Publications 8

Article 12: Married vs De Facto – Proving Your Relationship for an Australian Partner Visa

When applying for a partner visa, couples may qualify either as spouses (married) or de facto partners. While the visa outcome is the same, the type of relationship affects the evidence you need to provide. This article explores the differences in requirements for married vs de facto partner visa applicants, and provides guidance on how to demonstrate a genuine relationship under each category. Whether you’ve already said “I do” or are in a committed long-term partnership without a marriage certificate, immigration law expects solid proof of your relationship’s authenticity.

Understanding the Legal Distinction

Spouse: You are legally married to your partner. The marriage must be valid under Australian law (generally meaning it’s monogamous and both parties are over 18, among other basic criteria). Australian citizens/permanent residents can sponsor their foreign spouse through a partner visa as long as the marriage is genuine and continuing. The marriage could have taken place in Australia or overseas (Australia recognises most overseas marriages, barring things like polygamous unions).
De facto Partner: You are not legally married, but you live together (or at least do not live separately on a permanent basis) and have a relationship like a married couple. Australian immigration rules typically require de facto partners to have been in the relationship for at least 12 months immediately before applying. This generally means 12 months of living together, or if not possible, that you’ve registered your relationship in an Australian state/territory to bypass the 12-month cohabitation rule (most states in Australia have a relationship register for unmarried couples, including same-sex couples, which gives legal recognition akin to marriage for immigration purposes).

There are exceptions to the 12-month rule (for example, if you have a child together or if there were compelling circumstances not to cohabit for a year), but those are less common.

Important: Australia treats same-sex relationships equally for immigration. Same-sex couples can be married or de facto. Since 2017, same-sex marriage is legal in Australia, but even before that, de facto status was acceptable. So everything in this article applies to both opposite-sex and same-sex couples.

The Core Requirement: Genuine and Continuing Relationship

Regardless of married or de facto status, the core criteria for the visa are that you are in a genuine, continuing relationship to the exclusion of all others, and you have a mutual commitment to a shared life together. The Department of Home Affairs examines four broad aspects of the relationship (What are the Family Violence provisions for Australian visa holders? (Updated on: 31 January 2025) - Hannan Tew Immigration Lawyers):

Financial Aspects: How you handle finances as a couple – do you share bank accounts or financial responsibilities?
Household Aspects: How you live together – do you share a home, divide chores, have a routine as a household?
Social Aspects: How you present yourselves socially – do friends and family acknowledge you as a couple? Do you attend events together, have photos on social media, etc.?
Nature of Commitment: The degree of commitment to each other – are you planning a future, for example through marriage, kids, joint long-term plans? Do you see each other as life partners?

A married couple is not automatically assumed to meet these – they must provide evidence like any other couple. Conversely, a de facto couple that demonstrates strong evidence in all these areas will be treated on par with a married couple.

Evidence for Married Couples

Being married gives you one strong piece of evidence: a marriage certificate. However, on its own, a marriage certificate is not enough. Immigration authorities know marriages can be sham; they will look for additional proof that the marriage is genuine and not just on paper.

Key evidence for spouses includes:

Marriage Certificate: Official certificate from the registry (or foreign equivalent). If it’s not in English, provide a translation.
Wedding Evidence: Photos from the wedding, receipts from the ceremony or rings, invitation cards, congratulatory messages from friends/family. A wedding is a social event that can yield great evidence of social recognition of your union.
Joint Finances: For example, a joint bank account used by the couple, joint loans or big purchases (a car, furniture bought together), sharing expenses. If one person is the primary earner, showing that they support the other (transfers, paying bills) is important.
Cohabitation: Evidence of living together after marriage – joint leases or property ownership, utility bills at the same address, letters addressed to each of you at the same residence.
Interaction and Communication: Although marriage implies you’re together, it’s still helpful to include some proof of day-to-day life and communication, especially if you had periods apart. For instance, if after marriage, one spouse had to remain overseas for a while, include call logs, chat histories, or flight tickets for visits.
Personal Statements: Each of you should write a statement (or Form 888 from friends) describing your relationship – how you met, how the relationship developed, and your life since marrying. Mention future plans as well (buying a house, starting a family, etc., if applicable).

Married couples sometimes mistakenly provide minimal evidence (“We’re married, so that’s that”). Don’t fall into this trap. You want to show that this is a real marriage, not one of convenience. Immigration case officers look for evidence that your lives are intertwined beyond a certificate.

Evidence for De Facto Couples

For de facto partners, because there’s no single document like a marriage certificate, you must rely on a body of evidence to prove the relationship. Essentially, you need to show you’ve been living as spouses would, just without the formal wedding. Key evidence includes:

Joint Residence Proof: This is paramount. Provide your rental lease or property title in both names. If one name, show evidence the other lives there (e.g., mail, bills). Include utility bills, insurance letters, or even official government correspondence (ATO, driver’s license address, etc.) that show you both at the same address over time. A 12-month timeline of cohabitation evidence is ideal – for example, a bank statement for each quarter of the year showing the same address.
Financial Integration: Joint bank accounts are strong evidence. If you have one, provide statements and highlight transactions showing both contributions (salary deposits, both using the account for expenses). If you haven’t combined finances, show how you split costs – e.g., one pays rent, the other groceries; include both names on a few bills or a shared savings goal. The more financial enmeshment, the better – it signals trust and a long-term view (like saving for a holiday or car together).
Relationship Registration: If you’ve registered your de facto relationship in an Australian state (e.g. New South Wales Relationships Register, Victoria Registry of Births, Deaths and Marriages for relationships, etc.), provide that certificate. Registration is a formal recognition and in immigration, it waives the 12-month requirement. Even with registration, still provide evidence of cohabitation and the other aspects; registration is great but not the only proof of genuineness.
Social Proof: Tons of photos of you as a couple with friends, at outings, traveling together, attending family gatherings. Social media posts that show you as a couple (screenshots if relevant). Statements from friends and family (Form 888 statutory declarations) are very valuable – they essentially serve as character witnesses to your de facto relationship. These should ideally mention how long the person has known you both, and that they consider your relationship to be like a married couple.
Correspondence Over Time: If you have lived apart at any point in the relationship (due to work, etc.), include evidence of how you maintained the relationship – chat logs, video call screenshots, emails, etc. If you haven’t lived apart, you can still include little things like text message screenshots on anniversaries or while one of you was away on a short trip, just to show the nature of your interactions.
Plans Together: Show plans that indicate a shared life. It could be a joint vacation bookings, attending a future event together (emails about a concert you bought tickets to months in advance), or even sensitive stuff like being each other’s emergency contacts, wills or insurance beneficiaries if you have that.

De facto couples often have to explain their story more: when did you start dating, when did you move in together, how did you decide to take that step, etc. The Department will especially scrutinize the start of cohabitation to ensure it meets the 12-month rule. If you are slightly under 12 months but think you have compelling reasons (e.g., border closures kept you apart for some months), you might need to explicitly make your case for an exception.

Common Issues and How to Address Them

Short Relationship Duration: If you got married quickly after meeting (say within months) or started living together recently, expect the case officer to be a bit more cautious. You should compensate with quality evidence – perhaps more statements from people who can vouch that despite the short relationship, it’s genuine. If married, show the progression (engagement, then marriage) to frame it as a serious commitment, not a rushed decision solely for a visa.
Previous Marriages: If either of you was previously married, provide evidence that those marriages are legally ended (divorce certificate). Also be prepared to show that your current relationship did not overlap improperly with the previous (to counter any notion of bigamy or that maybe the previous marriage is still ongoing in reality). It might also be wise to acknowledge the previous relationship in your personal statement (“X was married before, but that relationship ended in 2018. We met in 2020...” etc.).
Long Distance within De Facto Period: Some couples maintain de facto status but have periods of long distance (due to work or family obligations). That’s okay if explained – you’ll need to show that even during distance, you were still committed (e.g., frequent visits, constant communication, reunions). If the periods apart are long, it might weaken the de facto claim unless mitigated by things like a registered relationship or a clear reason (like military deployment).
No Joint Lease: If you live with family or friends and thus don’t have a lease in your names, you can use statutory declarations from the homeowner confirming you both live there and since when, plus mail to that address for both of you. Similarly, if you have separate leases due to work (e.g., weekdays in one city, weekends together), explain the arrangement and show evidence of travel between the two places to be with each other regularly.
Cultural Considerations: In some cultures, couples may have an arranged marriage or may not have lived together before marriage due to cultural/religious reasons. The Department is aware of this and doesn’t penalize it, but you need to evidence the strength of relationship through other means. For arranged marriages, provide evidence of family involvement and any courtship that did happen (emails, calls before marriage). For those not cohabiting due to cultural reasons, if you’re applying as married, that’s fine (cohabitation is not required after marriage if culturally you live with extended family – but show you do spend significant time together and have a real marriage). For de facto, if cultural reasons prevented living together, it’s tricky – you’d likely need a relationship registration or to marry, because compelling reasons can be argued but might not be guaranteed.

The Role of Form 888 Declarations

These forms, completed by Australian citizens or PR who know you as a couple, are gold. They allow the person to tell the story of your relationship from an outsider’s perspective, which can carry a lot of weight. A parent might talk about how you’ve been part of the family gatherings for the last two years, or a friend might describe how your relationship has grown. Aim for at least two Form 888s (the Department usually asks for two minimum). Ensure the declarants attach proof of their citizenship/PR (copy of passport, etc.). These forms are equally useful whether you’re married or de facto.

Marriage Certificate vs. 12 Months Cohabitation – Does One Trump the Other?

A frequently asked question is: is it better to be married or de facto for the visa? In the eyes of the law, neither is inherently better. The key is whatever your status, you demonstrate it’s a genuine partnership. Being married tends to simplify things only slightly – it waives the 12-month requirement automatically, and it’s a clear legal commitment. However, plenty of de facto couples get partner visas without issue by providing robust evidence. If you are not yet at 12 months cohabitation and not married, consider registering the relationship if possible to avoid a potential refusal for not meeting that criterion.

One advantage for married couples: if, heaven forbid, your relationship deteriorates, a married applicant might have access to the family violence provisions in the visa rules if domestic violence occurs (as they’d hold a partner visa by then). De facto partners have the same access actually, but proving the existence of a de facto relationship at the time of violence might be slightly more complicated than proving a marriage existed. But this is a niche scenario (discussed more in Article 18 about relationship changes and protections).

Professional Insights

Migration agents and lawyers often see de facto applicants underestimating the evidence needed. AHWC Immigration Law and Immigration Solutions Lawyers, two leading firms in partner visas, frequently emphasize to clients that they should treat a de facto application with the same gravity as if they were proving a marriage. On the flip side, agents also advise married couples not to be complacent. A classic example we’ve observed: a couple marries shortly before applying, thinking marriage alone will carry them through, but they provide scant evidence of their prior relationship. This can lead to extensive questioning by the Department or even refusal if they suspect it was a marriage of convenience. As VisaEnvoy notes in their partner visa guides, being thorough and honest in documentation is key across the board.

Summing Up

Whether married or de facto, the recipe for success in a partner visa application is comprehensive evidence and a compelling narrative of your life together. If you’re de facto, focus on demonstrating cohabitation and shared life for at least a year (or register your relationship). If you’re married, document the genuineness of the marriage with more than just a certificate – show the intertwining of your lives. Always remember that the case officer does not know you; you have to paint the picture for them. Take advantage of every piece of evidence available, and if in doubt, seek advice. Many top migration agencies (like Fragomen or Skylark Migration) have checklists and questionnaires that can help you identify evidence you might otherwise overlook.

In the next article, we will pivot slightly to discuss relationship evidence in even more detail – essentially providing a “how-to” on gathering and presenting the mountain of evidence required for partner visas. We’ll include tips on organizing documents and avoiding common evidence pitfalls. If you think you already covered evidence here, it never hurts to dig deeper, so stay tuned for Article 13 on building a strong evidence portfolio for your visa.