A “de facto partner visa” is not a separate Australian visa subclass. Unmarried couples generally use the same onshore 820/801 or offshore 309/100 pathways as married couples, but they must establish the de facto relationship and address the duration requirement in regulation 2.03A of the Migration Regulations 1994.
This guide explains that specific threshold. It does not confirm that a relationship, exception or visa pathway is established on particular facts.
1. What is a de facto relationship for a partner visa?
Section 5CB of the Migration Act 1958 says two people are in a de facto relationship if they are not married to each other but have a mutual commitment to a shared life to the exclusion of all others, their relationship is genuine and continuing, they live together or do not live separately and apart on a permanent basis, and they are not related by family.
Regulation 1.09A identifies circumstances considered when assessing those elements, including financial aspects, the nature of the household, social aspects and the nature of the couple's commitment. A label, joint address or registration certificate does not prove every element by itself.
2. What does the de facto partner visa 12-month rule require?
For Partner (Provisional) and Partner (Temporary) applications, regulation 2.03A generally requires the applicant to have been in the de facto relationship for at least the 12 months ending immediately before the application date, unless an applicable exception applies.
The relevant period is the de facto relationship—not automatically the entire romantic relationship. Home Affairs warns that time spent dating or only in an online relationship might not count. Couples should identify when their relationship began satisfying the legal definition and support that date with consistent evidence.
3. Do couples need to have lived together for every day of the 12 months?
The legislation does not express the rule as an inflexible requirement for 365 continuous days under one roof. The statutory definition asks whether the couple live together or do not live separately and apart on a permanent basis. Temporary work, study, travel or family circumstances may explain periods apart, but the evidence must still establish a genuine and continuing shared life.
A couple should not assume that weekend visits, holidays or plans to live together later establish the earlier start of a de facto relationship. The timeline, household arrangements and reasons for any separation need to be assessed together.
4. Does registering the relationship remove the 12-month requirement?
Regulation 2.03A(5) provides that the 12-month requirement does not apply if the de facto relationship is a registered relationship within the meaning of section 2E of the Acts Interpretation Act 1901. Home Affairs describes this as registration with an Australian state or territory authority.
Registration is not a substitute for the underlying de facto relationship. The couple must still satisfy section 5CB and the applicable partner visa criteria. Not every certificate, overseas registration or local arrangement necessarily meets the statutory meaning, and eligibility and processing differ between state and territory schemes.
5. What other exceptions can apply?
Regulation 2.03A does not impose the 12-month period where the applicant can establish compelling and compassionate circumstances for the grant of the visa. The regulation also contains specified exceptions connected with permanent humanitarian visa holders or applicants and relationships disclosed before the relevant humanitarian visa grant.
These are legal exceptions, not general alternatives to insufficient evidence. A couple relying on one should identify the exact provision, facts and documents before lodging rather than assuming that hardship or urgency will be enough.
6. How should a couple evidence the start of the de facto relationship?
The evidence should explain when the relationship changed from dating or visits into a shared domestic partnership and how it operated from that point. Depending on the couple, useful material may include:
- joint leases, correspondence and records showing household arrangements;
- joint accounts, transfers, bills, insurance or shared financial responsibilities;
- travel, communication and social evidence that fits the stated timeline;
- statements explaining the relationship's development and any periods apart; and
- a registration certificate where the relationship was validly registered.
Evidence should be relevant and consistent rather than assembled simply to create volume. Our partner visa document checklist guide explains the four relationship-evidence areas, and the free Partner Visa Checklist App™ can help organise the material.
7. When should the 12-month issue be assessed?
Assess it before choosing a lodgement date. The rule looks back from the application date, so waiting, registering a relationship where legally available, marrying, or relying on an exception can have different legal and practical consequences. Current visa status, expiry dates, location, travel and any no-further-stay or Schedule 3 issue must also be checked separately.
If the timing changes the intended lodgement date, recheck the current government application charge and related expenses in our partner visa cost Australia guide.
Marriage changes the relationship basis but should not be treated as a paperwork workaround without considering whether the marriage is valid and whether the relationship still satisfies all partner visa criteria. Read the broader Australian partner visa requirements guide before deciding on timing.
Frequently asked questions
Is the rule 12 months of dating or 12 months living together?
Neither phrase is precise enough. Regulation 2.03A generally requires 12 months in the de facto relationship. The legal definition includes living together or not living separately and apart on a permanent basis, as well as mutual commitment, genuineness and continuity.
Can we apply after registering our relationship?
A qualifying registered relationship can remove the 12-month duration requirement, but it does not establish every de facto or visa criterion. Confirm that the registration falls within the statutory definition and that the relationship evidence supports the application.
Can a long-distance couple meet the de facto definition?
Living apart temporarily does not automatically end a de facto relationship, but a long-distance dating relationship is not automatically de facto. The couple must establish the statutory elements and explain how their shared life operates despite the distance.
Does having a child remove the 12-month rule?
Having a child together may be important evidence and may be relevant to a compelling and compassionate circumstances argument, but it is not listed in regulation 2.03A as an automatic standalone exception.
Official sources checked
- Home Affairs: Partner visa (subclass 820)—de facto partners
- Federal Register of Legislation: Migration Act 1958 — see section 5CB
- Federal Register of Legislation: Migration Regulations 1994 — see regulations 1.09A and 2.03A
Sources and page settings checked 30 July 2026. Home Affairs pages, legislation, state and territory registration schemes and forms can change after publication.