We frequently come across couples who are confused by the minimum requirements in order to lodge a de-facto Partner Visa. In order to lodge a Partner Visa on a de-facto basis, you will be required to demonstrate to the Department of Home Affairs that you have been in a de-facto relationship for a period of 12 months (Reg 2.03A of the Migration Regulations 1994). The criteria applies at the time of application. This means that if you lodge an application, fail to meet the criteria and are subsequently refused, it can be difficult to turn this decision around at the Administrative Appeals Tribunal. Therefore, it is important that this requirements is correctly understood before you lodge the application. This will save you a lot of heartache further in the process.

This 12 month criteria can be waived in certain circumstances. Namely, when registering your relationship or alternatively getting married. Relationships cannot be registered in every state. For example, you cannot register a relationship in the Northern Territory or Western Australia. You will need to be mindful of this when planning when to lodge your Partner Visa. However, getting married or registering your relationship does not guarantee your visa will be granted. It merely removes the requirement to demonstrate that you have been in a relationship for 12 months. You will still be required to establish that you are in a genuine and continuing relationship. Depending on your circumstances this may be challenging even if you are married or have registered the relationship. For example, you may encounter issues if you have a very short relationship or you do not have much evidence to prove the relationship.