De facto partner visa: the 12-month relationship rule and the exceptions Home Affairs lists

Updated 2026-10-14 · General information, not migration advice · Run by the Arrivau team

Yes, in the usual case. The subclass 820 page and the subclass 309 page both say you usually must be in your de facto relationship for at least 12 months immediately before you apply. Both pages then list the same situations where the 12-month requirement will not apply: compelling and compassionate circumstances, certain permanent humanitarian visa cases, and registration of your relationship with an Australian State or Territory authority.

The subclass 820 is the onshore visa — that page says eligible applicants must apply in Australia. The subclass 309 is the offshore visa — that page says you must be outside Australia when you apply.

What a de facto relationship is

The glossary on the subclass 820 page defines a de facto relationship as one where you and your partner are not legally married to each other but:

  • you are committed to a shared life excluding all others; and
  • your relationship is genuine and continuing; and
  • you live together; or do not live separately and apart on a permanent basis; and
  • you are not related by family.

The glossary adds that a de facto relationship can be with someone of the same or different sex. Both visa pages state the basic rule the same way: to be a de facto partner, you must be in a de facto relationship.

The 12-month rule

The subclass 820 page says: "Usually you must be in a de facto relationship for at least 12 months immediately before you apply for this visa." The subclass 309 page says something similar for that visa, but it refers to your de facto relationship: "Usually you must be in your de facto relationship for at least 12 months immediately before you apply for this visa."

Both pages carry the same caution about how that time is counted: "Time spent dating or in an online relationship might not count as being in a de facto relationship." The word there is might — neither page states that dating or online time is excluded outright.

The 12 months is measured immediately before you apply, not from when you met and not from a later decision date.

The exceptions both pages list

Exception Subclass 820 page Subclass 309 page
Compelling and compassionate circumstances The 12-month requirement will not apply if you can show compelling and compassionate circumstances exist for you to be granted the temporary Partner visa (subclass 820) Same wording, naming the provisional Partner visa (subclass 309)
Permanent humanitarian visa Will not apply if your de facto partner holds or held a permanent humanitarian visa, your relationship existed before that visa was granted, and your partner told the department about the relationship before it was granted Identical three conditions
Humanitarian visa applicant Will not apply if you are in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa Same
Registered relationship Will not apply if you have registered your relationship with an Australian State or Territory authority such as a registry of births, deaths and marriages Same

The humanitarian visa exception is a single set of joined conditions — partner holds or held a permanent humanitarian visa, the relationship existed before the visa was granted, and the partner told the department about the relationship before it was granted. The last two exceptions are alternatives: being in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa, or having registered your relationship.

Registration means registration with an Australian State or Territory authority. Neither page refers to registration outside Australia.

Age rule for de facto applicants

The subclass 820 page says married applicants must, in most cases, be 18 or older when they apply, because usually you must be 18 or older to be married under Australian law. Both pages then state the de facto rule without qualification: "Applicants in de facto relationships must be 18 or older when they apply."

What the documents step asks for under 12 months

The "Gather and prepare your documents" step on the subclass 820 page, under evidence of your de facto relationship, asks you, in addition to documents proving your relationship, to show you have been in your de facto relationship for at least 12 months before you applied.

If you have not been with your de facto partner for 12 months, that page says you can:

  • provide evidence you have registered your relationship with an Australian State/Territory births, deaths and marriages agency, or
  • tell the department in writing about any compelling and compassionate circumstances for it to grant the visa.

That step also asks for a written relationship history covering how, when and where you first met, how the relationship developed, when you moved in together, got engaged or married, what you do together, time you spent apart, significant events in the relationship, and your plans for the future. If you are a de facto partner, you need to provide evidence of your de facto relationship.

Other evidence listed on that page falls under finances, your household, social matters and commitment — for example joint lease or bank documents, household bills in both names, mail addressed to you both, and statements from two witnesses who are 18 or older and know about your relationship.

Questions people ask

Does the 12-month rule mean living together for 12 months?

The rule on both pages is about being in a de facto relationship for at least 12 months immediately before you apply. The glossary definition of a de facto relationship on the subclass 820 page includes that you live together, or do not live separately and apart on a permanent basis.

Does time spent dating or online count toward the 12 months?

Both pages say that time spent dating or in an online relationship might not count as being in a de facto relationship.

Does registering our relationship remove the 12-month requirement?

Both pages say the 12-month requirement will not apply if you have registered your relationship with an Australian State or Territory authority such as a registry of births, deaths and marriages.

Do de facto applicants have to be 18?

Both the subclass 820 and subclass 309 pages say applicants in de facto relationships must be 18 or older when they apply.

Is the rule different for the 820 and the 309?

The two pages list the same exceptions. The wording differs slightly on the de facto relationship rule: the 820 page says usually you must be in a de facto relationship, while the 309 page says usually you must be in your de facto relationship.

Sources

Checked 11 October 2026

This page is an unofficial summary published by PartnerVisa.help, is not published by the Department of Home Affairs, and the department's current pages prevail if they differ.