Can my partner be included in my Safe Haven Enterprise visa (790) application in 2026?
Yes — a spouse or de facto partner can be included in your Safe Haven Enterprise visa (Subclass 790) application, as a member of your same family unit, and the deciding constraint is location: you and everyone included must be in Australia when the application is lodged. This is set out on the Australian Department of Home Affairs' Safe Haven Enterprise visa (Subclass 790) official page, as of August 2026. What follows is general information about how that rule works, not personalised advice for your circumstances — the weight any particular document carries in your case is something to weigh against the official page or with a qualified professional.
Who counts as part of the same family unit?
The Department defines the same family unit by relationship to a "family head". For a 790 application, the official page lists these as members of that unit:
- spouse or de facto partner of the family head
- dependent child or step-child of the family head
- dependent child or step-child of the family head's partner
- other dependent relatives of the family head
Your partner therefore sits in the first category — the one that does not require any dependency test. Unlike a parent, sibling or cousin, a spouse or de facto partner is not assessed against the "wholly or substantially reliant" test that applies to other dependent relatives; being in that relationship with the family head is enough to bring them into the unit.
One point that surprises people: the family head does not have to be you. The official page states the family head can be you, or someone else in your family who has not applied for this visa. So a partner can also be included as the partner of a relative who is the family head of the same application.
Does a de facto partner count the same way as a spouse?
The official page lists "spouse or de facto partner" together, with no separate eligibility threshold attached to either one. Marriage is not a requirement for inclusion.
The practical difference is evidential. For a marriage, a marriage certificate is the obvious starting document; for a de facto relationship, the Department's document guidance asks for financial documents and undertakings for de facto relationships, alongside birth certificates, notarial certificates and any other evidence that supports the relationship between each person in the application.
The application form itself also asks for relationship history, and the Department asks applicants to make sure there are no gaps in the timelines it requests — the same instruction it gives for education, work, travel and address history.
Where does my partner need to be?
In Australia, at the time of application. The official page states this twice over: in the "Apply from" section, which says you and any members of your family unit included in your application must be in Australia when you apply, and again in the family members section, which lists "be in Australia at the time of application" as one of two conditions for applying together on the same application.
The second condition is that they are eligible to apply for this visa. Both conditions sit on the same footing, so a partner who is offshore at lodgement is not simply an administrative problem to fix later — the onshore requirement is attached to the moment of application.
Can I add my partner after I have already lodged?
Yes, but only within the window and categories the Department allows. The official page says you can add members of your same family unit at any time before a decision is made, and that after submission the categories narrow to:
- spouse or de facto partner of someone who has already applied for the visa
- dependent child of someone who has already applied for the visa
Three conditions apply to adding them after lodgement: they are in Australia, they are eligible to apply for this visa, and your application has not yet been decided. The mechanism is Form 1436 (Adding an additional applicant after lodgement), which is attached with relationship evidence in ImmiAccount.
Note what this means in practice for couples: a partner can be added later, but only if they are already in Australia by then. Adding someone to an application is not a route that brings an offshore partner in.
What does my partner have to satisfy in their own right?
Being in the family unit is not the same as being granted a visa. The official page states that members of the same family unit applying for this visa must meet the Department's health, character and security requirements.
On character, the document guidance asks for police certificates from each country the person has lived in for 12 months or more during the past 10 years after turning 16 — excluding a country from which protection is claimed — and instructs applicants not to arrange police certificates until asked. Military service records or discharge papers are requested where someone in the application served in the armed forces of any country. Biometrics may be requested for the applicant or any members of the same family unit included in the application.
If biometrics are requested and not provided, the official page is explicit about the consequence: the application will be invalid and cannot be considered, and any bridging visa granted at application ends 35 days after the invalid-application notification.
What if our relationship changes while the application is pending?
Changes in marital or de facto status are listed among the things you must tell the Department about after applying, along with changes to name, contact details, address or passport, pregnancy, the birth of a child, a death in the family, and wanting to withdraw the application. Mistakes on an application are handled separately, through Form 1023 (Notification of incorrect answers).
Withdrawal is a shared act if your partner is an adult: any additional applicants aged 18 or over must sign the withdrawal letter or send their own separate email or letter. If you hold a bridging visa and withdraw before a decision, the official page notes you may be prevented from applying for a SHEV or a Temporary Protection visa, and the bridging visa expires 35 days after withdrawal.
What if we have a child while the application is being decided?
A child born after you submit and before a decision is taken to be included in that application. The official page requires you to notify the Department as soon as possible by completing Form 1022 (Notification of change of circumstances), providing a clear colour copy of the original birth certificate, and attaching these in ImmiAccount or posting them to the address where the application was sent — with a certified copy of the birth certificate required if sent by post.
A child born in Australia is automatically granted the same visas their parents hold at the time of birth.
What happens to my partner if I travel, or if the application is refused?
Both outcomes travel with the family unit. If a SHEV is granted, visa condition 8570 (Restricted travel) applies: you cannot travel to your home country under any circumstances, and entry to any other country requires compassionate or compelling reasons plus the Department's written approval before leaving Australia. Travelling overseas without that approval breaches condition 8570, and the Department says it may cancel your visa — and the visas of members of your family unit — while you are offshore.
If the application is refused, the refusal notification letter explains why and sets out review rights with the Administrative Review Tribunal (ART), including the timeframes for applying. The official page also states the application fee is not refunded on refusal.
Frequently Asked Questions
Can I include my de facto partner in my 790 application?
Yes. The Department lists "spouse or de facto partner of the family head" as a member of the same family unit, alongside dependent children and other dependent relatives. Marriage is not required, and partners are not subject to the dependency test that applies to other relatives.
Does my partner have to be in Australia when I apply?
Yes. The official page requires you and any members of your family unit included in the application to be in Australia at the time of application. This onshore requirement applies at lodgement and again if you add a family member later.
Can I add my partner to my application after I have lodged it?
Yes, up until a decision is made. After lodgement you can add a spouse or de facto partner of someone who has already applied, or a dependent child, using Form 1436, provided they are in Australia, eligible, and your application is undecided.
What documents show we are in a de facto relationship?
The Department's guidance asks for documents or evidence supporting the relationship between each person in the application, including marriage certificates where relevant and financial documents and undertakings for de facto relationships. It also asks for relationship history on the form with no gaps in the timeline.
Does my partner need to meet health and character requirements separately?
Yes. Members of the same family unit applying for this visa must meet the Department's health, character and security requirements, and biometrics may be requested for them as well as for you.
What happens if we separate while the application is being processed?
A change in marital or de facto status is one of the changes you must tell the Department about after applying. If the relationship that qualifies someone as a family unit member ends, that is a material change to the application rather than a private matter.
If my visa is cancelled for travelling without permission, is my partner's affected too?
Potentially, yes. The official page states that travelling overseas without written approval breaches condition 8570 and that the Department may cancel your visa and the visas of members of your family unit while you are offshore.