The de facto partner visa pathway is identical to the married partner visa in most respects, with one crucial difference: you must demonstrate that you and your partner have been living together in a genuine de facto relationship for at least 12 months before applying.
This 12-month cohabitation requirement is where many de facto applications face challenges. Here's how to prove your relationship meets the standard.
The 12-month cohabitation rule
DHA requires evidence that you and your partner have been living together on a genuine and continuing domestic basis for at least 12 months immediately before lodging the application. "Living together" means sharing the same residence as a couple — not just in the same city or visiting regularly.
Exceptions to the 12-month rule
The 12-month requirement can be waived if:
- You have registered your relationship in an Australian state or territory (e.g., registered relationship in Victoria, NSW, QLD, etc.)
- You have a child together
- Compelling and compassionate circumstances exist (e.g., you couldn't live together due to government restrictions, natural disaster, or one partner's visa conditions)
Evidence across the four pillars
The same four evidence categories apply to de facto relationships as to married relationships, but the emphasis shifts — since there's no marriage certificate, the evidence of genuine cohabitation needs to be stronger.
1. Financial evidence
- Joint bank accounts with regular transactions
- Joint lease or mortgage documents
- Shared utility bills (electricity, gas, internet — both names on the account or same address)
- Shared insurance policies
- Evidence of financial support for each other
2. Nature of the household
- Statutory declarations describing your daily domestic life
- Evidence of shared household responsibilities
- Mail addressed to both parties at the same address
- Evidence of shared household purchases (furniture, appliances)
3. Social recognition
- Joint social media presence (photos, check-ins, relationship status)
- Joint invitations to events
- Photographs together over the 12-month period (dated, at shared home and social events)
- Evidence that family and friends recognise the relationship
4. Commitment
- Statutory declarations from both parties detailing the relationship
- Two Form 888 declarations from witnesses
- Evidence of future plans together (property purchases, travel bookings, family planning)
- Relationship registration (if registered in an Australian state)
Challenging circumstances
Long-distance relationships
If you've been in a long-distance relationship and haven't lived together for 12 continuous months, you may need to wait until you meet the cohabitation requirement or register your relationship in an Australian state. Travel records, communication evidence (call logs, messages), and visits can supplement your case but don't replace the cohabitation requirement.
Different addresses on documents
It's common for one partner to still have their previous address on some documents (bank accounts, licence, etc.). Explain this in your statutory declarations and provide evidence showing when you moved in together (new lease with both names, redirected mail, moving company receipt).
Cultural factors
In some cultures, couples don't cohabit before marriage, or they live with extended family. If cultural factors affect your evidence, explain this in your statutory declarations and provide alternative evidence of the genuine nature of your relationship.
Tips for a strong de facto application
- Start collecting evidence early — open joint accounts, put both names on the lease, and keep receipts from the beginning of cohabitation
- Photograph everything — regular photos at your shared home, social events, and with each other's families
- Register your relationship — if you're in a state that offers relationship registration, this significantly strengthens your application and waives the 12-month cohabitation requirement
- Get Form 888 witnesses who know you well — choose people who have seen you and your partner together regularly and can speak to specific details about your life together
- Tell your story — your statutory declarations should read as a narrative, not a checklist. How did you meet? When did you move in together? What does your daily life look like?
De facto partner visa applications require meticulous evidence preparation. A registered migration agent experienced in partner visas can identify gaps in your evidence before DHA does and help you build the strongest possible case.