Is a De Facto Visa the Same as a Partner Visa? Here’s What You Need to Know

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by Rofia Mavaddat - LL.B - Registered Migration Agent [MARN 1467678]

Updated: October 1, 2026

First published: September 11, 2024

Reading Time:  minutes

A de facto visa can either be a Partner Visa Subclass 820/801 or 309/100. Although the term ‘de facto visa’ is thrown around a lot, and you may have even heard ‘Spouse Visa’ or ‘Marriage Visa’ the type of visa people referring to in Australia and for Australian immigration purposes, is just what’s otherwise known as a Partner Visa. Throughout this blog I’ll be using the term de facto visa and Partner visa interchangeably, but it’s all referring to the same type of visa (a Partner visa). 

Whether you’re applying for a Partner Visa on the basis of being in a de facto relationship or Spousal relationship can however be different. 

In this blog, I’m going to talk about the requirements to demonstrate that you are in a ‘de facto’ Relationship. 

If you don’t want to read the whole blog you can get my free factsheet on the key differences to consider when lodging a partner visa on de facto grounds. Like all my downloads, it’s completely free and doesn’t require your email. If you’d like to stay updated with new posts, freebies, and helpful information, feel free to sign up below. No spam—just valuable content every two weeks!

What are the requirements for a de facto Visa 

So what does it mean to be in a de facto relationship? 

There’s a really huge (critical actually) difference here between couple’s who are in a relationship or just dating, versus couples who are in a de facto relationship. Not only do you need to demonstrate that you and your partner are in a de facto relationship, but you also need to demonstrate that your de facto relationship has existed for at least 12 months before the application is lodged. 

This is also known as the ‘12 month rule’. It’s really important to stress that the 12 month rule starts from the time your de facto relationship began. Not from when you and your partner started dating.

What is the definition of ‘De facto’ for Partner Visa purposes?

The department assesses ‘De facto’ in accordance with the Migration Act 1958. The Migration Act states:

5CB De facto partner

De facto partners

(1)  For the purposes of this Act, a person is the de facto partner of another person (whether of the same sex or a different sex) if, under subsection (2), the person is in a de facto relationship with the other person.

De facto relationship

(2)  For the purposes of subsection (1), a person is in a de facto relationship with another person if they are not in a married relationship (for the purposes of section 5F) with each other but:

(a)  they have a mutual commitment to a shared life to the exclusion of all others; and

(b)  the relationship between them is genuine and continuing; and

(c)  they:

(i)  live together; or

(ii)  do not live separately and apart on a permanent basis; and

(d)  they are not related by family (see subsection (4)).

What evidence do I need for my de facto visa?

The Department makes an assessment of your relationship against what’s called the ‘Four Pillars of Relationship’

That is, the financial aspects of your relationship, the nature of your household, the social aspects and your commitment to one another. There is evidence that you must provide across all four pillars. If you’re not familiar with this, then I recommend reading my blog ‘4 Pillars of Relationship’. 

It’s important that you have enough evidence across these four categories to demonstrate that you are in fact in a genuine and continuing de facto relationship. 

During your Evidence Planning Session with me, we will go through the background of your relationship and make sure you and your partner have enough evidence around demonstrating you are a de facto couple. And if you don’t, this is something we can chat about during the evidence planning session.

What if you don’t have 12 months of being in a de facto relationship? 

If you and your partner have not accumulated 12 months or more in your de facto relationship, then you may not meet the criteria for lodging a de facto Visa. There are some exceptions to the 12 month rule, including where you able to register a relationship certificate. Depending on which state/territory you might live in inside Australia, you may be able to register a relationship certificate. For example, it is possible to register a relationship certificate (or otherwise known as civil partnership) in the state of Queensland. 

If you are able to register a relationship certificate, then the 12 month rule is waived. 

We would have been in a relationship for 12 months just after the visa is lodged

Timing is everything when it comes to Partner Visas. There are certain ‘time of application’ criteria that must be met when you lodge the Partner Visa, and then certain ‘time of decision’ criteria. 

Establishing that you are in a de facto relationship for 12 months before the application is lodged, must be established before you lodge your de facto Visa. So it’s not enough if you have accumulated 11 months in your de facto relationship. Unless an exemption applies to you you’re running the risk of a refusal if you’re not sure that you’re de facto relationship has existed for at least 12 months before you submit your Partner Visa.

Can I lodge a de facto visa if we haven’t been living together for 12 months? 

It is possible to establish a de facto relationship without living together, however a word of caution here – it does become more difficult. 

Immigration policy states that you must be living together OR you are not living separately and apart on a permanent basis. In situations where a couple is wanting to lodge a de facto visa, but they haven’t lived together the evidentiary threshold becomes higher. 

I’ve seen a lot of cases where a couple isn’t living together when the Partner Visa is lodged. For example, for some couples this is due to cultural or religious reasons, for others it might be because of work commitments. No matter the reason, it’s really important to address the legislation around not living apart on a permanent basis. This is where you might find it beneficial to engage the services of a Migration Agent to assist you with your application.

Can I lodge a de facto visa if I’m still married to someone else? 

Yes, it’s possible. However, it might not be possible to register a relationship certificate if you are still married. 

You might want to consider finalising your divorce prior to lodging your de facto visa, or at a minimum being 100% certain that you meet the 12 month rule for being in a de facto relationship if you are unable to register a relationship certificate. 

Where to from here? 

Knowing whether or not you meet the criteria for a de facto visa is key. Especially around establishing a de facto relationship and making sure that the information you are providing around the commencement of your de facto relationship is substantiated by supporting evidence. This is exactly why we have a tailored evidence planning session just for you – because we know that your application is going to look different to someone else’s. It’s also critical that you can establish that you meet the legal criteria for a de facto visa which is again what we assess during the evidence planning session, and then again through the review. 

We are big advocates for couple’s DIY’ing their Partner Visas where it’s safe to do so. If you want to learn more, reach out to me and we can chat about how our team can help you with your Partner Visa journey. 

IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication. 

Rofia Mavaddat - LL.B - Registered Migration Agent [MARN 1467678]

Rofia was born in Perth, Australia. She holds a Bachelor of Law and has been a Registered Migration Agent since 2014. Rofia chose to specialise in Partner Visas because of a deep-seated belief in the power of love and family unity. She has seen firsthand the joy and fulfillment that comes from reuniting couples and keeping families together. Her work in this area allows her to witness and be a part of the beautiful stories of love and togetherness - what could be more rewarding? 

Here’s what our couples have to say

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Cassidy George
22 September 2026
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We couldn't be happier with our experience working with the Partner Visa Academy. Before signing up, we felt super lost trying to navigate the partner visa process on our own - but from the moment we joined, every question we had was answered and all the resources gave us a lot of clarity. What stood out for us was how consistently supportive the team was throughout the entire process and how timely their responses were. That support has been there since the beginning stages and now continues even after lodgment. You can also tell that they really care about doing this right and not just checking boxes. They are always tweaking and updating things to keep up with the changes to the process, so that you're not stuck with old outdated info. For such a long complicated process this was huge! This was definitely the best path for us and we would highly recommend to any couple that is starting the partner visa process and feeling overwhelmed or in need of support.
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Jared Santiago profile picture
Jared Santiago
15 September 2026
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Before applying for 820/801 visa, me and my partner were thinking of the best way to start this application. Did some research on how much will it cost if we go with Migration agent with the above visa, and it is seriously expensive. So, it's not an option for us. I started looking for alternative that can assist us with our visa application. That's when I saw The Partner Visa Academy through google. I checked their website and read some reviews. I booked a free assessment session with Joanne and she provided us of what are the essentials to make the application successful. The PVA, guided us from start to finish. The collection of all the necessary documentations, evidences, plus filling up forms. Thinking of all the stuff that needs to done can be stressful, however, with all the information that TPVA provided us, we manage to carry out all the tasks smoothly. The fun part of this journey is when you started collating all the evidences. How the relationship started, the memorable first date, the favourite food place you go, trip together local and international etc. This is also the time when you realised the ups and downs of your story as you go back to the history of the relationship. The Partner Visa Academy will provide all the important details you need to make this journey successful. All the materials are ready for you to watch and read. If unclear with any information, they are ready to answer you questions. Applying for Partner visa is not an easy task when you do it yourself. So, make sure you find the right people to assist you with this journey. Do I recommend The Partner Visa Academy? 101% YES!! Double Grant!! Thank you Rofia, Joanne and the rest of TPVA team... Jared&Michelle
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Eilidh Dickson
10 September 2026
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Couldn’t recommend PVA and Rofia enough for her help with our partner visa application. The process was made so simple through their online portal with all of the information you could need and the online support was next level. We truly couldn’t have done it without! Super knowledgeable team and always around to around any questions you have. Thanks PVA!
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Anna Endler profile picture
Anna Endler
3 September 2026
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I couldn’t recommend Partner Visa Academy highly enough! My fiancé and I used them for our 820 application, and we truly couldn’t have done it without their guidance. Partner visas are incredibly expensive already, and the Partner Visa Academy helped us keep costs lower than they would have been if we used an immigration lawyer. Rofia is professional, knowledgeable, responsive and always so helpful whenever we had questions. After a 20 month wait, I’m absolutely thrilled to have been granted my 820 visa! We’re so grateful for all your help and couldn’t recommend Partner Visa Academy enough to anyone beginning their own partner visa journey.
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Jake Willoughby
31 August 2026
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I used the Partner Visa Academy to help guide me through the process of making a 820/801 Partner Visa application. Rofia and the team were super helpful throughout the process. Giving lots of great advice in how to compile evidence documents and format them. Would highly recommend using their services
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Viv Lebbon
28 August 2026
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We would fully recommend the Partner Visa Academy to other couples. The course is comprehensive. It’s not just videos, but written information, graphics, fact sheets and templates, which covers each step of the process. Rofia was brilliant throughout. Always very responsive, knowledgeable and friendly. We also found the evidence planning session incredibly insightful as it helped us plan ahead and organise our evidence in line with Home Office expectations.
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Javi Rodríguez Betancort
26 August 2026
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Amazing experience with The Partner Visa Academy. Their resources are really helpful for putting together a complete partner visa application: the videos on the platform, the templates for structuring each document, and the personalised support they give by email and through the Facebook group have all been key. This is especially useful, because a lot of questions come up during the process, and it can be quite stressful and overwhelming. Having someone to turn to makes a real difference, and in my case that person has been Rofia and her team. I've already submitted my partner visa application and I'm currently on a bridging visa, waiting for approval, which can take a while. But they keep supporting you after you've submitted, explaining what steps to follow while you wait. Highly recommended.
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Daniella R
20 August 2026
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I highly recommend partner visa academy!! Rofia and Joanne have been super helpful and trustworthy from the start. We received clear guidance on how to start the application with documented videos so we could go at our own pace. When we were about to submit, the partner visa academy gave us support on how to make our application stronger. When we submitted the first update, they gave us indications reassurance on how to do that as well. Every step of the way I feel like i got the support I needed, the process of applying felt A LOT easier with their help. Now I’m applying for the PR and couldn’t be happier with the support I’ve received!! 10/10 🫶
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Lewis Jackson
20 July 2026
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Couldn’t recommend The Partner Visa Academy enough. Our case was a little different from a standard application, and Rofia handled it with real urgency and care. Communication was great throughout, and she helped us get the completed application over the line. Can’t thank her enough for the support and guidance along the way.
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Angel Quintal
8 July 2026
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The Partner Visa Academy honestly made mine and my partners process so much easier. With the help of Rofia and the team we were able to collect all our evidence and submit our visa in less than 2 months. Especially doing the Visa DIY I would highly recommend having that extra help from them so you aren’t stuck on simple points.
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