← Back to Case Studies

De Facto Partner Visa Issued After Relationship Registration Overcame 12-Month Cohabitation Gap

Visa TypeSubclass 820
CategoryPartner Visa

Case Summary

A student visa holder who had been in a genuine relationship for over 12 months could not satisfy the 12-month cohabitation requirement, having only lived with her partner for 7 months. We advised the couple to register their relationship formally, which satisfied the regulatory exception to the cohabitation requirement.

Background

Our client was on a Subclass 572 Student Visa due to expire in two months and wished to apply for a Subclass 820 Partner Visa based on her genuine de facto relationship with an Australian citizen. While the couple had been in a relationship for over 12 months, they had only lived together for seven months, falling short of the 12-month cohabitation requirement under Regulation 2.03A of the Migration Regulations. Unless a registered relationship existed, the applicant would need to establish compelling and compassionate circumstances — a more uncertain pathway.

Challenges

  • Only 7 months of cohabitation fell short of the 12-month requirement under Regulation 2.03A
  • The student visa had only 2 months remaining, adding urgency to the application
  • Needed a reliable pathway to overcome the cohabitation gap

How We Helped

We identified that Regulation 2.03A contains an exception for de facto relationships registered under a State or Territory law. We advised the couple to register their relationship with the relevant state body, which satisfied this exception. We then compiled a comprehensive body of relationship evidence — including a joint bank account, shared utility bills, statutory declarations and evidence of joint social commitments — to substantiate the genuineness of the relationship.

Schedule a call to discover how our experience and expertise made it possible

Key Success Factors

  • Identification of the relationship registration exception as the most reliable pathway
  • Prompt advice enabling the couple to register their relationship before the application was lodged
  • Comprehensive relationship evidence package submitted alongside the registration certificate
Schedule a call to discover how our experience and expertise made it possible

Outcome

The Department accepted the relationship registration certificate and supporting evidence, and the Subclass 820 Partner Visa was granted.

Related Cases

Subclass 300

Expedited Subclass 300 Prospective Marriage Visa Granted – Afghan Applicant Residing in Pakistan

An Afghan applicant with periods of unlawful stay in Pakistan, whose engagement to his Australian-based sponsor was conducted via a video call rather than an in-person ceremony, was granted a Subclass 300 Prospective Marriage Visa in 10 months — well ahead of the published 26-month processing time.

Read More →
Subclass 820/801

Onshore Partner Visa (Subclass 820/801) Granted After Character Referral to VACCU

An applicant whose partner visa had been refused in 2014 on genuineness grounds, and later remitted to the Department by the AAT, faced a further character referral to VACCU due to decade-old family violence convictions. The matter was resolved within 4 months and permanent residency was granted.

Read More →
View All Case Studies

Need Help With Your Visa Matter?

Every case is unique. Get personalized assessment of your situation from experienced migration professionals who understand complex immigration challenges.

Request Free Assessment