What Is a De Facto Relationship?

A de facto relationship is a relationship where two people live together as a couple on a genuine domestic basis without being legally married to each other.

For Australian migration purposes, the Department considers the circumstances of the relationship rather than relying on a single document.

Evidence may cover areas such as:

• Financial aspects of the relationship
• Household and domestic arrangements
• Social aspects of the relationship
• Commitment to each other
• Length and development of the relationship
• Living arrangements
• Communication and contact
• Shared responsibilities

The evidence should tell a consistent story about your relationship.

De Facto Partner Visa Options in Australia

The appropriate Partner visa pathway depends partly on whether you are inside or outside Australia when applying.

Subclass 820 and 801 – Onshore Partner Visa

The Partner visa subclass 820 is the temporary stage of the onshore Partner visa pathway.

The applicant must generally be in Australia when applying.

The subclass 820 is followed by the subclass 801 permanent Partner visa, subject to the applicable requirements.

Subclass 309 and 100 – Offshore Partner Visa

The Partner visa subclass 309 is the provisional stage of the offshore Partner visa pathway.

The applicant must generally be outside Australia when applying for the subclass 309.

The subclass 309 can lead to the subclass 100 permanent Partner visa.

De Facto Partner Visa Checklist

The following checklist provides a practical guide to documents that may be relevant to your application.

It is not a substitute for the personalised checklist generated by Home Affairs for your application.

1. Identity Documents

Prepare clear copies of relevant identity documents, such as:

• Passport
• Birth certificate
• National identity card, where applicable
• Current Australian visa information
• Passport-sized photographs, where required
• Evidence of name changes
• Other identity documents requested by Home Affairs

If your name has changed, provide appropriate evidence such as:

• Marriage certificate
• Divorce documentation
• Change-of-name certificate
• Other official name-change evidence

2. De Facto Relationship Evidence

Relationship evidence is one of the most important parts of a de facto Partner visa application.

The evidence should demonstrate that your relationship is genuine and continuing.

Home Affairs identifies four important areas of relationship evidence:

Financial Aspects

Examples may include:

• Joint bank account statements
• Joint savings
• Household bills in both names
• Joint lease or mortgage
• Joint loans
• Joint ownership of assets
• Shared expenses
• Money transfers between partners
• Evidence of financial support
• Joint insurance policies
• Other evidence showing financial interdependence

The purpose is to demonstrate how you manage financial matters as a couple.

3. Household and Domestic Arrangements

Evidence can demonstrate how you organise your shared household.

Possible documents include:

• Joint rental agreement
• Joint mortgage
• Utility bills
• Electricity accounts
• Gas accounts
• Internet accounts
• Council documents
• Mail addressed to both partners
• Evidence showing the same residential address
• Shared household expenses
• Evidence of shared domestic responsibilities
• Documents relating to children
• Other evidence of your living arrangements

Home Affairs recognises household bills, documents showing living arrangements and evidence of joint responsibility for children as possible relationship evidence.

4. Social Aspects of Your Relationship

Your social evidence can help demonstrate that your relationship is known and recognised by family, friends and the wider community.

Possible evidence includes:

• Photographs together
• Invitations addressed to both partners
• Wedding or engagement invitations
• Family event invitations
• Travel bookings
• Holiday records
• Joint social activities
• Evidence of attending events together
• Messages from family or friends
• Evidence of shared friendships
• Social media evidence, where appropriate
• Evidence that you have told government or commercial organisations about your relationship

Home Affairs identifies joint invitations, common friends, joint activities and travel together as examples of social relationship evidence.

5. Evidence of Commitment

You should provide evidence demonstrating your commitment to each other and the ongoing nature of your relationship.

Examples can include:

• Personal relationship statements
• Evidence of regular communication
• Evidence of contact while temporarily apart
• Travel records
• Future plans together
• Joint financial planning
• Wills
• Emergency contact information
• Evidence of knowledge about each other's family and personal circumstances
• Evidence of supporting each other
• Evidence showing important milestones in your relationship

Home Affairs identifies evidence of communication, knowledge of each other's circumstances, combined personal matters and wills as examples of commitment evidence.

6. Relationship Timeline

A detailed relationship timeline can make it easier to present your evidence in a logical way.

Your timeline may include:

When you first met

↓

When your relationship began

↓

First trip or major event together

↓

When you started living together

↓

Important family events

↓

Joint financial arrangements

↓

Engagement or marriage plans, if applicable

↓

Current living arrangements

↓

Future plans together

Make sure the dates in your timeline are consistent with the supporting documents.

7. Evidence of Living Together

If you live together, provide evidence covering different periods of your shared residence.

Possible documents include:

• Rental agreements
• Lease renewals
• Mortgage documents
• Utility bills
• Internet bills
• Council correspondence
• Bank correspondence
• Government correspondence
• Driver licence address records
• Insurance documents
• Joint mail
• Other official documents showing your shared address

If you have lived at multiple addresses, consider providing evidence for each significant period.

8. Evidence When You Have Lived Apart

A de facto relationship does not necessarily mean that you have never spent time apart.

If you have lived separately for periods of time, explain why and provide supporting evidence where relevant.

Examples may include:

• Work commitments
• Study
• Family responsibilities
• Travel
• Visa restrictions
• Temporary relocation
• Other genuine circumstances

Evidence may include:

• Flight bookings
• Travel records
• Messages
• Phone records
• Emails
• Video call records
• Accommodation bookings
• Letters
• Evidence of visits

The key is to explain the circumstances clearly and show how you maintained your relationship.

9. Relationship Statements

Both partners should consider preparing detailed statements explaining their relationship.

A relationship statement may cover:

• How you met
• When your relationship began
• How the relationship developed
• When you decided to live together
• Your household arrangements
• Financial arrangements
• Social activities
• Family involvement
• Important relationship milestones
• Periods when you lived apart
• How you support each other
• Your future plans
• Why you consider the relationship genuine and continuing

The statements should be truthful and consistent with the documentary evidence.

Avoid copying generic templates that do not accurately describe your relationship.

10. Statutory Declarations and Supporting Statements

Statements from people who know you as a couple may help provide additional evidence of your relationship.

Depending on the application and circumstances, supporting declarations may come from:

• Family members
• Friends
• Colleagues
• Community members
• Other people who have known the relationship

The declaration should explain:

• How the person knows you
• How long they have known you
• How they know about your relationship
• What they have personally observed
• Why they believe you are a genuine couple

Use the appropriate Australian statutory declaration requirements where applicable.

11. Sponsor Documents

The Australian sponsor may need to provide documents relating to their identity and eligibility to sponsor.

Depending on the circumstances, this may include:

• Australian passport
• Australian citizenship evidence
• Permanent residence evidence
• Eligible New Zealand citizen evidence
• Identity documents
• Evidence relating to previous sponsorships
• Police certificates
• Other documents requested by Home Affairs

Home Affairs advises sponsors to provide relevant police certificates when submitting the sponsorship or as soon as possible after applying, according to the applicable Partner visa process.

12. Character Documents

Character documents may be required for the applicant and, depending on the circumstances, the sponsor.

These can include:

• Police certificates
• Overseas police checks
• Australian Federal Police checks where applicable
• Other character documents requested by Home Affairs

Do not assume that one police certificate automatically covers every circumstance.

Follow the current instructions provided for your specific application.

13. Previous Relationship Documents

If either partner has previously been married or in another relevant relationship, provide appropriate evidence.

Depending on the circumstances, this may include:

• Previous marriage certificate
• Divorce certificate
• Death certificate
• Separation evidence
• Court documents
• Evidence relating to previous de facto relationships
• Statutory declarations
• Other relevant documents

Home Affairs specifically advises family visa applicants to provide information about previous relationships, including marriage, divorce, death and separation documents where relevant.

14. Residential History

Partner visa applicants should carefully prepare their residential history.

Home Affairs advises applicants to provide their full residential and travel history for the past 10 years, including relevant information for dependent applicants.

Prepare a chronological list containing:

• Address
• Suburb/city
• Country
• Start date
• End date

Avoid unexplained gaps.

15. Travel History

Prepare a complete travel history covering the required period.

Include:

• Country visited
• Date of departure
• Date of return
• Purpose of travel
• Relevant supporting evidence where required

Travel evidence can also help demonstrate periods when partners travelled together or maintained contact while apart.

16. Children and Family Documents

If you have children, additional documents may be relevant.

Depending on the circumstances, these may include:

• Birth certificates
• Custody documents
• Parenting orders
• Evidence of parental responsibility
• Consent from another parent where required
• Evidence of dependency
• Adoption documents
• School records
• Other family documents

If a child is included in a visa application, additional requirements may apply depending on the child's circumstances.

17. Financial Evidence Checklist

Consider organising financial evidence into a separate section.

Possible evidence:

☐ Joint bank accounts
☐ Joint savings
☐ Joint loans
☐ Joint credit arrangements
☐ Rent payments
☐ Mortgage documents
☐ Utility bills
☐ Shared household expenses
☐ Insurance policies
☐ Major joint purchases
☐ Money transfers
☐ Evidence of financial support
☐ Other shared financial commitments

The objective is to demonstrate the actual financial arrangements between you and your partner.

18. Household Evidence Checklist

Possible evidence:

☐ Joint lease
☐ Mortgage documents
☐ Utility bills
☐ Internet bills
☐ Council correspondence
☐ Mail at the same address
☐ Shared household expenses
☐ Evidence of domestic responsibilities
☐ Joint responsibility for children
☐ Other evidence of shared living arrangements

19. Social Evidence Checklist

Possible evidence:

☐ Photos together
☐ Family events
☐ Social events
☐ Invitations
☐ Travel bookings
☐ Holiday records
☐ Joint activities
☐ Evidence of mutual friends
☐ Family correspondence
☐ Evidence relationship is publicly known
☐ Other relevant social evidence

Avoid submitting hundreds of similar photographs. A smaller selection showing different occasions, locations and stages of the relationship can be more useful when properly organised.

20. Commitment Evidence Checklist

Possible evidence:

☐ Relationship statements
☐ Communication history
☐ Evidence of contact while apart
☐ Future plans
☐ Joint financial planning
☐ Wills
☐ Emergency contacts
☐ Evidence of family involvement
☐ Evidence of mutual support
☐ Travel history
☐ Other evidence demonstrating commitment

21. Organising Your Partner Visa Documents

A well-organised application can make your evidence easier to understand.

Consider arranging documents under headings such as:

Folder 1 – Identity

Passport, birth certificate and identity documents.

Folder 2 – Relationship Timeline

Relationship history and important milestones.

Folder 3 – Financial

Banking, bills, loans and shared expenses.

Folder 4 – Household

Lease, mortgage, bills and shared address evidence.

Folder 5 – Social

Photos, invitations, travel and social evidence.

Folder 6 – Commitment

Statements, communication and future plans.

Folder 7 – Sponsor

Sponsor identity, eligibility and character documents.

Folder 8 – Previous Relationships

Marriage, divorce and other relevant documents.

Folder 9 – Children

Birth certificates, custody and dependency evidence where applicable.

Folder 10 – Other Supporting Evidence

Any additional documents relevant to your individual circumstances.

22. Translation of Documents

Documents that are not in English may need to be translated.

Home Affairs advises that documents should be translated into English.

Where a translation is completed in Australia, the translation should include the translator's NAATI practitioner number.

Where translation is completed outside Australia, Home Affairs advises that the translator's details and qualifications should be provided.

Always check the current Home Affairs translation requirements before submitting documents.

23. Uploading Partner Visa Documents

Partner visa applications are generally submitted online through ImmiAccount.

After lodging your application, documents and additional information can be attached through ImmiAccount.

Home Affairs advises applicants to use the document checklist associated with their application and to provide required information and documents.

Do not rely solely on a general checklist found on a website.

Your individual ImmiAccount checklist and requests from the Department should take priority.

24. De Facto Relationship and the 12-Month Requirement

One issue that many applicants ask about is the 12-month de facto relationship requirement.

The applicable requirement depends on the visa pathway and the circumstances of the applicant.

Evidence may need to demonstrate the required period of the de facto relationship.

Possible evidence can include:

• Joint lease agreements
• Utility bills
• Joint bank accounts
• Shared household expenses
• Mail
• Travel records
• Relationship statements
• Evidence from family and friends
• Other documents showing the development and continuity of the relationship

There are circumstances where different rules or exceptions may apply, so applicants should not assume that the same 12-month rule applies identically to every Partner visa situation.

25. Genuine and Continuing Relationship

A Partner visa application should present a consistent picture of your relationship.

The Department may consider evidence relating to:

Financial aspects

How you manage money and financial responsibilities.

Household arrangements

How you live together and share domestic responsibilities.

Social aspects

How your relationship is recognised by family, friends and the community.

Commitment

How you support each other and plan your future together.

These four areas are commonly used to structure relationship evidence.

26. What If Your Relationship Has Changed?

If a relationship ends after a Partner visa application has been lodged, do not simply abandon the application without obtaining appropriate information.

There are circumstances where an applicant may still be eligible for a permanent Partner visa despite the relationship ending.

Home Affairs identifies circumstances that can include:

• Death of the sponsoring partner
• Domestic and family violence
• The applicant and sponsor having a child and sharing access and parental responsibility

Specific family violence provisions may also apply in qualifying circumstances.

If this situation applies to you, obtain professional migration advice as soon as possible.

27. Common De Facto Partner Visa Mistakes

Providing Only Photos

Photos alone generally do not demonstrate the complete nature of a relationship.

Providing Only a Joint Bank Account

A joint account can be useful, but relationship evidence should cover different aspects of your life together.

Inconsistent Dates

Dates in statements, leases, travel records and other documents should be consistent.

Missing Periods of Residence

Avoid unexplained gaps in your residential history.

Ignoring Previous Relationships

Previous marriages and relationships should be disclosed where required.

Uploading Large Amounts of Unorganised Evidence

More documents do not automatically mean stronger evidence. Relevant, organised and consistent evidence is important.

Using Generic Relationship Statements

Your statements should accurately describe your own relationship.

Ignoring ImmiAccount Requests

Respond to Department requests within the specified timeframe or seek additional time where appropriate.

Using an Old Checklist

Partner visa requirements and document requirements can change. Always check the current Home Affairs requirements for your application.

28. De Facto Partner Visa Checklist – Quick Version

Applicant

☐ Passport
☐ Birth certificate
☐ Identity documents
☐ Name-change evidence, if applicable
☐ Visa history
☐ Character documents
☐ Residential history
☐ Travel history
☐ Previous relationship documents
☐ Relationship statement

Sponsor

☐ Passport/citizenship/PR evidence
☐ Identity documents
☐ Sponsor documents
☐ Police certificates where required
☐ Previous sponsorship information

Financial Relationship

☐ Joint bank accounts
☐ Joint bills
☐ Joint loans
☐ Rent/mortgage
☐ Shared expenses
☐ Insurance
☐ Other financial evidence

Household

☐ Joint lease
☐ Mortgage
☐ Utility bills
☐ Shared address evidence
☐ Household responsibilities
☐ Children-related evidence where applicable

Social

☐ Photos
☐ Travel
☐ Invitations
☐ Family events
☐ Friends
☐ Social activities
☐ Evidence relationship is known to others

Commitment

☐ Relationship statements
☐ Communication
☐ Future plans
☐ Evidence of mutual support
☐ Wills or other relevant documents
☐ Evidence of periods spent apart

29. Partner Visa Checklist for Subclass 820/801

If you are applying in Australia, your pathway may involve:

Partner visa subclass 820

↓

Temporary Partner visa

↓

Permanent Partner visa subclass 801

Home Affairs states that the subclass 820 is the first stage of the onshore permanent Partner visa pathway.

After the relevant period has passed, eligible applicants can proceed to the permanent Partner visa assessment through ImmiAccount. Home Affairs currently states that holders of a temporary Partner visa subclass 820 or 309 become eligible for assessment of the permanent visa when two years have passed since they applied for the temporary visa, subject to the applicable requirements.

30. Partner Visa Checklist for Subclass 309/100

If you are outside Australia, your pathway may involve:

Partner visa subclass 309

↓

Partner visa subclass 100

The subclass 309 allows an eligible spouse or de facto partner to move to Australia temporarily, while subclass 100 is the permanent stage.

The relationship evidence should be prepared carefully from the beginning of the application.

Get Help With Your De Facto Partner Visa

Preparing a Partner visa application is about more than collecting documents. Your evidence should present a clear, consistent and genuine picture of your relationship.

At The Visa and Education Services Pty Ltd, we assist clients with Australian Partner visa pathways and can help you understand the evidence and documentation relevant to your circumstances.

Our services can include assistance with:

• De facto Partner visa applications
• Subclass 820 and 801
• Subclass 309 and 100
• Relationship evidence
• Partner visa document preparation
• Sponsor requirements
• Complex relationship circumstances
• Previous relationship history
• Family visa pathways
• Permanent Partner visa stage

Registered Migration Agent: Navneet Kaur – MARN 2318181

Phone: +61 430 077 714
Email: [email protected]
Website: https://thevisa.com.au/

Start Preparing Your Partner Visa Application

If you are in a genuine de facto relationship and are considering an Australian Partner visa, preparing your evidence early can help you organise your application more effectively.

Important: This checklist is a general guide only. Home Affairs provides an application-specific document checklist through ImmiAccount, and the documents required can vary according to your circumstances and visa subclass.