12 months of cohabitation
Living together in a genuine domestic relationship for at least 12 months immediately before applying. The most common pathway.
12-Month Rule · Registered Relationships · De Facto Applicants
De facto partner visa applications are harder to prove than married applications.
There is no wedding certificate to point at. For de facto strategy our partner specialist Neha Sharma coordinates with Pragya Gautam on 12-month-rule cases across 820/801 and 309/100 streams. The Department wants to see mutual commitment, a genuine and continuing relationship, and a shared life, all documented in detail. Here is how to actually build that evidence.
The 12-month rule
Two ways to meet the de facto threshold.
Before lodgement, de facto applicants must satisfy one of two tests to establish the relationship legally.
Registered relationship
Relationship registered on an Australian state or territory relationship register. Removes the 12-month cohabitation requirement. Not available in every state.
Compelling circumstances exceptions
Australian citizen child of the relationship, or other compelling circumstances, can waive the 12-month requirement in rare cases.
Why cohabitation is counted strictly
The 12 months must be cohabitation at the same address, not separated by more than minor breaks. Long-distance relationships do not count toward the 12 months.
Evidence of de facto commitment
Specific patterns the Department looks for.
Because there is no marriage certificate, de facto evidence must construct the equivalent through documentary means.
Joint residential lease or mortgageStrongest single piece of de facto evidence. Both names on the lease or mortgage, spanning 12+ months.
Joint bills and household accountsUtilities, internet, insurance in joint names. Shows ongoing shared domestic life.
Joint financial interdependenceJoint bank account, joint savings, shared financial obligations. See evidence checklist.
Shared social and family recognitionAttendance at family events, photos with family, statements from family and friends recognising the relationship.
Registered relationships
The shortcut (where available).
Registered relationships remove the 12-month cohabitation requirement but not every state offers them.
States that register
Victoria, Queensland, NSW, ACT, Tasmania have relationship registers. Western Australia, South Australia, Northern Territory do not.
How registration works
Both partners apply, pay a fee, declare the relationship. Typically issued within weeks. Recognised nationally for migration purposes.
Limitations
Registration does not by itself prove the relationship is genuine. You still need full evidence across the four categories. It just removes the 12-month cohabitation test.
Meeting the 12-month rule does not mean your relationship is genuine in the Department's eyes.
12-month cohabitation is a threshold, not a conclusion. After 12 months of cohabitation, you still need to evidence the four relationship categories. Couples who have technically lived together for 12 months but who have weak documented evidence can still be refused.
Common questions
The questions we hear most.
For de facto partner visa applications, book with Neha Sharma or Pragya Gautam.
Do I need to be cohabiting right now to lodge?
For de facto applicants, yes, unless a registered relationship or compelling circumstance exception applies. Living apart at time of lodgement can create evidence challenges.
Does travel count as separation from cohabitation?
Short travel does not break cohabitation. Extended periods apart (months) can. Each case is fact-specific.
Can I lodge before the 12 months if I have a registered relationship?
Yes. A registered relationship removes the 12-month cohabitation requirement. Register well before lodgement to make sure the relationship exists as a legal fact at application time.
What counts as a compelling circumstance exception?
Australian citizen child of the relationship is the clearest. Other circumstances are assessed on a case-by-case basis. Specialist advice required.
Some information on this page has been sourced from the Department of Home Affairs and has been interpreted and approved by Principal Migration Agent Sourabh Aggarwal (MARN 1462159). Last reviewed: May 2026.