Being married or de facto makes almost no difference to your Australian partner visa. The one real difference is timing. De facto couples have to prove 12 months of living together before they apply. Married couples can apply straight away.
Same visa, same cost, same processing: Married and de facto couples apply for identical visa subclasses (820/801 or 309/100) with identical fees (AUD $9,365) and similar processing times
The key difference is timing: Married couples can apply immediately; de facto couples must prove 12 months of living together first
Registered relationships bypass the 12-month rule: Registering with an Australian state or territory waives the cohabitation requirement without requiring marriage
Same evidence burden either way: Both married and de facto couples must prove the relationship is genuine across the four pillars
Same-sex couples have full equality: Since December 2017, same-sex marriages and relationships are treated identically to opposite-sex couples
If you're planning to apply for an Australian partner visa and you're not yet married, you've probably asked yourself: should we get married first? Will it make the visa process easier? Faster? Less likely to be refused?
The short answer: no, not really. But the details matter, and understanding them could save you months of waiting or prevent an application that fails before it's even assessed.
Here's what actually differs between married and de facto applications, what the Department genuinely cares about, and how to choose the right pathway for your situation.
Does the Department treat married and de facto couples differently?
No, the Department of Home Affairs treats married and de facto couples equally once an application is lodged. Both apply for the same visa subclasses: the onshore pathway (820/801) or the offshore pathway (309/100). Both pay the same fee (AUD $9,365). Both face the same processing times. Both must prove the relationship is genuine and continuing using the same evidence framework.
A marriage certificate doesn't give you any advantage in how your application is assessed or prioritised. A de facto couple with strong evidence will always be viewed more favourably than a married couple with weak documentation. The Department cares about whether your relationship is real, not whether you've had a wedding.
A marriage certificate proves a legal act occurred. It doesn't prove the relationship is genuine. You must still provide evidence across all four pillars, just like a de facto couple.
Where marriage does matter is in one specific area: eligibility timing. And that's where the 12-month rule comes in.
What is the 12-month de facto rule?
De facto couples must show at least 12 months of living together, without a break, in the time right before they apply. This is a hard rule. If you don't meet it, your application will be refused, no matter how genuine your relationship is.
The 12-month clock starts when you began living together as a committed couple, not when you first met or started dating. You'll need evidence covering that whole period: joint lease agreements, shared bills, bank statements that show shared expenses, and statutory declarations from people who've seen you living together.
If you apply at 11 months and 29 days, you're ineligible. The Department won't wait for you to hit the 12-month mark. They'll assess your eligibility at the date of application, and if you fall short, that's a refusal on your record.
Married couples have no such requirement. Technically, you could marry someone and lodge a partner visa application the same week. There's no minimum relationship duration for spouses.
But here's the catch that many couples miss: a recent marriage with limited shared history raises red flags. If you've been together for two months, got married, and immediately applied for a partner visa, the Department will scrutinise your application intensively. You'll still need to prove the relationship is genuine, and case officers are trained to spot relationships of convenience.
Tern Tip
If you're considering getting married specifically to avoid the 12-month de facto requirement, think carefully. A very short relationship before marriage, combined with a partner visa application, is exactly the pattern the Department looks for when assessing potentially non-genuine relationships. You may clear the eligibility hurdle but face tougher scrutiny on the genuineness assessment.
Can you bypass the 12-month rule without getting married?
Yes. There are three circumstances where the 12-month cohabitation requirement can be waived for de facto couples.
Can a registered relationship waive the 12-month rule?
Yes, and it's the most reliable option. If you register your relationship with an Australian state or territory, the 12-month rule no longer applies. You can apply for your partner visa as soon as you register, even if you've been living together for a much shorter time.
Most Australian states and territories offer relationship registration:
New South Wales: Relationship Register through NSW Registry of Births, Deaths & Marriages
Victoria: Domestic Relationship Register through the Victorian Registry
Queensland: Civil Partnership Register
South Australia: Relationships Register
Tasmania: Registered Relationships under the Relationships Act 2003
Australian Capital Territory: Civil Union and Civil Partnership registration
Northern Territory: No registration scheme, but you can register interstate if eligible
Western Australia: No registration scheme. WA couples should register interstate where eligible (state residency rules apply) or prove 12 months of cohabitation.
Registration typically costs $100-200 and takes about 28 days to process after a cooling-off period. Once you receive your relationship certificate, it serves as primary evidence of your de facto status.
Here's something important: you can register your relationship after you apply for your partner visa and still have the 12-month rule waived. This is different from marriage, where marrying after you apply doesn't help. If you're already in the process and short of 12 months, registering your relationship could save your application.
Does having a child waive the 12-month requirement?
Yes. If you have a dependent child together (biological or adopted), the 12-month cohabitation requirement can be waived. The child must be a child of both partners, not from a previous relationship.
What qualifies as compelling and compassionate circumstances?
These are rare cases where something outside your control stopped you living together. In these cases, the Department may waive the 12-month rule. Think war, natural disaster, or serious illness: things that kept you apart through no fault of your own.
But this waiver is rare, and the Department decides it case by case. A normal long-distance relationship, work commitments, or visa rules in another country usually don't count. Don't rely on this exemption unless your situation is genuinely exceptional.
What evidence do married vs de facto couples need?
Both married and de facto couples must prove their relationship is genuine and continuing across the same four pillars. A marriage certificate is not a substitute for this evidence.
What are the four pillars of evidence?
The Department assesses all partner visa relationships against four pillars: financial aspects, nature of the household, social aspects, and nature of commitment. For a full breakdown of what evidence is expected under each pillar, see our complete partner visa guide.
What evidence differs between married and de facto applications?
Only the documents that prove your relationship status differ. The rest is the same. For married couples: You must provide your marriage certificate. If you married overseas, you'll need to show the marriage is legally valid under Australian law. A religious marriage certificate on its own may not be enough. The marriage must be registered with the relevant government authority.
For de facto couples: Instead of a marriage certificate, you provide evidence that you've been living together. This means the documents that prove 12 months of living together (or your registered relationship certificate if you're using that exemption). Joint leases, shared bills, and proof of your shared address matter most here.
For registered relationships: You provide your relationship certificate from the relevant state or territory registry. This serves as your primary evidence of the relationship's existence, similar to how a marriage certificate does for married couples.
Beyond these documents, the evidence you need is the same. Both married and de facto couples need full documentation across all four pillars.
How are same-sex couples treated?
Same-sex couples have full equality under Australian migration law. Since December 2017, when Australia legalised marriage equality, same-sex marriages are treated identically to opposite-sex marriages for all visa purposes.
Same-sex couples can apply as:
Married spouses if legally married in Australia or in a country whose marriages Australia recognises
De facto partners meeting the standard 12-month cohabitation requirement
Registered relationship partners using state and territory registration schemes
The same evidence requirements, processing times, and assessment criteria apply regardless of the genders of the partners. There is no separate process, no additional scrutiny, and no different standards.
Same-sex marriages conducted overseas are recognised in Australia provided they meet Australian legal standards for validity. Most marriages from countries with marriage equality will be accepted.
Should you get married before applying?
This is a personal decision. It depends on your situation, your timeline, and your relationship. Here's a way to think it through.
When does marriage make sense before applying?
You want to marry anyway and the partner visa timeline aligns with your plans
You've been together a short time and can't yet meet the 12-month de facto requirement, but your relationship is genuinely committed
You're from a country or culture where marriage carries significant weight and you have strong evidence of genuine commitment
When does a de facto or registered relationship make more sense?
You already meet the 12-month requirement and have strong cohabitation evidence
You don't want to marry or have personal, cultural, or practical reasons to remain unmarried
You want to register your relationship as a middle ground that waives the 12-month rule without requiring marriage
You're concerned about appearing rushed and a recent marriage might raise more questions than a well-documented de facto history
Is one pathway processed faster than the other?
No. A common misconception is that married couples get processed faster. They don't. Married and de facto applications go through the same assessment process, the same queues, and face the same processing times. The median processing time for the onshore 820 temporary visa is around 13 months regardless of relationship type.
The only "speed" advantage marriage offers is the ability to apply immediately without waiting to accumulate 12 months of living together. But that's an eligibility timing advantage, not a processing speed advantage.
Is one pathway easier to prove than the other?
No. Both married and de facto couples must provide equally strong evidence of a genuine relationship. Married couples cannot rely on their marriage certificate to do the heavy lifting. De facto couples aren't viewed with suspicion just because they're not married.
What makes an application "easy" or "hard" is the quality and comprehensiveness of your evidence, not your relationship classification.
Frequently asked questions
What's the bottom line on married vs de facto?
For Australian partner visas, being married versus de facto makes almost no practical difference to your application outcome. You apply for the same visa, pay the same fee, wait similar timeframes, and must prove your relationship is genuine using the same evidence framework.
The only meaningful difference is the 12-month cohabitation rule for de facto couples. If you haven't lived together for 12 months and need to apply soon, your options are: get married, register your relationship with an Australian state or territory, or wait until you meet the requirement.
Don't rush into marriage just to file a visa application sooner. A hasty marriage without sufficient relationship evidence can actually make your application harder to prove. Conversely, don't avoid marriage if it's something you both genuinely want, just because you think de facto is somehow viewed more favourably (it isn't).
What matters is the strength of your evidence, not the legal form of your relationship.
Start your partner visa application with Tern. We guide you through collecting evidence for both married and de facto applications, check your eligibility (including the 12-month rule), and make sure your documents are complete before we submit.
