Partner visas / De facto partner visas
Guide · De facto couples
De facto partner visas: the 12-month rule.
You don't need to be married to apply for a partner visa. De facto couples usually need 12 months together first, and registering your relationship can remove that requirement.
The test
What counts as a de facto relationship.
Home Affairs treats you as de facto partners if you are not married to each other and all of these are true.
The relationship
- You have a mutual commitment to a shared life together, to the exclusion of anyone else
- The relationship is genuine and continuing
- You are not related by family
- You are both 18 or older
Living together
- You live together, or you don't live apart on a permanent basis
- Time apart for work, study or visa reasons can be fine if you stayed committed and in contact
- Same-sex and opposite-sex couples are treated the same
The 12-month rule
Twelve months, immediately before you apply.
For most de facto couples, the relationship must have existed for at least 12 months immediately before the application is lodged. The 12 months must be as a couple, not just as housemates.
When the rule doesn't apply
- Your relationship is registered under a state or territory law
- There are compelling and compassionate circumstances, such as a dependent child of the relationship
- Certain cases where the sponsor came to Australia on a humanitarian visa and declared the relationship before it was granted
Married couples
The 12-month rule is a de facto rule. Married couples can apply once they are married, whether the marriage took place in Australia or overseas, as long as it is valid under Australian law.
If you plan to marry in Australia, a Notice of Intended Marriage must be lodged at least one month before the wedding. Engaged and overseas? The prospective marriage visa (300) may fit.
Registering your relationship
State and territory registers.
A relationship registered under a state or territory law lets you apply without first showing 12 months. It does not prove your relationship is genuine: Home Affairs still assesses it.
| State | Register | Who can register | Timing |
|---|---|---|---|
| NSW | NSW Relationships Register | At least one of you lives in NSW | 28-day cooling-off; up to 7 weeks in total |
| Victoria | BDM Victoria | At least one of you lives in Victoria | 28-day cooling-off; up to 35 days |
| Queensland | Civil partnership, Qld BDM | At least one of you lives in Queensland | 10-day cooling-off |
| South Australia | SA Relationships Register | At least one of you lives in SA | No earlier than 28 days after processing |
| ACT | Civil partnership, Access Canberra | At least one of you has lived in the ACT for 3 months | Check with Access Canberra |
| Tasmania | Tasmanian relationships register | Both of you live in Tasmania | At least 28 days |
| WA | No register | Not possible | 12 months must be shown |
| NT | No register | Not possible | 12 months must be shown |
Should you register?
When registration helps, and when it doesn't.
Usually worth it
- You have lived together for less than 12 months
- A current visa expires before you would reach 12 months
- You can both meet the register's residence rule
Usually not needed
- You already have 12 months of shared life you can prove
- You plan to marry soon anyway
- You live in WA or the NT, where there is no register
Evidence
What Home Affairs looks at.
Your relationship is assessed across four areas. Most refusals come from thin or inconsistent evidence, not from the relationship itself.
Financial
Joint bank accounts, shared bills, leases or loans, and how you share day-to-day costs.
Household
Living arrangements, shared responsibility for the home, and mail addressed to you both.
Social
Whether friends and family know you as a couple: photos, travel, invitations and Form 888 statements from people who know you.
Commitment
Your history together, time spent apart and how you stayed in touch, and your plans for the future.
By state
Partner visas where you live.
Registers, witnesses and regional rules differ by state. See your city page for local details.
How it works
From first call to decision.
Discovery call or consultation
A free 15-minute discovery call checks basic eligibility and whether we're the right fit. It isn't legal advice. For advice on your situation, book a 30-minute consultation ($330).
Engage us
You receive a written quote, a document checklist and an evidence plan for your relationship.
We build your application
Your lawyer checks every document and drafts your relationship statements with you.
Final review and lodgement
You approve it and we lodge. We deal with Home Affairs until a decision.
FAQ
Questions about de facto partner visas.
Do we have to live together to be de facto?
Usually you need to live together, or not live apart permanently. Periods apart can be explained, for example for work or visa reasons, if the relationship continued.
Does time before we were a couple count?
No. The 12 months is time in a de facto relationship, not time sharing a house.
Is a registered relationship the same as being married?
For the 12-month rule, it works like an exception. Your relationship is still assessed on the same four areas as any other partner visa.
We live in WA. What can we do if we have less than 12 months?
WA has no register, so the options are to wait until you reach 12 months, to marry, or to show compelling and compassionate circumstances. We plan the timing with you so nothing is lodged early.
Can we register in a state where we don't live?
No. Each register has its own residence rule. Registering somewhere you don't live isn't an option.
Do we need statements from friends?
Yes, they are strongly recommended. Friends and family who know you as a couple complete Form 888. Since July 2023 it is a supporting statement, not a statutory declaration, so it does not need a JP or any other witness.
General information only, current at 14 October 2026. Not legal advice. Home Affairs policy and the Migration Regulations change; we check your case against the rules in force when you apply.
Not sure which visa fits?
Book a free 15-minute discovery call to check basic eligibility and whether we're the right fit. It isn't legal advice, and depending on your circumstances you may still need a consultation. For legal advice now, book a 30-minute consultation ($330). Or call 1300 079 743.