De facto requirements for an Australian partner visa — the 12-month rule and its exceptions

For unmarried couples, the biggest question when considering a partner visa is: does our relationship count as “de facto” under Australian law, and do we qualify yet? Many people half-hear “you must live together 12 months” and panic — when in fact there is a specific definition and a few important exceptions.

This article explains what makes a de facto relationship eligible for a partner visa (820/801 onshore or 309/100 offshore). This is a question about eligibility — different from how to prove it (see the four pillars of relationship evidence) and different from how to register a relationship (see registering a de facto relationship).

The content below is checked against Australian Department of Home Affairs guidance (immi.homeaffairs.gov.au) as at July 2026. Migration rules change over time — always check the official source or ask a registered migration agent (MARA) about your specific circumstances.

What “de facto” means under Australian law

Home Affairs does not require a certificate for a relationship to be de facto. The law defines a de facto relationship where both people:

• Are not related by family;
• Have a mutual commitment to a shared life to the exclusion of others (genuine and continuing);
• Live together, or do not live separately and apart on a permanent basis;
• Are 18 or over.

A common misreading: “live together” does not mean always under one roof. Long-distance couples, or those temporarily apart for work or visa reasons, can still qualify — provided the separation is temporary, not a de facto break-up, and there is evidence of continuing commitment.

The 12-month rule — and why it exists

The general rule: a de facto couple must have been in the de facto relationship for at least 12 months immediately before the date of application. This is a filter to distinguish serious relationships from new ones.

Those 12 months run from when the relationship actually became de facto (a committed shared life), not necessarily from when you met. Being able to pin down that milestone clearly — through messages, moving in together, opening joint accounts, telling family — matters a great deal for the file.

Three ways to handle the 12-month rule

1. You have 12 months — prove it fully. The most direct route: de facto for over 12 months with evidence spread across the four pillars.

2. Under 12 months but relationship registered. If you register your relationship under the law of a state/territory that has a registration scheme, the 12-month requirement is generally waived. Per Home Affairs, six jurisdictions currently allow relationship registration: the ACT, NSW, Queensland, Tasmania, South Australia and Victoria — Western Australia and the Northern Territory do not. This is why many couples register — read how in the de facto registration guide.

3. Under 12 months, not registered — compelling circumstances. In some compelling and compassionate cases — for example, a dependent child of the relationship, or where the law of your country of residence in the year before applying prohibits de facto relationships — the 12-month requirement may be waived. Home Affairs gives no fixed definition of “compelling and compassionate” because it is assessed case by case. This is a narrow exception, not a default route.

(There is also a separate limb for applicants whose partner holds — or is applying for — a permanent humanitarian visa and declared the relationship before that visa was granted; rare for the Vietnamese community, noted here for completeness.)

Does marriage need 12 months?

No. The 12-month requirement applies only to the de facto stream. If you are legally married (recognised by Australia), there is no 12-month milestone — but a fast marriage will still be scrutinised for genuineness. Deciding between marrying and staying de facto? Read marrying in Australia vs Vietnam.

Common mistakes

• Confusing “12 months since meeting” with “12 months de facto”. Two years of dating but only six months of committed shared life means the de facto milestone is six months.
• Thinking you must live together 100% of the time. Temporary separation for good reason still counts — as long as continuing commitment is shown.
• Registering but keeping thin evidence. Registration waives the 12-month rule; it does not waive the requirement to prove a genuine relationship.

Bottom line

Qualifying as de facto is not a mechanical “lived together 12 months” — it is proving a committed, continuing, exclusive relationship that meets the legal definition, with the 12-month milestone (or a valid exception). If your relationship sits in a grey area (under 12 months, long-distance, particular circumstances), book a free assessment with VisaAffairs to map the route before you lodge.

References

• Department of Home Affairs — Partner visa (onshore) 820/801 — official eligibility.
• Home Affairs — Partner visa (offshore) 309/100 — the offshore stream.
• Office of the MARA — check a registered migration agent.

This article is general information at the time of publication. Australian migration rules change periodically — check the update date and contact VisaAffairs before applying this to your own case.