Updated: 11 October 2026
In the context of an Australian Partner visa application, a de facto relationship is a genuine and continuing relationship between two people who are not married but have made a mutual commitment to a shared life.
To qualify for an Australian Partner visa, applicants can generally be either married or in a de facto relationship with their sponsor. This applies to both the Onshore Partner visa (subclass 820) and the Offshore Partner visa (subclass 309).
However, simply being in a romantic relationship is not sufficient. The relationship must satisfy specific legal requirements under the Migration Act 1958 and Migration Regulations 1994.
These requirements concern the couple’s mutual commitment, the genuineness of their relationship, living arrangements and other aspects of their shared life.
Importantly, couples do not necessarily need to have lived together for 12 months to qualify for a de facto Partner visa. Australian migration law recognises that genuine de facto relationships can exist in circumstances where the couple is not continuously living at the same address.
The Definition of a De Facto Relationship in Australian Law
The legal definition of a de facto relationship for migration purposes is found in section 5CB of the Migration Act 1958.
Under section 5CB(2), two people are in a de facto relationship if:
- They are not legally married to each other.
- They 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.
- They are not related by family.
This definition applies to both same-sex and opposite-sex couples.
De facto relationships are also recognised under the Family Law Act 1975, particularly section 4AA. However, for Partner visa applications, the definition under the Migration Act 1958 is the relevant legal test.
In determining whether a de facto relationship exists, the Department of Home Affairs considers the overall circumstances of the relationship.
Under regulation 1.09A of the Migration Regulations 1994, these circumstances include four key aspects:
- The financial aspects of the relationship.
- The nature of the household.
- The social aspects of the relationship.
- The nature of the couple’s commitment to each other.
The Department assesses these matters collectively, rather than relying on any single document or characteristic of the relationship.
Do You Need to Live Together to Be in a De Facto Relationship?
A common misconception is that couples must live together for at least 12 months before applying for an Australian Partner visa.
However, this is not strictly required by Australian migration law.
Section 5CB(2)(c) of the Migration Act 1958 provides that a couple may satisfy the living arrangements requirement where they:
- Live together; or
- Do not live separately and apart on a permanent basis.
This means that living at the same address is not an absolute requirement for establishing a de facto relationship.
For example, couples may live in different locations because of employment commitments, study, family responsibilities or immigration restrictions.
These circumstances do not necessarily prevent the couple from satisfying the legal definition of a de facto relationship.
However, couples who live apart may face additional challenges in demonstrating that their relationship is genuine and continuing.
The Department will consider matters such as how frequently the couple communicates, how often they see each other, their financial arrangements, their shared commitments and their intentions for the future.
It is important to distinguish a genuine de facto relationship from a long-distance dating relationship. Being romantically involved, even for a considerable period, does not automatically establish a de facto relationship.
The couple must still demonstrate a mutual commitment to a shared life and satisfy the other requirements of section 5CB.
For further information, see our article on long-distance relationships and Partner visas.
How Long Must a De Facto Relationship Have Existed?
As a general rule, applicants for an Australian de facto Partner visa must demonstrate that their de facto relationship has existed for at least 12 months immediately before lodging the visa application.
This requirement is set out in regulation 2.03A of the Migration Regulations 1994.
The purpose of this requirement is to establish that the relationship has developed beyond a dating relationship into a genuine and committed domestic partnership.
However, there are important exceptions to the 12-month requirement, including where the relationship has been registered under a recognised Australian state or territory law or where compelling and compassionate circumstances exist.
When Does the 12-Month Period Begin?
The 12-month period does not necessarily begin when a couple first meets or starts dating.
For migration purposes, the relevant question is when the relationship became a de facto relationship within the meaning of section 5CB of the Migration Act 1958.
For example, a couple might have started dating in January 2025 but only established a mutual commitment to a shared life in September 2025.
Depending on the circumstances and supporting evidence, the Department may regard September 2025 as the commencement of the de facto relationship.
Conversely, moving in together does not necessarily mark the beginning of the de facto relationship. A couple may have established a qualifying relationship before they commenced living at the same address.
The Department considers the relationship as a whole, including its development, financial arrangements, living arrangements, social recognition and the nature of the couple’s commitment.
Applicants should therefore carefully identify when their relationship became a genuine domestic partnership, rather than simply relying on the date they first met, started dating or moved in together.
Exceptions to the 12-Month De Facto Relationship Requirement
The 12-month relationship requirement does not apply in certain circumstances.
Two important exceptions are relationship registration and compelling and compassionate circumstances.
Registration of the Relationship
Registering a de facto relationship under a recognised Australian state or territory law can allow couples to apply for a Partner visa without satisfying the usual 12-month relationship-duration requirement.
This exception is provided by regulation 2.03A(5) of the Migration Regulations 1994.
Relationship registration schemes are available in several Australian jurisdictions, including:
- New South Wales
- Victoria
- Queensland
- South Australia
- Tasmania
- Australian Capital Territory
Applicants should confirm that their registration is recognised for Commonwealth migration purposes and that they satisfy the applicable state or territory requirements.
Does registering a relationship guarantee Partner visa eligibility?
No. Registering a relationship does not automatically establish eligibility for a Partner visa.
It can remove the usual 12-month duration requirement, but the couple must still demonstrate that their relationship is genuine and continuing and otherwise meets the legal definition of a de facto relationship.
The Department will continue to assess the evidence of the relationship, including financial arrangements, household circumstances, social recognition and mutual commitment.
Relationship registration is therefore particularly useful for couples who have been in a de facto relationship for less than 12 months, but it is not a substitute for demonstrating a genuine relationship.
Compelling and Compassionate Circumstances
The 12-month requirement may also be waived where compelling and compassionate circumstances exist for the grant of the visa.
Under regulation 2.03A(3) of the Migration Regulations 1994, the ordinary 12-month requirement applies where the applicant cannot establish such circumstances.
For example, having a child together may be relevant to an assessment of compelling and compassionate circumstances.
However, having a child does not automatically exempt a couple from the requirement. The Department considers the individual circumstances and supporting evidence.
Other exceptional circumstances may also be relevant, depending on the facts of the particular relationship.
Importantly, an exemption from the 12-month requirement does not remove the need to establish that the couple is genuinely in a de facto relationship.
Regulation 2.03A also contains specific exceptions relating to certain humanitarian visa holders and applicants.
Applicants who do not hold a substantive visa at the time of making an onshore Partner visa application may encounter additional requirements under Schedule 3 of the Migration Regulations 1994. These requirements are separate from the 12-month de facto relationship requirement and should be considered independently.
Evidence Required to Establish a De Facto Relationship
Applicants must provide evidence demonstrating that their relationship is genuine and continuing.
The Department assesses evidence across four broad aspects of the relationship, as prescribed by regulation 1.09A of the Migration Regulations 1994.
Financial Aspects of the Relationship
Evidence of financial arrangements can demonstrate the extent to which the couple shares financial responsibilities and resources.
Examples include:
- Joint bank accounts or shared savings.
- Joint loans, credit cards or other financial commitments.
- Evidence of shared household expenses.
- Joint ownership of property or other significant assets.
- Evidence of financial support provided by one partner to the other.
- Insurance policies or superannuation arrangements identifying the other partner as a beneficiary.
It is not essential for every couple to have joint bank accounts or jointly owned property.
Some couples maintain separate finances for personal, cultural or practical reasons. Where this is the case, applicants should explain their arrangements and provide other evidence demonstrating their shared financial life.
The Nature of the Household
The Department considers the couple’s living arrangements and how they organise their domestic responsibilities.
Evidence may include:
- Joint rental agreements or mortgage documents.
- Utility bills or correspondence addressed to both partners.
- Evidence of living at the same address.
- Statements explaining how household responsibilities are shared.
- Evidence of joint responsibility for children.
- Documents demonstrating shared domestic arrangements.
Where the couple does not live together, it is important to explain the reasons for their living arrangements and how they maintain their relationship despite the separation.
Social Recognition of the Relationship
The Department considers how the relationship is recognised by other people and how the couple presents themselves socially.
Evidence may include:
- Supporting statements from friends, family members or colleagues.
- Photographs of holidays, family gatherings and other shared activities.
- Joint invitations to social events.
- Evidence of shared travel.
- Communications with family or friends acknowledging the relationship.
- Evidence that the couple has represented themselves publicly as partners.
Supporting witness statements can be provided using Form 888, which allows people familiar with the relationship to describe their knowledge and observations.
The Nature of the Commitment
The Department also considers whether the couple has made a genuine, long-term commitment to their relationship.
Relevant evidence may include:
- Statements describing how the relationship developed.
- Evidence of shared future plans.
- Communications demonstrating emotional support and ongoing contact.
- Evidence of important decisions made together.
- Wills or beneficiary arrangements.
- Evidence of how the couple supported each other during periods of separation or personal difficulty.
The strength of a Partner visa application generally comes from the combined evidence across these four aspects, rather than any single document.
Common Challenges in Demonstrating a De Facto Relationship
Applicants can encounter difficulties in demonstrating their relationship, particularly where the relationship is relatively new or the couple has unconventional living or financial arrangements.
Some common challenges include:
Limited Joint Financial Records
Couples who have not combined their finances may struggle to provide conventional evidence of financial interdependence.
This can be particularly common for younger couples, those who have recently started living together or couples who prefer to maintain separate accounts.
In these circumstances, evidence of shared expenses, financial support or other financial commitments may assist.
Difficulty Providing Evidence of Cohabitation
Some couples have not lived together continuously because of employment, study, family commitments or visa restrictions.
Where this is the case, applicants should explain their circumstances and provide alternative evidence demonstrating the ongoing nature of their relationship.
This may include travel records, communications, evidence of visits and documents showing shared commitments.
Limited Social Recognition
Some couples may not have disclosed their relationship widely to friends, family members or their community.
This can occur for cultural, religious or personal reasons.
Where conventional evidence of social recognition is limited, applicants should explain their circumstances and provide whatever alternative evidence is available.
Inconsistent Documentation
Inconsistencies between documents can raise questions about the relationship.
For example, different residential addresses, conflicting dates or unexplained gaps in the evidence may require clarification.
Applicants should ensure that their relationship statements and supporting documents provide a consistent and accurate account of the relationship.
At PocketLegal, we assist clients by reviewing their evidence, identifying potential gaps and suggesting alternative documents that may help demonstrate the genuineness of their relationship.
Tips for Strengthening Your De Facto Partner Visa Application
Organise financial evidence
Collect documents demonstrating how you and your partner manage finances, share expenses and support each other. Where finances are kept separate, explain the reasons and provide other evidence of financial commitment.
Document your living arrangements
If you live together, collect rental agreements, utility bills and official correspondence showing your shared address.
If you live apart, explain why and provide evidence demonstrating how your relationship is maintained.
Demonstrate social recognition
Obtain supporting statements from friends, family members or colleagues who have personal knowledge of your relationship.
Photographs, travel records and invitations to social events may also help demonstrate how others recognise your relationship.
Explain the history of your relationship
Prepare a clear account of when you met, how the relationship developed and when you consider your de facto relationship to have commenced.
Ensure that the dates and events described are consistent with your supporting documents.
Provide evidence of long-term commitment
Evidence of shared future plans, joint decisions and ongoing emotional or practical support can help demonstrate the seriousness of the relationship.
Consider relationship registration
Where available and appropriate, registering your relationship may remove the usual 12-month de facto relationship-duration requirement.
However, registration does not replace the requirement to demonstrate a genuine and continuing relationship.
Frequently Asked Questions About De Facto Partner Visas
Can I Apply for a Partner Visa After Six Months in a Relationship?
Potentially, yes.
Although de facto Partner visa applicants are generally required to have been in a de facto relationship for at least 12 months immediately before applying, exceptions may apply.
For example, couples who have registered their relationship under a recognised Australian state or territory law may be exempt from the usual 12-month requirement.
Compelling and compassionate circumstances may also provide an exception.
However, the relationship must still satisfy the legal definition of a de facto relationship.
Can We Qualify as De Facto if We Live at Different Addresses?
Yes, depending on the circumstances.
Australian migration law does not necessarily require couples to live at the same address.
Section 5CB of the Migration Act 1958 recognises couples who do not live separately and apart on a permanent basis.
However, couples living apart must still demonstrate that their relationship is genuine and continuing, and that they have a mutual commitment to a shared life.
Does Having a Joint Bank Account Prove a De Facto Relationship?
No.
A joint bank account may provide useful evidence of shared financial arrangements, but it does not, by itself, establish a de facto relationship.
The Department considers the overall circumstances, including financial arrangements, household responsibilities, social recognition and mutual commitment.
Similarly, couples are not automatically disqualified because they maintain separate bank accounts.
Does Registering Our Relationship Mean We Can Apply Immediately?
Registering a relationship under a recognised Australian state or territory law may remove the usual 12-month duration requirement.
However, the couple must still satisfy the legal definition of a de facto relationship and meet the other applicable Partner visa requirements.
Couples should also consider the eligibility and processing requirements associated with registering their relationship.
Is a De Facto Relationship the Same as Being Married for a Partner Visa?
Both married and de facto couples may qualify for Australian Partner visas, but the legal requirements are not identical.
Married couples must establish a qualifying married relationship, while de facto couples must satisfy the definition under section 5CB of the Migration Act 1958.
De facto applicants may also need to satisfy the 12-month relationship requirement unless an exception applies.
Regardless of whether the couple is married or de facto, the Department must be satisfied that the relationship meets the applicable legal requirements.
Wrapping It Up
Establishing a de facto relationship for an Australian Partner visa involves more than showing that two people are dating or living together.
The legal test requires a genuine and continuing relationship, a mutual commitment to a shared life and evidence supporting the couple’s circumstances.
Although the 12-month requirement applies to many de facto Partner visa applications, there are important exceptions, including relationship registration and compelling and compassionate circumstances.
Couples who live apart, maintain separate finances or have limited conventional evidence may still be able to establish a qualifying relationship, depending on their circumstances.
At PocketLegal, our migration lawyers assist couples in understanding the legal requirements, assessing their eligibility and preparing the evidence needed for a Partner visa application.
If you need assistance establishing your de facto relationship or preparing your Partner visa application, contact us to arrange a consultation.
