One mistake turns up again and again in de facto partner visa files. The couple writes down the night they met as the start of the relationship. Then the case officer opens the joint lease, which begins eight months later. Suddenly the 12-month requirement looks unmet, and a genuine relationship is in doubt. Nothing about the couple was wrong. The date was.
This guide explains how the 12 months are counted and the registration exception open to Victorian couples. It also covers the documents that pin a start date down.
Short answer: Most de facto applicants must show the de facto relationship existed for 12 months immediately before lodging. Registering the relationship under a state or territory scheme removes that duration test, but the $11,710 application charge still buys nothing without genuine evidence.
What makes a relationship de facto
For visa purposes, a de facto couple lives together, or at least does not live separately on a permanent basis. The relationship must be genuine and continuing. It must be mutually exclusive. It cannot be a relationship of convenience. The Department tests all of this against four aspects: finances, household, social life and commitment.
Dating, however serious, is not enough. The relationship has to carry the character of a shared life. That is the point from which the 12 months run.
How the 12 months are counted
The rule requires the de facto relationship to have existed for at least 12 months immediately before the application is made. The clock starts when the relationship took on that shared-life character, not on the first date. Therefore, the early months of a courtship rarely count, however important they felt.
Because the rule turns on a date, the evidence must fix that date. A joint lease does this well, since its signing date speaks for itself. Regular shared spending on bank statements does the same job month by month. Vague timelines invite doubt, and doubt invites refusal.
Who is exempt from the 12 months
Two exceptions matter most. First, the requirement does not apply where the relationship is registered under a prescribed state or territory law. Second, it does not apply where the couple has a dependent child together. A narrow exception also exists for compelling and compassionate circumstances, but it is rarely a safe plan.
Married couples sit outside the rule altogether, because it applies only to de facto applicants. As a result, an engaged couple who marry before lodging avoid the duration test entirely. Couples who are not ready to marry can look at the Prospective Marriage visa or at registration instead.
Registering a relationship in Victoria
Victoria registers relationships through Births, Deaths and Marriages Victoria. At least one partner must live in Victoria. Neither partner can be married or in another registered relationship. The application needs identity documents and a statutory declaration, followed by a waiting period before the certificate issues.
The certificate is the document that engages the exception. Consequently, it must exist before you lodge the visa application. Start the registration well ahead of your planned lodgement date, because it cannot be rushed.
- Step 1Confirm both partners are free to register and that one of you lives in Victoria.
- Step 2Lodge the registration application with identity documents and the required declaration.
- Step 3Wait out the statutory period and collect the registration certificate.
- Step 4Lodge the partner visa with the certificate and full relationship evidence.
What registration does and does not do
Registration answers the duration question only. It does not answer the genuineness question. You must still prove a shared life across all four aspects. Couples who register and then lodge thin evidence still face refusal, and the charge is not refunded.
Evidence that anchors the start date
Choose documents that carry both names, a date and an address. Those three details do the proving. Gather them in date order, then state the same start date in every form and statement. A shifting date is the fastest way to lose credibility.
Married, registered or 12 months: the three routes compared
| Route | Duration test | Genuineness test |
|---|---|---|
| Married before lodging | Does not apply | Full evidence across four aspects |
| Relationship registered | Does not apply | Full evidence across four aspects |
| De facto, not registered | 12 months immediately before lodging | Full evidence across four aspects |
All three routes lead to the same visa at the same $11,710 charge. The evidence standard never changes. Therefore, pick the route that suits your relationship, and build the file properly whichever one you choose.
Mistakes that undo de facto applications
The first mistake is counting from the first date rather than from the start of the shared life. The second is registering the relationship and then relaxing on evidence. The third is leaving registration so late that the certificate arrives after lodgement. Finally, some couples hide periods apart. Explain them instead, because honest context reads far better than a gap the officer discovers.
What if we lived apart for part of the 12 months?
Time apart does not end a de facto relationship on its own. Work postings, study and family emergencies happen to genuine couples. However, the relationship must have continued through the separation. Messages, calls, visits and shared spending across the gap show that it did. Set out the reason for the separation in your statements before the officer has to ask.
Our partner visa page sets out the full evidence framework for both married and de facto couples. If your start date is unclear, or registration timing is tight, contact us before you pay the charge.
Frequently asked questions
Does the 12 months have to run right up to the lodgement date?
Yes. The rule looks at the 12 months immediately before the application is made. A relationship that lasted a year, broke down and then resumed shortly before lodging may not satisfy it. Advice on the specific timeline is needed in that situation.
We registered our relationship in another state. Does that count?
Registration under any prescribed state or territory law engages the exception. It does not have to be Victorian. Provide the certificate with the application, and check that the register you used is a prescribed one.
Can we lodge before the registration certificate arrives?
No. The certificate must exist when the application is made for the exception to apply. Lodging early means the 12-month rule applies to you, and the charge is not refunded if the application fails.
Does having a child together remove the 12-month rule?
Yes. Where the couple has a dependent child of the relationship, the duration requirement does not apply. Genuineness must still be proven in the ordinary way.
Our joint lease started months after we moved in. Does that hurt us?
Not necessarily. The lease is one anchor, not the only one. Bank transfers, mail to the shared address and statements from people who visited can fix an earlier date. Consistency across every document matters more than any single one.
Figures verified against Home Affairs visa pricing as at 1 July 2026.
This article is general information about Australian migration law as at 2 September 2026. It is not legal advice. Figures change each July and eligibility turns on your own facts, so obtain advice before acting.