Legal help: An Australian migration lawyer with Australian Migration Lawyers can check your de facto relationship dates and evidence before you lodge or reply. A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST, separate from the Home Affairs visa application charge.
“De facto visa” describes a partner visa application based on a de facto relationship, not a separate subclass. Home Affairs’ Partner visa 820/801 and Partner visa 309/100 pages describe the onshore 820/801 and offshore 309/100 pathways respectively.
Both de facto partners must be at least 18 at application under regulation 2.03A(2) of the Migration Regulations 1994.
Recognised registration removes the 12-month requirement under regulation 2.03A(5) of the Migration Regulations 1994, but not the relationship test in section 5CB of the Migration Act 1958.
Use this static reference as a relationship-duration checkpoint, not a visa eligibility decision.
Sources checked 3 October 2026.
12-month de facto rule checker.
Compare your relationship timeline with the duration rule and its exceptions. This check does not assess all partner visa requirements.
The checkpoints below reflect regulation 2.03A(3)–(5) of the Migration Regulations 1994 and the qualifying relationship test in section 5CB of the Migration Act 1958.
Label Value or information the reader checks Proposed partner visa application date The date against which the preceding 12 months are measured. Months together as de facto partners The duration of the qualifying de facto relationship, rather than simply the time since first meeting or dating. Registered relationship? Whether the relationship is registered under a prescribed law; distinguish completed registration from a pending registration application. Humanitarian exception? Whether the partner’s humanitarian visa circumstances match either exception in regulation 2.03A(4). Compelling and compassionate circumstances? Whether evidence supports the separate exception in regulation 2.03A(3). Eligible under the 12-month rule? A limited duration checkpoint, never an overall visa eligibility finding. Regulation 2.03A of the Migration Regulations 1994 supports these limited interpretations.
Situation Permitted checkpoint wording At least 12 months in the qualifying de facto relationship immediately before application “The duration limb is met on this timeline; the relationship and other visa requirements still need evidence.” Less than 12 months, with a relationship registered under a prescribed law “The 12-month requirement does not apply to a recognised registered relationship; the remaining requirements still apply.” Less than 12 months, with a claimed humanitarian exception “Check that the humanitarian exception’s exact conditions are established.” Less than 12 months, relying on compelling and compassionate circumstances “The exception requires evidence supporting compelling and compassionate circumstances for grant.” Less than 12 months, with no established exception “The 12-month requirement has not been established for the proposed application date.” Relationship start date, registration status or exception is uncertain “Resolve the timeline or exception before relying on this checkpoint.” What is a de facto visa?
A de facto visa is a partner visa sought on the basis of a de facto relationship, rather than a separate visa subclass; Home Affairs describes the relevant pathways on its Partner visa 820/801 and Partner visa 309/100 pages.
For the wider partner visa Australia context, Home Affairs’ Partner visa 820 page describes the onshore pathway, while its Partner visa 309 page describes the offshore pathway.
The applicant is the person seeking the visa; the sponsor is a separate participant, generally their partner. Home Affairs’ Partner visa 820 page says the sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Not every New Zealand citizen meets that last category.
This page explains de facto relationship qualification, not every visa or sponsorship criterion.
Who counts as a de facto partner?
A de facto partner meets the relationship test in section 5CB of the Migration Act 1958, which applies to partners of the same or different sex who are not married to each other.
The section 5CB test in the Migration Act 1958 requires all five conditions:
- The partners are not 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.
Separately, regulation 2.03A(2) of the Migration Regulations 1994 requires both de facto partners to be at least 18 when applying.
Do you have to live together for 12 months?
No: section 5CB of the Migration Act 1958 requires the partners to live together or not be permanently apart, while regulation 2.03A of the Migration Regulations 1994 measures the duration of the de facto relationship.
A shared address is relevant evidence, not a substitute for the full section 5CB relationship test.
As practical evidence organisation, document any periods apart: dates, reasons and records of your continuing shared life. This is not a separate statutory exemption or an assurance that a particular separation will be accepted.
The 12-month rule and its exceptions
The 12-month rule in regulation 2.03A(3) of the Migration Regulations 1994 requires the qualifying de facto relationship to have existed for at least the 12 months immediately before application, subject to the regulation’s exceptions.
Regulation 2.03A(3) covers Class UK and Class UF—the temporary onshore and provisional offshore partner classes—and permanent visas. The following routes come from regulation 2.03A(3)–(5) of the Migration Regulations 1994.
Route or circumstance What must be established Provision Ordinary duration rule At least 12 months in the qualifying de facto relationship immediately before application. Regulation 2.03A(3). Compelling and compassionate circumstances The applicant establishes compelling and compassionate circumstances for grant. Regulation 2.03A(3). Permanent humanitarian visa holder or former holder The partner is or was a permanent humanitarian visa holder and declared the relationship before that visa was granted. Regulation 2.03A(4). Permanent humanitarian visa applicant The partner is an applicant for a permanent humanitarian visa. Regulation 2.03A(4). Recognised registered relationship The relationship is registered within section 2E of the Acts Interpretation Act 1901. Regulation 2.03A(5). How are the 12 months measured?
Regulation 2.03A(3) of the Migration Regulations 1994 measures the 12 months back from application, not the expected decision or grant date.
- Firstly, identify the proposed partner visa application date.
- Secondly, count back the immediately preceding 12 months.
- Thirdly, organise evidence showing that the relationship met the de facto test throughout the claimed period.
Do not assume dating began the qualifying period, or that time after lodgement fixes a shortfall: section 5CB of the Migration Act 1958 defines the relationship, and regulation 2.03A measures its duration to application.
Which humanitarian circumstances are exceptions?
Regulation 2.03A(4) of the Migration Regulations 1994 provides two alternatives:
- Your partner is or was a permanent humanitarian visa holder and declared the relationship before that visa was granted.
- Your partner is an applicant for a permanent humanitarian visa.
These are specific legal conditions, not a general “refugee exception”. Check the actual visa circumstances rather than assuming a pending protection claim establishes either route.
What if there are compelling and compassionate circumstances?
Under regulation 2.03A(3) of the Migration Regulations 1994, the duration requirement is subject to the applicant establishing compelling and compassionate circumstances for grant. This is separate from the humanitarian and registration exceptions.
If relying on this route, organise evidence supporting the circumstances claimed. Do not treat a personal circumstance as automatically satisfying the legal test.
Registering the relationship to meet the 12 months
Registering the relationship removes the 12-month requirement under regulation 2.03A(5) of the Migration Regulations 1994 where the registration is recognised under section 2E of the Acts Interpretation Act 1901; it does not replace the de facto relationship test.
Section 5 of the Acts Interpretation (Registered Relationships) Regulations 2019 prescribes these registration routes for the migration exception.
Jurisdiction Prescribed registration route New South Wales Relationships Register Act 2010. Victoria Registrable domestic relationship under the Relationships Act 2008. Queensland Civil partnership under the Civil Partnerships Act 2011. South Australia Relationships Register Act 2016. Tasmania Significant relationship under the Relationships Act 2003. Australian Capital Territory Prescribed civil partnership or civil union provisions. Western Australia No WA law is prescribed for this migration exception. Northern Territory No NT law is prescribed for this migration exception. Should you register before applying?
As practical advice, complete registration and obtain evidence before relying on the exception. A pending registration application is not evidence that registration has been completed. For the next steps, see registering de facto relationship.
This recommendation is not a quoted statutory deadline. Regulation 2.03A(5) of the Migration Regulations 1994 does not expressly state a registration deadline. However, regulation 2.03A(3) measures duration to application, and the relevant 820/309 relationship criteria sit under the time-of-application headings at 820.21 and 309.21.
Home Affairs’ Partner visa 820 guidance does not expressly resolve registration completed after lodgement. Do not assume later registration cures a duration shortfall.
Same-sex de facto partners
Yes: section 5CB of the Migration Act 1958 expressly includes de facto partners of the same or different sex.
The same section 5CB relationship test and regulation 2.03A age requirement, duration rule or exception apply under the Migration Act 1958 and Migration Regulations 1994. Relationship recognition is separate from sponsor eligibility; neither replaces the other.
How to prove a de facto relationship
To prove a de facto relationship, organise evidence around the financial, household, social and commitment aspects that the Minister must consider under regulation 1.09A of the Migration Regulations 1994.
Regulation 1.09A requires consideration of all the circumstances. Four uploads or a numerical evidence score do not establish qualification.
The four legal groups come from regulation 1.09A of the Migration Regulations 1994. The document examples below are illustrative evidence-organisation examples, not a compulsory Home Affairs checklist.
- Financial aspects. Illustrative records include shared expenses, financial arrangements and contributions.
- Nature of the household. Illustrative records include living arrangements, address history and how household responsibilities are shared.
- Social aspects. Illustrative records include how others know the relationship and statements from people who know both partners.
- Nature of the commitment. Illustrative records include the relationship timeline, shared plans and evidence explaining how the relationship continued during time apart.
For document organisation, use the partner visa evidence guide. Select records that explain your actual shared life rather than treating particular financial arrangements or photograph counts as universal requirements.
Home Affairs’ Partner visa 820 and 309 pages request statements from two witnesses aged at least 18 who know the couple and the relationship. Form 888 is an available format.
Align applicant and sponsor dates, explain gaps honestly and connect dated records to the claimed qualifying period. Preserve original documents; do not manufacture arrangements or alter records.
De facto or married: what changes
De facto and married partners use different relationship definitions under sections 5CB and 5F of the Migration Act 1958, and the 12-month de facto rule in regulation 2.03A of the Migration Regulations 1994 does not apply to the spouse relationship basis.
The Migration Act 1958 and Migration Regulations 1994 distinguish the relationship bases as follows.
Issue De facto partners Married partners Relationship basis Not married to each other; section 5CB test. Marriage valid for the Migration Act; section 5F test. Genuine relationship Genuine and continuing, with mutual commitment to a shared life. Genuine and continuing, with mutual commitment to a shared life as a married couple. Living arrangements Living together or not permanently apart. Living together or not permanently apart. Minimum de facto duration Generally 12 months immediately before application, subject to exceptions. The de facto duration rule does not apply to the spouse basis. Evidence assessment Four aspects under regulation 1.09A. Four aspects under regulation 1.15A. A marriage certificate does not replace evidence of a genuine and continuing relationship under section 5F of the Migration Act 1958 and regulation 1.15A of the Migration Regulations 1994.
When a de facto application needs a lawyer
Ask an Australian migration lawyer to check your de facto application where the relationship start date, registration timing, exception or evidence is uncertain.
Legal representation is not compulsory. A lawyer can perform these concrete checks against section 5CB of the Migration Act 1958 and regulation 2.03A of the Migration Regulations 1994:
- Check the relationship timeline against section 5CB and regulation 2.03A.
- Check whether the claimed registration or humanitarian exception matches the legal conditions.
- Identify missing records and inconsistent applicant, sponsor or witness dates.
- Check the proposed lodgement date and evidence supporting any compelling-and-compassionate claim.
Home Affairs’ Using a legal practitioner page says a lawyer cannot fast-track processing or guarantee a visa.
If your relationship has ended after application, changes affecting the application must be notified under section 104 of the Migration Act 1958 and Home Affairs’ Partner visa guidance. See spouse visa relationship breakdown for that situation rather than relying on this duration checkpoint.
PartnerVisaLawyer.com.au is an information guide, not a law practice. The shared enquiry form sends private questions to Australian Migration Lawyers.
Ask an Australian migration lawyer to check the relationship start date, any recognised registration or exception and the evidence for the section 5CB test.
Ask an Australian migration lawyer about your de facto application.