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 show 12 months in the relationship before they apply, and living together is how nearly everyone proves it. 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 $11,710) and similar processing times
The key difference is timing: Married couples can apply immediately; de facto couples need 12 months in the relationship first
The 12 months attaches to the relationship, not the address: living together is how nearly everyone proves it and it is the strongest evidence you can have, but a couple held apart by borders or visa rules is not automatically ruled out
Registered relationships bypass the 12-month rule: Registering with an Australian state or territory waives the 12-month 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
Préférez-vous que nous nous en occupions pour vous ?
Nous évaluons vos preuves, rédigeons vos déclarations et préparons vos formulaires, selon un processus conçu par un avocat.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. Once an application is submitted, the Department of Home Affairs treats married and de facto couples the same. Both apply for the same visa subclasses: the onshore pathway (820/801) if you're in Australia, or the offshore pathway (309/100) if you're outside it. Both pay the same fee (AUD $11,710). Both face the same processing times. Both prove the relationship is genuine and continuing with the same evidence.
A marriage certificate buys you nothing in how your application is assessed or ranked in the queue. A de facto couple with strong evidence beats a married couple with thin paperwork, every time. The Department cares whether your relationship is real, not whether you had a wedding.
A marriage certificate proves a wedding happened. It doesn't prove the relationship is genuine. You still have to show evidence across all four pillars, exactly like a de facto couple.
Marriage matters in exactly one place: eligibility timing. That's where the 12-month rule comes in.
What is the 12-month de facto rule?
De facto couples must have been in the relationship for at least 12 months, without a break, ending immediately before the date of the application. The 12 months attaches to the relationship, not to the address. Living together for that whole period is how nearly everyone proves it, and it is by far the strongest evidence you can put in front of a case officer.
Couples who have not lived together are not automatically out. The definition is met either by living together or by not living separately and apart on a permanent basis. The word doing the work there is "permanent". Being held apart by borders, visa rules or work, while you plan to live together and can show it, is not permanent separation.
Be honest with yourself about what that costs you, though. With no shared address there is no joint lease, no shared bills and no mail to one place, so the household pillar goes thin and everything else in the file has to carry more weight. Home Affairs also reads "separately and apart" as real distance, meaning different cities or different countries. Two people at separate addresses in the same town who simply have not moved in together are a much weaker case than a couple an ocean apart. This is the hardest version of a de facto application, not an impossible one.
The 12-month clock starts when the relationship became a committed de facto one, 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 as a couple.
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.
Not sure which side of the line you fall on? Our free de facto relationship checker works out in about two minutes whether you meet the 12-month rule, and if you fall short, which states let you register your relationship to waive it.
Married couples have no such requirement. In theory you could marry someone and apply for a partner visa the same week. There's no minimum relationship length for spouses.
There's a catch, though. A recent marriage with little shared history raises flags. Two months together, a wedding, then a partner visa application the same month: case officers are trained to spot exactly that shape, and they'll go through your file hard. You still have to prove the relationship is genuine.
Tern Tip
If you're thinking about marrying mainly to skip the 12-month de facto requirement, weigh it up first. A very short relationship, followed by a wedding and a partner visa application, is exactly the pattern the Department looks for when it suspects a relationship isn't real. You may clear the eligibility hurdle and still draw tougher scrutiny on whether the relationship is genuine.
Can you bypass the 12-month rule without getting married?
Yes. Three situations let de facto couples waive the 12-month requirement.
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 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 in the relationship.
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.
Register the relationship before you apply. If it was not registered when you applied, there is a real risk the Department argues the requirement was not met, and that can lead to a refusal. If you have already applied and you're short of 12 months, register now rather than waiting to be asked.
Does having a child waive the 12-month requirement?
Yes. A dependent child you share (biological or adopted) waives the 12-month requirement. The child has to be a child of both of you, not one partner's child from an earlier relationship.
What qualifies as compelling and compassionate circumstances?
These are rare cases where something outside your control stopped the relationship reaching 12 months. In these cases, the Department may waive the rule. Think war, natural disaster, or serious illness.
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 towards it. That is a separate question from whether you are de facto at all. 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. Everything else is identical. 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 has to be registered with the relevant government authority.
For de facto couples: Instead of a marriage certificate, you provide the documents that prove 12 months in the relationship (or your registered relationship certificate if you're using that exemption). Joint leases, shared bills, and proof of a shared address do the most work here. If you haven't shared an address, the same 12 months still has to be proved some other way, and that is a heavier lift.
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. Not sure whether your own documentation covers all four? Our free partner visa evidence checker gives an indicative read on how your evidence stacks up across each pillar in a few minutes.
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 relationship 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 evidence of living together
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 gives you is the ability to apply right away, without waiting out the 12 months. That's a head start on eligibility. It does nothing for how long the queue takes.
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 comes down to one thing: how good your evidence is. Your relationship classification barely enters into it.
Frequently asked questions
Can we apply immediately after getting married?
What if we've been together for years but never lived together?
Is a registered relationship the same as marriage?
We got married overseas. Is that recognised?
Does a religious marriage count?
Can we switch from de facto to married during the application?
What if we're from a country where same-sex marriage isn't legal?
Will marrying in Australia help our application?
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 one meaningful difference is the 12-month rule for de facto couples, and it counts 12 months in the relationship rather than 12 months at one address. If you are short of 12 months and need to apply soon, you have three options: get married, register your relationship with an Australian state or territory, or wait until you meet the rule.
Don't rush into marriage just to apply sooner. A hasty marriage with thin relationship evidence can make your case harder to prove. And don't avoid marriage if it's something you both genuinely want, on the theory that de facto is somehow viewed more kindly. It isn't.
In the end, one thing decides it: how strong your evidence is. The legal shape of your relationship is almost beside the point.
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.
