A formal marriage is not a requirement for an Australian partner visa. Unmarried couples use exactly the same pathways — 820/801 (onshore) and 309/100 (offshore) — provided they can establish a de facto relationship: usually twelve months of relationship immediately before the date the application is lodged, or formal registration of the relationship, which removes that time requirement.
Negin Safaei, Australian migration lawyer, MARA registration number 1791573, considers this one of the most frequent concerns raised by Iranian couples, and answers it by going straight to the text of the Migration Act 1958 and the relevant Regulations: a “de facto partner visa” is not a separate subclass. An engaged couple, or a couple with no marriage certificate, lodges precisely the same applications as married couples — the difference being that they must establish the existence of a de facto relationship and satisfy the duration requirement (regulation 2.03A).
The twelve-month requirement and how it can be removed
The legal test is twelve months of relationship, not necessarily twelve months of continuous cohabitation; the law only asks that the couple live together, or at least do not live separately and apart on a permanent basis. That said, living together is the strongest form of evidence. Formal relationship registration removes the twelve-month requirement; this option is available in most states and territories, though not in WA or NT, and registration is not possible if either party is lawfully married to someone else. Unlike the twelve-month criterion, the text of regulation 2.03A does not specify a particular date by which registration must occur; in every case, it is best to check this point against current Department of Home Affairs policy.
Another route is “compelling and compassionate” circumstances: the twelve-month requirement is not absolute and applies only where the applicant cannot establish such circumstances for the grant of the visa. There is also an exception for permanent humanitarian visa cases — where the de facto relationship existed before that visa was granted and was notified to the Department, or where the relationship is with a permanent humanitarian visa applicant.
Relationship registration — or a marriage certificate — is not enough on its own
Registering a relationship removes only the duration requirement; applicants must still be assessed as being in a genuine relationship under the de facto definition in section 5CB of the Migration Act 1958 — against the very same elements set out in regulation 1.09A: the financial aspects of the relationship, the nature of the household, the social aspects, and the nature of the couple’s commitment to each other.
Care is also needed with marriage: a marriage certificate from Iran, Turkey or Australia will only assist the application if the marriage is a valid “married relationship” within section 5F and is recognised under the Marriage Act 1961. Marriages involving a party under 18, proxy marriages, religious-only or unregistered marriages, and polygamous marriages may not be recognised. And married applicants, certificate aside, must still establish a genuine and continuing relationship.
Couples who are neither married nor de facto
For this group, there is the fiancé(e) pathway — the Prospective Marriage visa (subclass 300). This visa allows you to come to Australia, marry your fiancé(e), and then apply for permanent residence. Unlike the partner visa pathway, you do not need to have been in a de facto relationship before lodging the subclass 300 application; however, the application must be lodged at a time when the applicant is outside Australia.
Across all of these pathways, the cornerstone of the case is the same one thing: the relationship must be genuine, with a mutual commitment between both partners.
If you would like to know which pathway — de facto, marriage, or subclass 300 — best fits your circumstances today, along with your dates and documents, a short, personal conversation with Negin Safaei can bring clarity and peace of mind before you take any step.
Read the full legal breakdown ←
This answer reflects the law and policy as verified on September 29, 2026. Immigration rules change frequently — confirm the current position before acting.
Mrs. Negin Safaee Registered Migration Agent 1791573
This article is general information only, current at the date shown, and is not legal advice. Do not rely on it for your own situation — immigration law and policy change frequently. Seek advice from a registered migration agent or immigration lawyer about your circumstances.