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De Facto Partner Visa 12-Month Rule Australia 2026: When the Rule Applies
A common Partner visa issue is whether a de facto couple has been in the relationship long enough before lodgement. Home Affairs guidance for the subclass 820 pathway states that de facto applicants should provide evidence that they have been in the de facto relationship for at least 12 months before applying, unless an alternative basis applies.
Twelve months means more than knowing each other for a year
The relevant question is the duration of the de facto relationship, not simply when the couple met or began dating. Evidence should show when the relationship acquired the characteristics of a de facto partnership.
Registered relationships
Home Affairs states that a registered relationship under an Australian State or Territory relationship-registration scheme can affect the ordinary 12-month requirement. Registration does not remove the need to prove that the relationship itself is genuine and continuing.
Compelling and compassionate circumstances
Home Affairs also states that an applicant who has not been in the de facto relationship for 12 months can provide written information about compelling and compassionate circumstances. Whether this assists depends on the legal criteria and the particular evidence.
Evidence still determines the case
Our Partner Visa Relationship Evidence guide explains the financial, household, social and commitment evidence commonly assessed by Home Affairs.
See also the 820/801 Partner visa guide and the
Official source
This article provides general information only. The 12-month issue depends on the exact visa pathway, legal definition of de facto partner, registration status and facts existing at the relevant time.
