Does the idea of proving your relationship to immigration authorities make you nervous? You’re not alone. For many couples, applying for a de facto partner visa in Australia feels like navigating a maze of rules and requirements. You might wonder: “How do we prove our love on paper?” or “What if we don’t meet every criterion?”
The truth is, while the process requires careful preparation, it’s not as intimidating as it seems once you know what’s expected. By understanding the key requirements, gathering the right evidence, and addressing potential challenges, you can confidently approach the visa application process.
This guide focuses on the Subclass 820 Partner Visa, a temporary visa for de facto partners who wish to live in Australia while awaiting the decision on their permanent visa application (Subclass 801).
Please Note: This article serves as a general guide to help you understand the topic, with information accurate as of the publication date. We recommend consulting a registered migration agent or The Department of Home Affairs for precise, up-to-date guidance tailored to your specific circumstances.
What is a De Facto Relationship?
A de facto relationship, as defined under the Australian Migration Act 1958, is more than just living together. It’s a relationship where two people who aren’t legally married are in a genuine and ongoing partnership, sharing their lives just like a married couple would.
To meet this definition, you and your partner must:
- Have mutual commitment to each other.
- Share a life together, not just a house.
- Not be related by family.
How is it different from a legal marriage?
The main distinction lies in the formalities. Marriage involves legal ceremonies and paperwork, while a de facto relationship focuses on how you live and support each other in daily life. Both relationships are treated equally for visa purposes in Australia.
Being in a de facto relationship isn’t about labels—it’s about proving your shared life. Now, let’s explore the eligibility criteria to see if you’re ready to apply for a partner visa.
Eligibility Criteria for a Partner Visa
To qualify for the Subclass 820 Partner Visa as a de facto partner visa, you need to meet these key requirements:
1. Living Together
You must have lived together for at least 12 months before applying. Exceptions are possible if you’ve registered your relationship or have a dependent child.
2. Genuine and Continuing Relationship
Immigration authorities will look for evidence that your relationship is real and committed like shared finances, joint responsibilities and emotional support.
3. Australian or Eligible Partner
Your partner must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
4. Age Requirements
Both the applicant and the sponsoring partner must be at least 18 years old at the time of application.
5. Health and Character Checks
Both you and your partner need to meet health and character requirements:
- Medical Examinations: These ensure you meet Australia’s health standards.
- Police Clearances: Provide police checks from every country where you’ve lived for 12 months or more in the past decade.
What about exceptions?
If legal restrictions in your home country prevent you from living together or registering your relationship, you can present alternative evidence to show your partnership’s legitimacy.
Meeting these criteria is the first step toward your visa, but the key lies in proving your relationship with strong evidence. Let’s see what documents can make or break your application.
How to Prove Your De Facto Relationship
Proving a de facto relationship means providing evidence in three main areas:
1. Identification Documents
Ensure you provide valid identification for both you and your partner. These include:
- Passports.
- Birth certificates.
- Legal name change documents (if applicable).
These documents establish your individual identities and are a basic requirement for any visa application.
2. Proof of Relationship
Proving your relationship is at the heart of the de facto partner visa process. Gather evidence that reflects your shared life, such as:
- Joint bank account statements.
- Utility bills in both names.
- Lease or mortgage agreements.
- Photos of you together, especially with family and friends.
These pieces of evidence highlight the financial and social aspects of your partnership.
3. Personal Statements
Both you and your partner should write detailed statements that outline:
- How you met.
- Significant milestones in your relationship (e.g., anniversaries, shared travels, or major life events).
- Future plans as a couple.
These statements give immigration authorities a narrative of your relationship, showcasing its depth and sincerity.
4. Health and Character Checks
Meeting Australia’s health and character requirements is a mandatory part of the visa process. Be prepared to submit:
- Police clearances from each country where you’ve lived for more than 12 months in the past decade.
- Medical examination reports to confirm you meet Australia’s health standards.
These checks ensure both applicants meet Australia’s public health and safety criteria.
5. Statutory Declarations
Obtain statutory declarations from family members, friends, or colleagues who can vouch for the authenticity of your relationship. These declarations should include:
- Observations of your relationship’s dynamics.
- Instances where they witnessed your commitment to each other.
- Confirmation of your relationship being genuine and continuing.
Statutory declarations provide third-party verification, strengthening your case.
6. Additional Documents
Immigration authorities look for proof across multiple aspects of your relationship. Don’t overlook these key categories:
1. Financial Evidence
Your financial arrangements are one of the strongest ways to show a shared life. Include documents such as:
- Shared bank accounts.
- Joint financial responsibilities, such as bills, loans, or rent payments.
- Records showing mutual contributions to household expenses.
2. Cohabitation Evidence
Living together is a key part of most de facto relationships. Provide evidence of your shared home like:
- Rental agreements with both names.
- Utility bills showing a shared residential address.
- Letters or mail addressed to the same location.
3. Social Recognition
Your social life as a couple also supports your case. Include the following evidences:
- Photos from events together.
- Invitations addressed to you as a couple.
- Statements from friends and family about your relationship.
Pro Tip: Consistency matters. Ensure dates and details match across all documents.
By presenting strong evidence, you show your relationship isn’t just genuine—it’s also built to last. But what happens if you’ve been apart for a while? Let’s talk about handling temporary separations.
Handling Temporary Separations
Sometimes, work, study, or family obligations force couples to live apart temporarily. The good news is that being apart doesn’t necessarily harm your application if you handle it correctly.
What immigration looks for during separations:
1. Acceptable Reasons
Immigration understands that valid circumstances, such as work or education, can require couples to live separately. Be transparent about the reasons behind your separation.
2. Maintaining Communication
Save records of calls, text messages, emails, video chats, and even letters. This demonstrates that your relationship remains active despite the distance.
3. Consistent Evidence
Keep shared commitments like joint bank accounts, financial responsibilities, or investments intact to show continuity in your partnership.
Impact of Long Separations:
If you and your partner are apart for a long time, it’s important to show that your relationship is still real and strong. Keep proof of regular communication, like messages, calls, or video chats. Also, share any plans you’ve made together for the future, such as moving back in together, travelling, or working on shared goals. These details can help show that your connection hasn’t weakened despite the distance.
Separation doesn’t have to mean distance in your relationship. If you’ve had to live apart, exemptions like registered relationships might help. Let’s dive into these exemptions next.
Exemptions to the 12-Month Cohabitation Requirement
If you haven’t lived together for 12 months, don’t worry—some exemptions can apply:
1. Registered Relationship
Registering your relationship in certain Australian states or territories can exempt you from the cohabitation rule. This formal recognition by the government shows your commitment and may simplify the application process.
2. Having a Dependent Child
This exemption may apply if you and your partner share responsibility for a child. Provide evidence like the child’s birth certificate and proof of shared parenting duties.
3. Legal Restrictions
If cultural norms or legal barriers in your home country make living together impossible, you can explain this to immigration. Include documentation such as legal or cultural policies and statements from credible sources to support your case.
Exemptions can provide a lifeline, but they don’t lower the standard of proof for your relationship. Let’s tackle common challenges applicants face—and how to overcome them.
Common Challenges and How to Overcome Them
Challenge 1: Limited Joint Financial Records
Solution: Provide other evidence, like individual accounts showing contributions to shared expenses.
Challenge 2: Difficulty Proving Cohabitation
Solution: Submit alternative proof, like letters from neighbours or landlords confirming you lived together.
Challenge 3: Lack of Social Recognition
Solution: Build a strong case by gathering photos, messages, and testimonials.
Need help organising your evidence? Visit Knowbal’s website to learn how our experts can guide you through the process.
Every challenge has a solution, and with the right approach, you can overcome obstacles in your application. Finally, let’s look at how to make your application shine.
Improving Your Partner Visa Application
A successful application requires attention to detail. Here’s how to make yours stand out:
1. Strong Financial Evidence
Show how you and your partner share financial responsibilities. Provide joint bank statements, receipts for shared expenses like rent and utilities, and proof of any joint purchases such as furniture or a car. Even individual records showing contributions to shared costs can strengthen your case.
2. Shared Living Arrangements
Document where you’ve lived together with rental agreements, bills, or mail addressed to both of you. Include a timeline of your shared addresses and explain any gaps if you haven’t lived together continuously. Letters from landlords or neighbours verifying your cohabitation can also support your case.
3. Future Plans
Highlight your commitment to a shared future. Provide evidence of goals like saving for a home, planning travels, or joint investments. Proof of shared insurance policies or long-term savings accounts can also demonstrate your intent to build a life together.
Your application is more than a pile of documents—it’s your story. With preparation and consistency, you can tell it well. Let’s wrap up.
Final Thoughts
Applying for a de facto partner visa may feel complex, but it all comes down to proving your relationship is genuine, ongoing, and built on mutual commitment. Start gathering your evidence, stay consistent, and be transparent.
Need expert help with your application? Contact Knowbal today for personalised guidance that simplifies the process and helps you take the next step with confidence!
