How to Apply for an Australian Partner Visa If You Are Not Married

Are you and your partner planning to move to Australia but are not married? Good news! Australia recognises committed de facto relationships, allowing couples to apply for a Partner Visa without being married. This visa enables couples in genuine relationships to live together in Australia, regardless of their marital status. In this guide, we will cover everything you need to know about applying for an Australian Partner Visa as an unmarried couple, including eligibility requirements, necessary documentation, and the step-by-step application process.

What is a De Facto Partner Visa?

A De Facto Partner Visa is designed for individuals who are in a genuine, committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen but are not married. The de facto category of the Partner Visa acknowledges the legitimacy of long-term relationships without the formalities of marriage. If you and your partner have been living together and share a life similar to that of a married couple, you may qualify for a de facto partner visa.

Eligibility Criteria for a De Facto Partner Visa

To apply for a de facto Partner Visa in Australia, you and your partner must meet specific eligibility requirements:

1. Relationship Requirement

• Genuine Relationship: You must be in a genuine, continuing relationship with your partner, similar to that of a married couple.
• Co-Habitation: Typically, you must have been living together for at least 12 months immediately before applying for the visa. If you have not been living together for 12 months, you must provide compelling evidence that your relationship is genuine and continuing.
• Commitment: You must demonstrate that you and your partner are committed to a shared life together, excluding all others.

2. Age Requirement

• Both you and your partner must be at least 18 years old at the time of application.

3. Health and Character Requirements

• Health: You must meet specific health requirements. This usually involves undergoing a health examination.
• Character: You must provide police certificates from every country where you have lived for 12 months or more in the past 10 years after turning 16.

4. Financial, Social, and Family Evidence

• Financial: Evidence of shared financial responsibilities, such as joint bank accounts, shared bills, or joint loans.
• Social: Evidence that your relationship is recognised socially, such as photos together, joint invitations, or testimonials from friends and family.
• Household: Evidence of a shared household, like joint lease agreements or utility bills.
• Commitment: Evidence of mutual commitment to a shared life, such as joint plans for the future or shared investments.

Steps to Apply for a De Facto Partner Visa

1. Gather Your Documents

Before applying, it is essential to collect all the necessary documents to support your application. These include:

• Identity Documents: Passports, birth certificates, and any name change documents.
• Relationship Evidence: Photos together, shared travel itineraries, joint financial statements, and statutory declarations from friends and family.
• Health and Character Documents: Completed health examinations and police certificates.

2. Submit Your Application

Depending on your circumstances, you can apply for the visa while you are in Australia or outside of Australia.

• Onshore Application (Subclass 820/801): If you are already in Australia, you can apply for the Partner Visa (Subclass 820/801). The Subclass 820 Visa is temporary and allows you to stay in Australia while your permanent visa application is processed.
• Offshore Application (Subclass 309/100): If you are outside Australia, you will need to apply for the Partner Visa (Subclass 309/100). The Subclass 309 Visa allows you to enter and stay in Australia while your permanent visa is processed.

To apply, you will need to:

• Create an ImmiAccount: This is an online portal where you submit your application, upload documents, and receive updates on your visa status.
• Complete the Application Form: Fill out Form 47SP for the applicant and Form 40SP for the sponsor.
• Pay the Application Fee: The fee must be paid online when you submit your application. It is non-refundable, even if your application is unsuccessful.

3. Attend Health Examinations and Provide Biometrics

After submitting your application, you may be requested to undergo health examinations and provide biometrics. These requirements help ensure you meet the health and character criteria for an Australian visa.

4. Respond to Any Further Information Requests

During the processing period, the Department of Home Affairs may request additional information or documents to support your application. It's crucial to respond promptly to these requests to avoid delays in processing.

5. Wait for Your Visa Decision

Processing times for the Australian Partner Visa can vary widely, often taking between 12 to 18 months. It is essential to remain patient during this time and ensure you keep your contact details updated with the Department of Home Affairs.

6. Receive Your Visa Grant

Once your application is approved, you will receive a notification of your visa grant. If you applied for a Subclass 820 or 309 Visa, you will be granted a temporary visa first, followed by the permanent visa after two years if your relationship is still genuine and ongoing.

Tips for a Successful De Facto Partner Visa Application

• Provide Comprehensive Evidence: The more evidence you provide to demonstrate the genuineness of your relationship, the stronger your application will be.
• Ensure Consistency: Ensure all details across your documents are consistent. Inconsistencies can lead to delays or even a refusal.
• Meet the 12-Month Requirement: Living together for at least 12 months immediately before applying strengthens your application. If this is not possible, provide as much supporting evidence as possible to demonstrate your commitment.
• Seek Professional Advice: Consulting with a registered migration agent can provide valuable guidance and increase your chances of a successful application.

Conclusion

Applying for an Australian Partner Visa without being married is entirely possible under the de facto category, provided you meet the eligibility criteria and provide comprehensive evidence of your relationship. Understanding the application process and gathering all necessary documents will help ensure a smooth visa application process. For personalised advice and assistance with your application, consider consulting with a registered migration agent who can guide you through each step of the process.

Remember:

This post is for general informational purposes only and is not a substitute for professional immigration advice. Given the uniqueness of every case, engaging with a registered migration agent is highly recommended for bespoke guidance and to navigate the specific details of your situation effectively. Book a visa consultation with a Registered Migration Agent

Subscribe to our newsletter

Sign up to our weekly newsletter to get the latest news about all things visas & immigration.

Please enable JavaScript in your browser to complete this form.

Email *

Subscribe