Partner visa (Subclasses 309, 820)

De facto partner visa Australia

Subclasses 309, 820Without a marriage certificate, your evidence carries the full weight of your case. From A$1,400, an immigration lawyer reviews everything across all four pillars before your application is lodged.
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De facto partner visa Australia - Australian visa application
Free eligibility check, then a free lawyer consult. Commit only when you know your case.
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What is a de facto partner visa?

The de facto partner visa allows unmarried couples in a genuine ongoing relationship to live together in Australia permanently. De facto applicants normally need to have lived together for at least 12 months immediately before applying, unless you have registered the relationship with a state or territory authority, have a child together, or have compelling circumstances. Because there is no marriage certificate, the Department assesses your relationship across four evidence pillars: financial, household, social, and the nature of your commitment.
A de facto relationship can be applied for onshore (subclass 820, if you are in Australia) or offshore (subclass 309, if you are outside Australia). Either way, the evidence is what carries the case. For a detailed look at how the de facto and spouse pathways compare, read de facto vs married partner visa.
A couple at home together

Applicant requirements

Genuine de facto relationshipYou and your partner are in a genuine, ongoing de facto relationship (not married)
Living togetherYou have lived together for at least 12 months, or you have registered the relationship, have a child together, or have compelling circumstances
Health and characterMeet standard health and character requirements
Not sure if you qualify? Start the application and your eligibility is checked as you go.

Sponsor requirements

Australian statusThe sponsor must be an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen.
18 or olderThe sponsor must be at least 18 years old.
Sponsorship limits applyThere are rules on how many times and how often a person can sponsor a partner, and our eligibility check confirms this up front.
Character and police checksThe sponsor must disclose any serious criminal history, and police checks may be required. An immigration lawyer reviews their situation.

The four pillars of de facto evidence

Without a marriage certificate, these four pillars carry the entire weight of your case. The Department is experienced at reading applications and will notice if the picture feels thin, selective, or inconsistent across pillars. How you present and contextualise the evidence matters as much as which documents you include.
Financial
Joint bank accounts, shared expenses, combined financial commitments, or evidence that you support each other financially. Consistency and history matter more than large individual amounts.
Household
Evidence you share a home: a joint lease or mortgage, shared utility bills, or statutory declarations from people who know where you live. Time living apart (for work or study) does not automatically weaken this pillar.
Social
Photos together over time, travel history, recognition of the relationship by family and friends, and joint attendance at significant events. A consistent social record across the length of the relationship carries weight.
Nature of the commitment
How long you have been together, your knowledge of each other's lives, your future plans, and whether the relationship is exclusive and genuine. This is where your relationship statements do the most work.

Why choose Tern?

The heavy lifting, done for you

Tern builds your photo album, drafts your relationship statements, fills Form 80, and helps you gather Form 888 witness declarations. What typically takes over 100 hours to assemble takes closer to 10. As you upload evidence, each document is checked in real time against what the Department expects.

Know your evidence is strong before you lodge

An immigration lawyer thoroughly reviews every application before it is lodged. If your evidence falls short, you find out before lodgement, while there is still time to fix it. Consultations are included on Guided and Complete plans so you can ask questions at any point, and Tern's hands-on customer support team supports you throughout.

No visa, no fee

The government fee of A$11,710 is non-refundable once lodged, so your application is checked before we send it in. If the Department refuses your visa, Tern's service fee is refunded in full. Full terms apply.

How it works with Tern

The simplicity of an app. The expertise of an immigration lawyer. Real advice, real-time evidence checks, and lawyer review at every stage that matters.
1
Free eligibility check
A quick, free check tells you whether you can apply and flags any issues early on. No account needed, no obligation.
2
Free lawyer consultation
Have a consult with an immigration lawyer at no cost to discuss your specific situation and ask any questions you have.
3
Personalised evidence upload
Upload your documents in a guided flow, on your own schedule. Everything is saved to your account, so you can always see what's still outstanding without back-and-forth emails to check. Each document is assessed against what the Department expects in real time, so gaps are caught as you go, not after lodgement.
4
Lawyer review, then lodgement
An immigration lawyer reviews your complete application before lodgement and advises on anything that needs to change, with re-reviews included at no extra charge as needed. Tern then lodges directly with the Department of Home Affairs on your behalf.
5
Support after you lodge
Tern stays with you after lodgement. On the Complete plan, your case is actively managed through to a decision, including any requests for further information from the Department.

Get your visa

Your application goes to the Department fully prepared, giving your relationship every chance to be recognised.

Complex situation? Talk to an immigration lawyer first.

A newer relationship, time spent living apart, children from a previous relationship, or a past visa refusal does not automatically close the door, but it does change how the case should be prepared and presented. Start with the free eligibility check on this page and a free consultation with an immigration lawyer follows before you commit to anything, so you go in knowing exactly where you stand.

Meet your legal team

Your application follows a process designed and maintained by immigration lawyers for accuracy and compliance.
Antonious Nehme
Antonious Nehme
Immigration Lawyer
License #5513641
Australian company with Australian immigration lawyers

Pick your level of support

Every plan includes the online application platform, hands-on support from Tern's customer support team, and a thorough lawyer review before lodgement. Choose how much guidance you want along the way.

Direct

Lawyer review at your pace.

A$1,400

AUD
Lawyer-authored advice tailored to your situation, every step of the way
Photo album, relationship statements, and Form 80 prepared for you
Real-time feedback on your evidence as you upload it
Lawyer-reviewed, re-reviewed as needed, then Tern lodges with the Department
Most popular

Guided

Lawyer on call whenever questions come up.

A$1,900

AUD
Everything in Direct
4x30-minute consultations with an immigration lawyer
Use them anytime, by video or call, as questions arise

Complete

We handle everything, from application to decision.

A$2,400

AUD
Everything in Guided
Tern manages your case until a decision is issued
Requests for further information handled for you
Changes of circumstance managed throughout
Total realistic spend is Tern's service fee from A$1,400, the A$11,710 government fee, plus medical exams and police certificates paid directly to the providers (cost varies by country).

Common questions

The Department assesses de facto relationships across four evidence pillars: financial (joint accounts, shared expenses, property), social (photos, travel together, recognition by family and friends), household (cohabitation, shared lease or mortgage, utility bills), and nature of commitment (future plans, knowledge of each other's lives, length of the relationship). No single document proves a relationship. What matters is a coherent picture across all four pillars. An immigration lawyer reviews your complete evidence package before lodgement to identify any gaps while there is still time to address them.
No. Registration is not the only path to applying. If you have lived together for 12 months or more, you can apply without registering. Where registration does matter is when you have not yet reached that 12-month mark: registering with a state or territory authority waives the 12-month requirement, as do having a child together or having compelling or compassionate circumstances. Whatever your situation, what the Department is ultimately assessing is whether your relationship is genuine and ongoing. Your immigration lawyer can advise on the strongest evidence approach for your specific circumstances during the application.
De facto applicants normally need to have lived together for at least 12 months before applying. But you can apply sooner if you register your relationship with a state or territory authority, have a child together, or have compelling or compassionate circumstances. Even with a waiver, shorter relationships face closer scrutiny, because the Department needs to be satisfied the relationship is genuine and established. An immigration lawyer will assess honestly whether your case meets the requirements and is ready to lodge, and what you can do to strengthen it before you commit.
Yes, on every plan. An immigration lawyer reviews your complete application before it is lodged with the Department, including your relationship statements, supporting evidence across all four pillars, your Form 80, and any witness declarations. The goal is to strengthen your application and catch anything that could read as a red flag to the case officer. Your lawyer advises on any additional evidence needed and any changes worth making before lodgement.
Tern lodges your application directly with the Department of Home Affairs on every plan.
On Direct and Guided plans, your application is transferred to your own ImmiAccount once lodged. You handle any requests for further information and changes of circumstance yourself. On the Complete plan, Tern continues to manage your case until a decision is issued, including RFIs and changes of circumstance.
Guided and Complete both include four 30-minute consultations with an immigration lawyer, available at any point during your application. On Direct, consultations can be purchased separately if you need one.
Tern's service fee is refunded in full if your visa is refused. The government fee of A$11,710 is set by the Department and is non-refundable by them, so it is not covered by the guarantee. This is why lawyer review before lodgement matters.
No. All three plans cover Stage 1 only (subclass 820 or 309). Stage 2 (subclass 801 or 100) is handled separately when the time comes.

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