In Australia, the partner visa process can be confusing. This is especially true when people use terms like “de facto visa” and “offshore partner visa” interchangeably. While both allow partners of Australian citizens or permanent residents to live in Australia, they differ in several important ways.
This blog breaks down the key differences between the two. As a result, you can better understand which visa suits your relationship and when to consider hiring an offshore partner visa agent in Melbourne.
What Is a De Facto Visa?
A de facto visa isn’t a separate visa category. Rather, it refers to a relationship status you use when applying for a partner visa. Perhaps you and your partner are not legally married but live together in a genuine and ongoing relationship. In that case, you may be eligible to apply for a partner visa under the de facto category.
To qualify as a de facto couple under Australian immigration law, you must usually demonstrate:
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- A minimum of 12 months of living together in a committed relationship (unless registered in some Australian states)
- Shared finances, assets, or household responsibilities
- Social recognition of your relationship
- A minimum of 12 months of living together in a committed relationship (unless registered in some Australian states)
You can claim this type of relationship under both onshore (subclass 820/801) and offshore (subclass 309/100) partner visas.
What Is an Offshore Partner Visa?
An offshore partner visa (subclass 309/100) is for individuals applying from outside Australia. It allows the partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to join them in Australia.
You can apply under either:
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- Spouse (married)
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So, a de facto relationship is one type of relationship that can qualify for an offshore partner visa. It’s not a separate visa class. Facing a tough time lodging a de facto visa? Consult with our offshore or onshore partner visa agent in Melbourne to streamline the process.
Key Differences Between De Facto Visa & Offshore Partner Visa
Are you living overseas and in a de facto relationship with an Australian partner? If so, you could apply for the offshore partner visa (subclass 309) under the de facto category. On the other hand, you might already be in Australia. In that case, you could apply for an onshore partner visa (subclass 820) under the same de facto category.
In both cases, you need to prove the de facto relationship with strong documentation such as:
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- Joint lease or utility bills Bank account statements Photos, travel records, or social media showing your relationship timeline Statutory declarations from friends or family
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Key Takeaways
To sum up, a de facto visa is not a separate visa. Rather, it is a relationship type that qualifies you for a partner visa, whether onshore or offshore. An offshore partner visa, meanwhile, is a visa subclass (309/100) for those applying from outside Australia. It applies whether you are in a marriage or a de facto relationship.
Understanding the difference between the two is crucial to choosing the right path. If you’re uncertain about eligibility or documentation, consider speaking with a registered migration agent to streamline your application process.
Next Step
Get in touch with our partner visa agents at Visa Pro Migration & Education Services and we’ll take it from there. Call 0433 454 580 to get started.
