Australia Defacto Visa (Subclass 309)

The Spouse/Defacto visa enables the partner of an Australian citizen/permanent Australian resident /eligible New Zealand citizen to migrate to Australia.

To apply for an Australian Spouse visa:

  • You must be legally married to your partner (marriages performed legally outside of Australia are usually accepted as valid under Australian law – exceptions include same-sex, underage, polygamous relationships as these are not legal in Australia).

To apply:

  • For the immediate 12 months prior to your application, you and your partner must have been in a defacto relationship (a spouse like relationship, with a mutual commitment to a shard life together).
  • You must be of the opposite sex to your spouse.
  • You must be over 18 years old.

Factors considered in assessing a 12 month relationship:

  • Travelling together.
  • Joint memberships including sports, social and other activities.
  • Knowledge of each other’s personal circumstances.
  • Joint finances including joint bank accounts, joint major assets and joint real estate.
  • Living arrangements, joint household accounts and joint residential receipts.
  • Statutory declarations provided by your parents, family and friends on your relationship.

Frequently Asked Questions

Polaroid pictures of backpackers in Australia.