Applying for a Partner Visa as a de facto couple? Then your evidence matters more than anything else. You must show the Department of Home Affairs that your relationship is genuine and continuing.
In this guide, our partner visa team explains how to prove a de facto relationship, which documents to gather and the common mistakes that slow applications down.
What is a de facto relationship?
Under Australian migration law, you are in a de facto relationship if you and your partner:
- are not married to each other
- have a mutual commitment to a shared life, to the exclusion of all others
- have a genuine and continuing relationship
- live together, or do not live apart on a permanent basis
- are not related by family
Both partners must also be at least 18 years old.
The 12-month rule for de facto partners
In most cases, you must have been in a de facto relationship for at least 12 months immediately before you apply. Importantly, this means 12 months of relationship, not 12 months without a single night apart.
There are two main exceptions to the 12-month rule:
- Registered relationship: if your relationship is registered with an Australian state or territory, the 12-month requirement does not apply.
- Compelling and compassionate circumstances: for example, if you have a dependent child together.
You can read the official requirements on the Home Affairs Partner visa page.
How to prove a de facto relationship: the 4 types of evidence
Home Affairs looks at your relationship across four areas. A strong application includes evidence for each one.
1. Financial aspects
Show that you share financial responsibilities. Useful documents include:
- joint bank account statements
- shared credit cards or loans
- joint ownership of a car, property or other assets
- proof that you share everyday expenses
2. Nature of your household
Prove that you live together and share the running of your home. For example:
- a joint lease or mortgage
- utility bills in both names
- mail addressed to both of you at the same address
- a description of how you share bills and housework
3. Social aspects
Show that friends, family and the wider community see you as a couple. You can provide:
- photos together at family events, weddings and holidays
- joint invitations, cards or social media history
- statutory declarations from friends and family (Form 888)
- records of travelling together
4. Commitment to each other
Demonstrate a long-term commitment to a shared future. Helpful evidence includes:
- personal relationship statements from both partners
- call logs, messages and emails over time, especially when apart
- naming each other in wills, superannuation or insurance policies
- shared health insurance cover
- plans for the future, such as buying a home or starting a family
Tips for a stronger application
- Cover the whole relationship. Spread your evidence across the full period, not just the last few months.
- Choose quality over quantity. A few clear, dated documents beat hundreds of photos.
- Stay consistent. The dates in your statements should match your documents.
- Explain any gaps. If you lived apart for a while, say why and show how you kept in touch.
- Be honest about the past. Declare all previous marriages and de facto relationships.
How Visa Pro can help
Proving a de facto relationship can feel overwhelming. However, you do not have to do it alone.
As an experienced partner visa agent in Melbourne, Visa Pro Migration & Education Services can help you:
- check that you meet the de facto requirements
- build a clear, well-organised evidence checklist
- prepare your relationship statements and Form 888 declarations
- lodge onshore (subclass 820/801) or offshore (subclass 309/100) applications
Call +61 433 454 580 or email info@visa-pro.com.au to book a consultation.
Frequently asked questions
What documents do I need to prove a de facto relationship?
You need evidence across four areas: finances, your household, your social life and your commitment to each other. Common documents include joint bank statements, a shared lease or bills, photos together, Form 888 declarations from friends and family, and personal statements from both partners.
How long do we need to be in a de facto relationship before applying?
In most cases, you must have been in a de facto relationship for at least 12 months immediately before you apply. This requirement does not apply if your relationship is registered in an Australian state or territory, or if there are compelling and compassionate circumstances.
Can we apply if we have been together for less than 12 months?
Only if an exception applies, such as a registered relationship or compelling and compassionate circumstances (for example, a dependent child together). Otherwise, you will generally need to wait until you reach 12 months.
Do we have to live together the whole time?
No. You must live together, or not live apart on a permanent basis. Short periods apart for work, study or family reasons are usually fine, as long as you explain them and show how you stayed in contact.
What if we are in a long-distance relationship?
You can still apply. However, you will need strong evidence of regular contact, visits and support during the time you were apart.
How long does a Partner Visa take to process?
Processing times change regularly and depend on your circumstances. Check the latest figures on the Department of Home Affairs global visa processing times page.
Do I need to declare previous relationships?
Yes. You must declare any previous marriages or de facto relationships in your application, for both partners.
Do we need to include personal statements?
Yes. Personal statements from both partners are a key part of the application. They should explain how you met, how your relationship developed and your plans for the future.
Can Visa Pro help if I am applying from overseas?
Yes. We help clients apply both onshore (subclass 820/801) and offshore (subclass 309/100), wherever you are in the world.
