De Facto Partner Visas: The 12-Month Rule and Registering Your Relationship in Victoria

De facto couples can apply for the same partner visas as married couples. However, one extra rule applies to them. In most cases, the de facto relationship must have existed for at least 12 months before the application. This is the 12-month rule, and it catches many genuine couples off guard.

Fortunately, Victorian couples have a practical way around it. Registering your relationship can remove the 12-month requirement entirely. This guide explains the rule, the exception, and how to use it properly. For the full framework, see our complete guide to the partner visa.

What counts as a de facto relationship

For visa purposes, a de facto couple lives together, or does not live separately on a permanent basis. In addition, the relationship must be genuine and continuing, mutually exclusive, and not one of mere convenience. The Department assesses this through the same four pillars used for all partner visas. Those are your finances, household, social life and commitment.

Being boyfriend and girlfriend is not enough on its own. The relationship must have the character of a shared life together.

The 12-month rule explained

For most de facto applicants, the relationship must have existed for at least 12 months immediately before the application is made. Casual dating before the relationship became de facto does not count. Therefore, the clock starts when the relationship truly took on a de facto character, not at the first date.

Evidence matters enormously here. Joint leases, shared bills and travel records help fix the start date. Vague timelines invite doubt, and doubt invites refusal.

Who the rule does not apply to

The rule has exceptions. The most useful one for Victorian couples is a registered relationship. Where a couple has registered their relationship under a prescribed state or territory law, the 12-month requirement does not apply. Other limited exceptions exist, such as certain compelling and compassionate circumstances.

Registering your relationship in Victoria

Victoria registers relationships through Births, Deaths and Marriages Victoria. Registration is open to couples where at least one partner lives in Victoria, subject to the scheme’s requirements. Neither partner can be married or in another registered relationship.

The process involves an application, identity documents and a statutory declaration period. Once registered, you receive a certificate. That certificate is the document you provide with your visa application to engage the exception.

What registration does for your visa

Registration removes the 12-month duration requirement. However, it does not remove the need to prove a genuine relationship. You must still show a real shared life across the four pillars. In short, registration answers the duration question, not the genuineness question. Couples who register and then lodge thin evidence still face refusal.

Married versus de facto: does it matter?

Both pathways lead to the same visas with the same evidence standards. Marriage removes the 12-month rule automatically, because the rule applies only to de facto applicants. For couples not ready to marry, registration achieves a similar result for the duration requirement. Choose the path that fits your relationship, then build the evidence properly either way.

Practical tips for de facto applicants

First, fix your timeline early. Identify when your relationship became genuinely de facto, and gather documents around that date. Second, consider registration well before lodgement, because processing the registration takes time. Third, keep building evidence after you apply. Processing is long, and updated material helps. Our guide to realistic partner visa processing times sets out what to expect while you wait.

Evidence that fixes your start date

Because the 12-month rule turns on dates, your evidence should anchor the timeline precisely. A joint lease is the classic anchor, and its signing date speaks for itself. Bank statements showing regular shared spending do the same job month by month. In addition, travel bookings, joint insurance and mail to the same address all timestamp the relationship. Gather these documents in date order before you lodge. Then state the start date consistently in every form and statement, because a shifting date is the fastest way to lose credibility.

Common mistakes de facto couples make

The first mistake is counting from the first date rather than from the start of the de facto relationship. The Department looks for a shared life, so the earlier months rarely count. The second mistake is registering the relationship and then relaxing on evidence. Registration removes the duration rule, not the proof of genuineness. The third mistake is leaving registration too late. The certificate must exist when you apply, so start the process well before your planned lodgement. Finally, some couples hide periods apart. Explain them instead, because honest context always reads better than a discovered gap.

Frequently asked questions

What is the 12-month rule for de facto partner visas?

Most de facto applicants must show the de facto relationship existed for at least 12 months immediately before applying. Time dating casually before the relationship became de facto does not count.

How can Victorian couples avoid the 12-month rule?

By registering their relationship through Births, Deaths and Marriages Victoria. A relationship registered under a prescribed state law removes the 12-month duration requirement for the visa.

Does registering my relationship guarantee the visa?

No. Registration only removes the duration requirement. You must still prove the relationship is genuine and continuing through financial, household, social and commitment evidence.

Do we need to live together to be de facto?

You must live together, or at least not live separately on a permanent basis. Periods apart can be explained, but the relationship must function as a shared life.

Is it better to marry or register the relationship?

Both remove the 12-month rule, and both lead to the same visa with the same evidence standards. The right choice depends on your relationship, not on visa strategy alone.

By Sam Kanjo, Migration Lawyer, Skyline Migration Lawyers, Melbourne.