirements, gathering the necessary documents, and following the steps carefully will help you succeed.
If you are in a de facto relationship and want to start a new life in Australia, the De Facto Visa provides a clear pathway to living, working, and studying in one of the most welcoming countries in the world. Be prepared for the challenges, but with careful planning and patience, you can navigate the application process and start your new life together in Australia.
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