Australian De Facto Partner Visa (Subclass 820/801 & 309/100): Evidence Guide 2026

What Is a De Facto Relationship in Australian Immigration Law?

Under Australian immigration law, a de facto relationship is a relationship between two people (of any gender) who live together on a genuine domestic basis and are not married to each other. The key criteria: you are not related by family; you have been in the relationship for at least 12 months immediately before applying (or you are registered as a de facto couple under state/territory law, which waives the 12-month requirement in most cases); you live together, or do not live together only because of temporary exceptional circumstances (such as one partner being posted overseas for work). 'Genuine domestic basis' is assessed holistically — the Department looks at four categories of evidence: financial, social, household, and commitment. A weak application in any category can result in a refusal, requests for further information, and significantly longer processing times.

Financial Evidence: Shared Finances

Financial evidence demonstrates that you and your partner are financially interdependent — that your finances are genuinely shared rather than two separate economic units living in the same house. Strong financial evidence includes: Joint bank account (the most valuable financial evidence): statements showing a joint account in both names, regular transactions from both parties, joint bill payments from the account. Joint mortgage or joint lease: both names on the mortgage or rental agreement, with regular rent or mortgage payments. Joint loans (car loans, personal loans, credit cards): statements showing both names and shared liability. Joint insurance policies: car insurance, travel insurance, home and contents insurance in both names. Joint financial investments (shares, managed funds, superannuation nominations). The most common financial evidence gap is couples who keep separate bank accounts. If that is your situation, you need to compensate with very strong evidence in the other categories and explain why finances are kept separate.

Social Evidence: Community Recognition

Social evidence demonstrates that your friends, family, and community recognise you as a couple. This is one of the most compelling categories when done well. Strong social evidence includes: Statutory declarations from friends and family: written statements from people who know you as a couple, describing how long they have known you together, the context (housemates, mutual friends, family), and specific examples of interactions they have observed as a couple. Joint invitations and correspondence: wedding invitations, event invitations, Christmas cards, official correspondence addressed to both of you at the same address. Photos as a couple: photos of you together in social settings, at family events, on holidays, with friends — dated and ideally geotagged. Social media: evidence of your relationship on social media (tagged photos, public acknowledgments of the relationship). Joint memberships: community organisations, gym memberships, sporting clubs in both names. Statutory declarations from witnesses are the strongest social evidence — a genuine, detailed declaration from a parent, sibling, or close friend carries more weight than a generic template statement.

Household Evidence: Living Together

Household evidence shows that you genuinely share a household — not just an address. Strong household evidence includes: Joint lease or mortgage (as above — this also counts as financial evidence). Utility bills at the shared address in both names or both alternating names (electricity, gas, internet, water). Joint or alternating correspondence at the same address: bank statements, government letters, professional correspondence, council rates notices. Census or electoral roll registrations at the same address. Evidence of shared household responsibilities: supermarket receipts, photos of the shared home interior, shared household items. Evidence of shared daily life: transport cards, medical records, dental records at the same address. Couples who do not live together (long-distance relationships, cross-border couples) face a much higher evidentiary burden — they must demonstrate that the separation is temporary and exceptional and that there is a genuine mutual commitment to eventually live together.

Commitment Evidence: Long-Term Intentions

Commitment evidence demonstrates that your relationship has genuine long-term intentions — that this is not a temporary arrangement or a visa of convenience. Strong commitment evidence includes: De facto registration: registration of your de facto relationship under a state or territory law. Currently available in all states and territories. Registration is one of the strongest commitment indicators and waives the 12-month relationship requirement. Joint property purchase: contract of sale, mortgage documents, title documents in both names. Travel together: passport stamps or travel records showing joint overseas trips, boarding passes in both names, travel itineraries. Communication records: WhatsApp, email, text message history (particularly if you have been long-distance at any point). Future plans: evidence of joint plans — deposits on future property, joint booking of future events, joint insurance for shared assets. Evidence of meeting extended family: photos, letters, or statutory declarations from each partner's family confirming they are aware of and accept the relationship. The Department is specifically alert to applications that rely heavily on recent cohabitation with thin evidence of a prior relationship — address the full history of the relationship, not just the current living arrangement.

What is de facto registration and do I need it?

De facto registration is a formal registration of your relationship under state or territory law. Registered relationships are treated as equivalent to marriage for immigration purposes and waive the 12-month minimum relationship requirement for the partner visa. It is not mandatory — you can apply for the partner visa as an unregistered de facto couple — but registration is powerful evidence of commitment and simplifies the application. Registration is free or low cost and available in all Australian states and territories.

Do we need to be living together to apply?

Generally yes — the primary definition requires you to live together or have lived together. However, temporary separations due to employment, study, or exceptional circumstances (such as a partner being overseas for work) do not disqualify you, provided you demonstrate the separation is genuinely temporary and you intend to live together.

Can we apply if we have only been together for 8 months?

Not as an unregistered de facto couple. You must have been in the relationship for at least 12 months before applying. However, if you register your de facto relationship, the 12-month requirement is waived. Alternatively, if there are compelling circumstances (such as a current visa about to expire), a migration agent can advise on the options.

How many witness declarations do we need?

There is no fixed minimum. Two to four genuinely detailed declarations from different people who know you in different contexts (family, workplace, social friends) is typically sufficient. One excellent, detailed declaration is worth more than five generic ones.