Understanding De Facto Relationship Requirements for Partner Visa Applications
- Leading Edge
- 3 hours ago
- 4 min read
In 2026, the Australian Partner Visa remains one of the most popular pathways to residency. However, if you aren't married, you must prove you are in a De Facto Relationship.
Unlike a marriage certificate, which provides instant legal recognition, a de facto relationship must be proven through a consistent "story" of your life together. Here is how to navigate the requirements in 2026.
The 4 Pillars of a De Facto Relationship in a Partner Visa
To grant a Partner Visa (Subclass 820/801 or 309/100), the Department of Home Affairs looks for evidence across four specific "pillars." You must show that you and your partner are living together (or not apart permanently) and have a mutual commitment to a shared life.
1. Financial Aspects
The Department wants to see that you operate as a single financial unit.
Joint Bank Accounts: Regular use of a shared account for daily expenses like groceries and bills.
Joint Liabilities: Mortgages, car loans, or a lease agreement in both names.
Shared Assets: Major purchases (like furniture or electronics) made together.
2. Nature of the Household
This is about how you organize your daily life together.
Shared Residence: Utility bills (gas, electricity, internet) or rates notices addressed to both of you.
Household Chores: Statements explaining how you divide domestic duties.
Mail: Official correspondence (bank letters, government notices) sent to the same address.
3. Social Aspects
How does the world see your relationship?
Statutory Declarations (Form 888): Statements from Australian citizens or residents who know you as a couple.
Social Photos: Photos of you together at weddings, family dinners, and holidays.
Travel: Joint travel itineraries or flight tickets.
4. Nature of Commitment
This pillar focuses on the "long-haul" nature of your bond.
Knowledge of Each Other: Detailed personal statements about how you met and your history.
Wills & Superannuation: Naming each other as beneficiaries.
Future Plans: Evidence of joint long-term goals, such as plans to buy a home or have children.
The "12-Month Rule" and How to Bypass It
Generally, de facto couples must prove they have lived together for at least 12 months before applying. If you apply at 11 months, you risk an automatic refusal.
Ways to Waive the 12-Month Requirement:
Relationship Registration: In 2026, most Australian states (NSW, VIC, QLD, ACT, SA, and TAS) allow you to register your relationship. Once you have a Relationship Certificate, the 12-month cohabitation rule is waived.
Note: Western Australia (WA) and the Northern Territory (NT) do not have registers recognised for migration purposes.
Children: If you have a biological or adopted child together, the 12-month rule typically does not apply.
Compelling Circumstances: In rare cases (such as war or extreme illness), the Department may grant a waiver, though this is difficult to obtain.
FAQ: De Facto Relationships in 2026
1. Does "dating" count toward the 12 months?
No. The Department distinguishes between "dating" and "de facto." The 12-month clock usually only starts when you begin living together permanently and sharing financial responsibilities.
2. Can we apply if we are currently living apart?
Yes, but only if the separation is temporary. If one partner is working overseas or stuck behind a border, you must provide intense evidence of ongoing communication (call logs, chats) and financial support during the time apart.
3. Is a registered relationship the same as PR?
No. Registering your relationship simply satisfies the eligibility criteria for the visa. You still need to provide the "4 Pillars" of evidence to show the relationship is genuine and continuing.
4. What if we don't have a joint bank account?
While highly recommended, it is not a "deal-breaker." However, you must explain why (e.g., cultural reasons or existing financial structures) and show other ways you share costs, such as bank transfers between accounts for rent.
5. Can same-sex couples apply as de facto?
Absolutely. Australian migration law treats same-sex and opposite-sex de facto relationships identically. All the same evidence requirements apply.
Worried your evidence isn't strong enough? A single gap in your timeline can lead to a refusal. Book a "Relationship Audit" with Leading Edge Migration to ensure your 2026 application tells a complete and convincing story.
Why Choose Leading Edge Migration?
At Leading Edge Migration, we don't just process paperwork; we specialise in the "Human Element" of migration. We understand that behind every file number is a couple trying to overcome distance, cultural nuances, and language barriers.
Our Personalised Approach to Your PR Success
The 2026 migration landscape is highly digital and fast-paced. We ensure your application is "Decision-Ready" from day one by providing:
Relationship Audits: We identify gaps in your "Four Pillars" of evidence before they become an issue.
Strategic Lodgement: Whether you are applying Onshore (820) for immediate work rights or Offshore (309) to join your partner later, we choose the path that fits your timeline.
Complex Case Handling: From "No Further Stay" (8503) waivers to handling previous visa refusals, we have the expertise to navigate obstacles.
Disclaimer: This blog provides general information only and does not constitute legal advice. It's crucial to consult with a registered migration agent for personalised guidance based on your specific circumstances
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