For Partner Visas (Subclass 820/801 and 309/100), the answer is no — you do not need to be legally married to qualify. You may apply either as a spouse or as a de facto partner.
The Partner Visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia.
There are two main pathways:
Subclass 820 / 801 – Onshore Partner Visa
Subclass 309 / 100 – Offshore Partner Visa
Both visa streams recognise married and de facto couples.
No, marriage is not mandatory. You can qualify under either of the following relationship types:
If you are legally married:
The marriage must be valid under Australian law
It must be recognised in Australia
The relationship must be genuine and continuing
A marriage certificate alone does not guarantee approval. The Department still assesses the genuineness of the relationship.
You do not need to be married to be in a de facto relationship.
A de facto relationship is defined as a relationship between two people (same-sex or opposite-sex) who:
Are not married
Are in a genuine and continuing relationship
Are in the relationship to the exclusion of all others
Are living together or not living separately on a permanent basis
Are not related by family
In most cases, yes.
To apply as a de facto partner, you must show:
You have been in a de facto relationship for at least 12 months, OR
Your relationship is formally registered in an Australian state or territory (such as VIC, NSW, QLD, ACT, or TAS)
If your relationship is registered, the 12-month requirement may be waived.
Note: Couples living in WA or NT cannot obtain a state-issued relationship registration certificate.
Not necessarily.
Whether married or de facto, you must still provide evidence across four key relationship factors:
Financial aspects
Nature of the household
Social aspects
Nature of commitment
Marriage does not automatically make approval easier. Strong, consistent evidence matters more than marital status.
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Unit 7, 242-244 Caroline Springs Blvd
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Unit 7, 242-244 Caroline Springs Blvd
Caroline Springs VIC 3023
Unit 7, 242-244 Caroline Springs Blvd
Caroline Springs VIC 3023
