A de facto visa works the same way as a spouse visa
. In fact, they belong to the same subclass subclass 309 and subclass 820. This partner visa allows you stay enter and remain in the country on the basis of your de facto relationship with your partner.
The temporary visa for Australia is often used for the waiting period to determine the eligibility of your relationship. It usually lasts for two years. After which, if you relationship with your partner still exists, you become eligible for the permanent partner visa.
This visa for Australia is for those who are currently in a spouse-like relationship with an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. Before your application is lodged, you must be in a de-facto relationship with your sponsor for at least 12 months prior to the application.
A de facto relationship is one wherein the couple is not legally married but is already in a spouse-like or a spouse-equivalent relationship. Your spouse is sometimes referred to as your common law spouse.
There are some exceptions to the 12-month rule. The requirement may be waived if you can present evidence of compelling and compassionate circumstances such as having children with your partner. The waiver may also apply if your partner is or was the holder of a permanent humanitarian visa. In such a case, you must have been in a de facto relationship with your partner prior to being granted the humanitarian visa and that the department has been informed of such.
Aside from the term of relationship, you and your partner must also show mutual commitment. You must be living together and must be able to provide evidence of a genuine and continuing relationship.
A temporary de facto visa is a good first step to immigration to Australia. With this Visa for Australia, you can stay in the country with your partner until a decision is made on your permanent visa. You will also be entitled to work or study in Australia, but you may not have access to government funding for tertiary education. You may enroll in Australias medical benefits programs such as Medicare.