You’ve been together for 6 months. Maybe 8. You love each other, but you know you don’t meet the standard “12-months rule”. Your head says: “We should just wait another few months.” But you don’t want to wait because you have a visa that expires or you don’t want to be separated any longer than necessary.
The solution? There is no ‘one-size-fits-all’ solution. It depends. So let me walk you through the steps.
First, we must analyse what a de facto relationship is.
What is a de facto relationship?
In Australian immigration law a de facto relationship is not merely a committed relationship. It’s a relationship that is like a marriage without the marriage certificate. There are a few key requirements that must be met:
- You are not legally married
- You are not prevented by law from getting married (i.e. you’re not closely related)
- You have a mutual commitment to a shared monogamous life together
- Your relationship is genuine and still continuing
- You live together or if you are not, you are not living apart on a permanent basis
What is the 12-Month Rule
To apply for a partner visa on de facto grounds you must prove that you have been in a de facto relationship for at least 12 months immediately before you apply.
Technically, you don’t need to have been living together for 12 months, although it helps to make your application stronger. The crucial point is: you must live together, or if apart, the separation is not permanent, any periods of separation were only temporary, you stayed in contact and did not break up.
12 months living together has become a kind of proxy proof. If you have lived together for that timeframe, you will most likely have the paper trail to prove it, making the application process easier.
If you just moved in together, or if your living arrangements are more unusual, such as living in a house share, with your parents, on a cruise ship, or in a campervan… you need to be more creative with your proof and maybe think outside the box. And you need to be aware that your risk of refusal is much higher if your application isn’t prepared carefully.
That’s exactly where a pre-lodgement document audit changes the game. We spot these weaknesses before you submit — so you can fix them rather than beg for mercy later. [book here button]
What happens if you don’t meet the 12-month rule
There is a waiver for this rule, but it applies only in very limited circumstances. Here is what you need to know about the “Compelling and Compassionate Circumstances” waiver for the 12-month rule.
If you haven’t hit that mark, you risk a refusal, unless you can prove one of two things:
- Registered Relationship: You have registered your relationship in an eligible Australian state or territory (e.g., NSW, VIC, QLD). Note: This does NOT apply to all states.
- Compelling and Compassionate Circumstances: You can demonstrate that waiting would cause undue hardship or that your situation is unique enough to warrant an exemption.
But what counts as “Compelling and Compassionate”? This is where things get complex, because the Department does not accept “we want to be together sooner” or “but my visa expires soon” as a valid reason. They look for concrete, external pressures, such as medical reasons, safety concerns or financial hardship.
This is nothing you’d want to approach on your own. Seek advice from a professional.
How to Assess Your Case Before You Lodge
Applying under the waiver is a high-stakes move. If you are in a long-distance relationship, have only 4-8 months of cohabitation, or are unsure if your “compelling reasons” are strong enough, do not press submit alone.
Get a second opinion from a registered agent who has experience with complex waivers.
Let’s make sure your application is bulletproof before you risk a refusal.
👉 Book Your Specialised Waiver Assessment & Document Audit