1127 - Partner Migration - Booklet 1 - Department of Immigration ...

Part X 4 – General Chapter information heading
12-month relationship requirement for de facto partners
About the 12-month relationship requirement for de facto partners
18 Partner Migration
To be eligible for a Partner visa on the basis of a de facto relationship at the time you apply, you and your
partner must be aged 18 years or over and:
• have been in the relationship for at least the entire 12 months before the date you lodged your
Partner visa application; or
• meet one of the provisions set out below.
Note: Periods of ‘dating’ do not count towards the 12-month relationship requirement.
For detailed information on eligibility requirements for a Partner visa on the ground of being in a de facto
relationship, see page 35.
Waiver of the 12-month relationship requirement
The 12-month relationship requirement at time of application lodgement does not apply if:
• you can establish that there are compelling and compassionate circumstances for the grant of the
visa, such as you have children with your partner or cohabitation was not permissible under the law
of the country where you resided for the 12 months before you applied;
• your partner is, or was, the holder of a permanent humanitarian visa, and before that permanent
humanitarian visa was granted, you were in a relationship with your partner that satisfi es the
requirements of a de facto relationship according to the Migration Regulations, and the department
was informed of this before the permanent humanitarian visa was granted; or
• at the time of application for the visa the de facto relationship was registered under a law of a state
or territory prescribed in the Acts Interpretation (Registered Relationship) Regulations 2008 as a
kind of relationship prescribed in those regulations. Relationship registration is not available in all
Australian states or territories and eligibility for registration also differs depending on the state or
territory. Prospective applicants considering registration of their relationship should check with the
relevant state or territory Births, Deaths and Marriages agency for further information.
If you feel that there are compelling and compassionate circumstances that may mean the 12-month
requirement does not apply, you should provide a statement with your application that outlines and
explains the reasons for your request.
For further information on the 12-month relationship requirement, see Fact sheet 35 One-Year
Relationship Requirement, which is available from the department’s website
www.immi.gov.au/media/fact-sheets/, from your nearest offi ce of the department or Australian mission.