De Facto Relationship 12 months rule for Partner Visa.
An applicant for a Partner Visa that is not married, must generally show that they have been in a De Facto Relationship 12 months, at the time of application.
However, sometimes there are ways to still apply, even if the De Facto Relationship is under 12 months.
This is the wording in the Immigration website that relates to this:
Subclass 309 – De facto partners
Additional proof of a de facto relationship
In addition to documents proving your relationship, show us you have been in your de facto relationship for at least 12 months before you applied for this visa.
If you haven’t been in the relationship for 12 months, tell us in writing why the 12-month requirement does not apply. For example:
- provide evidence you have registered your relationship with an Australian births, deaths and marriages agency, or
- explain any compelling and compassionate circumstances exist to grant the visa
Subclass 820 – De facto partners
To be a de facto partner, you must be in a de facto relationship.
- you and your partner are in a de facto relationship if all these apply:
- you are not married to each other
- you are committed to a shared life to the exclusion of all others
- your relationship is genuine and continuing
- you live together or do not live separately and apart on a permanent basis
- you are not related by family
Usually your de facto relationship must have existed for at least 12 months immediately before you apply for the visa. Time spent dating or in an online relationship might not count as being in a de facto relationship.
The 12-month requirement will not apply if you can show us compelling and compassionate circumstances exist to grant the subclass 820 visa.
The 12-month requirement also will not apply if:
- your partner holds or held a permanent humanitarian visa
- your de facto relationship existed before we granted their visa
- your de facto partner told us about the relationship before we granted their visa
It also will not apply if you:
- are in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa, or
- you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages
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