Family migration · Q&A
Does an Australian De Facto Partner Visa Always Require 12 Months?
The 12 months usually concerns the de facto relationship before application. It is not merely a count of days at one address, and exceptions are not automatic.
When does the 12-month period begin?
The focus is when the couple began living together as de facto partners with a mutual commitment to a shared life, not simply the first meeting or the day they began dating. Evidence should explain the key transition points.
Does time at different addresses automatically fail the test?
Not necessarily. The relationship test considers whether the couple live together or do not live permanently apart. Temporary separation for work, study, family or visa reasons should be explained through communication, visits, financial arrangements and future plans.
When might the usual 12-month requirement not apply?
- The relationship has been validly registered with an Australian state or territory authority.
- Compelling and compassionate circumstances can be established.
- Certain relationships involving permanent humanitarian visa holders or applicants meet the specific disclosure conditions.
An exception does not remove the need to prove a genuine and continuing relationship. Registration also does not cure every visa issue; location, current visa status and application-validity requirements remain separate questions.