If you are in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, you may be eligible for a Partner Visa — even if you are not legally married.
For many couples across Sydney, Queensland, South Australia, Victoria, and beyond, the de facto relationship pathway provides a recognised and meaningful way to stay together in Australia while building a shared life.
At Tolic Lawyers , our experienced migration lawyers assist clients nationwide. We guide couples through gathering evidence 12-month requirement of being in a de facto , and registering their relationship where possible to ensure a decision-ready Partner Visa application.
What Is a De Facto Relationship?
A de facto relationship, under Regulation 1.09A of the Migration Regulations 1994, refers to two people (of any gender) who:
- Are not married to each other;
- Have a mutual commitment to a shared life to the exclusion of all others;
- Live together, or do not live apart on a permanent basis; and
- Share a genuine and continuing relationship.
- The relationship existed for at least 12 months before the date of application.
- Cohabitate for 12 months or obtain a registration of relationship through relevant state authority where available.
Generally speaking, the Department of Home Affairs requires de facto couples to demonstrate at least 12 months of cohabitation before applying for a Partner Visa.
However, if your relationship is registered under a recognised state or territory scheme, this requirement may be waived. Consequently, registering your relationship can make a significant difference to your eligibility.
Why Relationship Registration Matters
Registering Your Relationship – A Strategic Step
Relationship registration can be a powerful strategy, particularly for couples who have not yet lived together for 12 months or who live apart due to work, study, or visa restrictions. By registering, your relationship is legally recognised under state law, and therefore, the Department will waive the 12-month cohabitation rule.
Furthermore, registration offers credible evidence that supports your Partner Visa application, demonstrating your intention to maintain a long-term, genuine relationship.
How to Register by State or Territory
Because every state and territory manages its own registration process, it is essential to follow the correct one. Below is a quick reference:
| State / Territory | Where to Register |
|---|---|
| New South Wales (NSW) | NSW Registry of Births, Deaths & Marriages |
| Queensland (QLD) | QLD Registry of Births, Deaths and Marriages – Civil Partnership Act 2011 |
| South Australia (SA) | Relationships Register – Births, Deaths & Marriages SA |
| Victoria (VIC) | Victorian Relationships Register |
Ultimately, registration formalises your relationship and can strengthen your application by providing verifiable, state-issued evidence.
Building a Strong Partner Visa Case
Proving a Genuine and Ongoing Relationship
Every document you provide should help tell your story. Since the Department of Home Affairs assesses your relationship holistically, it is vital that your evidence is clear, consistent, and supported by dates. The Department reviews applications across four key aspects, each equally important:
1 Financial Aspects
- Joint bank accounts, shared financial commitments, or lease and mortgage documents.
- Utility bills and insurance policies in both names.
- Records showing shared expenses and mutual financial support.
2 Nature of the Household
- Joint tenancy or lease agreements, mail addressed to both partners, or shared household responsibilities.
- Evidence of daily life such as grocery receipts, childcare responsibilities, and household budgeting.
3 Social Aspects
- Photos, invitations, or joint travel bookings showing shared experiences.
- Form 888 declarations from friends or family confirming the relationship.
- Proof of social recognition, such as social media posts, memberships, or community involvement.
4 Nature of Commitment
- Communication records, such as messages, emails, or calls when apart.
- Future plans together — for example, marriage, purchasing property, or shared travel.
- Statutory declarations describing your relationship history and your long-term intentions.
Collectively, detailed evidence demonstrates that your relationship is genuine, continuing, and mutually exclusive. This is not an exhaustive list.
How to Respond to Evidentiary Challenges (Section 56 Requests)
Occasionally, the Department of Home Affairs may issue a Section 56 Request for Further Information. This usually indicates that your application is incomplete or unclear. Although this can be stressful, it also provides a valuable opportunity to strengthen your case.
When responding to an s56 request:
- First, review your original submission carefully to identify any missing documents.
- Next, gather additional evidence that fills those gaps and explains any discrepancies.
- Finally, seek professional advice if needed, as migration lawyers can help you structure a comprehensive, timely response.
By addressing such requests strategically, you can significantly improve your chances of approval.
Partner Visa Options in Australia
Depending on your circumstances, there are two primary Partner Visa pathways available:
Onshore – Subclass 820/801 Partner Visa
This option is for applicants who are in Australia at the time of lodgement. Generally, you will receive a Bridging Visa, allowing you to remain lawfully in the country while your Partner Visa application is processed.
Offshore – Subclass 309/100 Partner Visa
Alternatively, if you are outside Australia when applying, you can pursue the offshore pathway. Once approved, you will be able to travel to and reside in Australia with your partner.
Both pathways form a two-stage process — temporary to permanent residence. Therefore, submitting a well-prepared, evidence-based application at the first stage is crucial to a smoother transition to permanent status later on.
Professional Support from Tolic Lawyers
At Tolic Lawyers, we work with couples throughout Australia. Because each case is unique, we take the time to understand your individual circumstances and tailor our legal advice accordingly.
Our team can:
- Evaluate your eligibility and advise on strategy.
- Assist with relationship registration across states and territories.
- Draft, review, and verify Form 888s and statutory declarations.
- Prepare or review decision-ready Partner Visa applications.
- Respond effectively to Section 56 requests or complex evidentiary issues.
Start Your Partner Visa Journey Today
If you’re ready to move forward, we can help you prepare a complete and decision-ready Partner Visa application that clearly reflects your genuine relationship.
Book a Consultation
Call: (02) 8077 2562
Disclaimer
This information is accurate as of 2025; however, migration laws and government policies may change over time. The content is provided for general educational purposes only and does not constitute legal or migration advice. Readers should always seek individualised guidance from a registered migration lawyer or agent before lodging, varying, or relying on any visa application.
