One of the questions I am asked most often is whether an official marriage certificate is required in order to apply for an Australian Partner visa. Negin Safaei, Australian immigration lawyer, MARA registration number 1791573, answers that question clearly and with reference to the source material: the text of the Migration Act 1958 and the Migration Regulations 1994. Below, all three lawful pathways available to couples — formal marriage, a de facto relationship, and the “prospective marriage” pathway — are set out, together with the criteria and the supporting evidence each one requires.
The short answer
A formal marriage is not required for an Australian Partner visa. The Migration Act 1958 recognises three pathways: legal spouse (section 5F), de facto partner — that is, a relationship without marriage (section 5CB), and the Prospective Marriage visa (subclass 300) for couples who are neither married nor in a de facto relationship. De facto couples must generally show twelve months of relationship immediately before lodgement, unless the relationship has been formally registered or “compelling and compassionate” circumstances apply. On every pathway, the genuineness and continuing nature of the relationship must be established.
What the law says
The Partner visa is a single visa with two geographic pathways: subclass 820/801 for applications made inside Australia, and subclass 309/100 for applications made outside Australia. There is no separate “de facto visa”; married couples and unmarried couples apply under exactly the same subclasses, and the only difference lies in the definition under which their relationship falls.
1) Legal spouse — section 5F of the Migration Act 1958: A person is a “spouse” where the marriage is valid and recognised under the Marriage Act 1961 and, in addition, there is a mutual commitment to a shared life to the exclusion of all others, the relationship is genuine and continuing, and the parties live together (or do not live separately and apart on a permanent basis). In other words, simply holding a marriage certificate — from Iran, Türkiye or Australia — does not by itself make the case: the marriage must be valid under Australian law, and the relationship itself must be genuine and ongoing.
2) De facto partner — section 5CB of the Migration Act 1958: Two people are de facto partners if they are not married to each other, they have a mutual commitment to a shared life to the exclusion of all others, their relationship is genuine and continuing, they “live together, or do not live separately and apart on a permanent basis”, and they are not related by family. Note carefully that the statutory test is not “twelve months of continuous cohabitation”; the test is the existence of a de facto relationship for twelve months, and the living-together criterion is made flexible by the words “or do not live separately and apart on a permanent basis”. That said, documented cohabitation remains the strongest form of evidence.
3) The relationship assessment criteria — regulation 1.09A of the Migration Regulations 1994: The case officer assesses the relationship across four areas: the financial aspects, the nature of the household, the social aspects, and the nature of the parties’ commitment to each other.
4) The twelve-month rule and its exceptions — regulation 2.03A of the Migration Regulations 1994: For de facto applicants, the Minister must be satisfied that the de facto relationship existed for at least the twelve months immediately before the date the application was lodged. That requirement does not apply where: (a) the relationship is registered under the law of a prescribed State or Territory; (b) the applicant establishes “compelling and compassionate circumstances” for the grant of the visa; (c) the permanent humanitarian visa exception applies — that is, where the de facto relationship existed before the humanitarian visa was granted and was notified to the Department, or where the relationship is with a permanent humanitarian visa applicant.
5) Prospective Marriage visa — subclass 300: If you are neither married nor able to establish a de facto relationship, this visa allows you to travel to Australia, marry your fiancé(e), and then apply for permanent residence. Unlike the Partner visa pathway, an existing de facto relationship is not a prerequisite for lodging a subclass 300 application; instead, the applicant must be outside Australia at the time of lodgement and must document a genuine intention and concrete plans to marry.
Key requirements of each pathway at a glance
| Pathway | Legal basis | Marriage required? | Relationship duration requirement | Key point |
|---|---|---|---|---|
| Legal spouse (820/801 or 309/100) | Section 5F of the Migration Act 1958 + Marriage Act 1961 | Yes | No minimum period | The marriage must be valid under Australian law; the relationship must still be shown to be genuine and continuing |
| De facto partner (same subclasses) | Section 5CB + regulations 1.09A and 2.03A of the 1994 Regulations | No | Twelve months of de facto relationship immediately before the lodgement date | Formal registration of the relationship, compelling and compassionate circumstances, or the humanitarian exception removes this requirement |
| Prospective marriage (subclass 300) | Department of Home Affairs visa listing | No — marriage takes place after arrival | No pre-application de facto relationship required | The application must be lodged from outside Australia; marriage follows, then the application for permanent residence |
About Relationship Registration:
- Relationship registration is available in most Australian States and Territories; however, Western Australia (WA) and the Northern Territory (NT) have no relationship registration scheme.
- If either party is legally married to someone else, the relationship cannot be registered.
- Registration only removes the twelve-month requirement; it is not, in itself, proof that the relationship is genuine. Applicants must still be assessed against the de facto definition in section 5CB of the Migration Act 1958 and the four areas set out in regulation 1.09A.
- In Victoria, relationships are registered through Births, Deaths and Marriages Victoria.
- Regulation 2.03A does not, in its own terms, specify a particular date for the “registered relationship” exception; the safest and most standard practice is to have the registration completed before the date the visa application is lodged, with the certificate attached to the application.
About the validity of a marriage: Marriages where one party was under 18, proxy marriages, religious-only marriages that were never registered, and polygamous marriages may not be recognised as a spousal relationship under the Marriage Act 1961. In those situations, the practical route is usually to establish a de facto relationship or to use subclass 300.
What this means for you
As Negin Safaei explains, not having a marriage certificate closes no doors in the Australian migration system; it simply changes how you prove your case. If you are formally married, the focus of the application is the validity of the marriage and the evidence that the relationship is continuing. If you live together without being married, the focus shifts to the start date of the de facto relationship, the four evidentiary areas in regulation 1.09A and — where necessary — formal registration of the relationship to remove the twelve-month requirement. And if your relationship is new and you have not yet built a shared life together, subclass 300 is precisely the lawful pathway designed for your circumstances.
Experience with Persian-speaking clients shows that the single most preventable error is choosing the wrong pathway on the day of lodgement — something that a careful, unhurried assessment at the outset resolves entirely. As a registered migration lawyer with MARA (number 1791573), Negin Safaei and her team build the case from day one around the text of the legislation and the real documents of your life, so that the correct pathway is chosen and the evidence is complete before the application is lodged. You do not have to make this decision alone, on the basis of hearsay.
Sources
- Migration Act 1958 (sections 5CB and 5F — definitions of de facto partner and spouse) — legislation.gov.au
- Migration Regulations 1994 (regulations 1.09A and 2.03A — relationship assessment criteria, the twelve-month requirement and its exceptions) — legislation.gov.au
- Marriage Act 1961 (validity and recognition of marriage) — legislation.gov.au
- Partner visa (subclass 820/801) — Department of Home Affairs — immi.homeaffairs.gov.au
- Partner (Provisional) visa (subclass 309) and Partner visa (subclass 100) — Department of Home Affairs — immi.homeaffairs.gov.au
- Prospective Marriage visa (subclass 300) — Department of Home Affairs — immi.homeaffairs.gov.au
- Register a relationship — Births, Deaths and Marriages Victoria — bdm.vic.gov.au
- Register of Migration Agents — Office of the Migration Agents Registration Authority (MARA) — mara.gov.au
Your relationship case needs to be watertight before it is lodged
If you are unsure whether your case falls under the legal spouse definition, under a de facto relationship, or whether subclass 300 is in fact your correct pathway, a careful legal assessment today can spare you months of back-and-forth and remove the risk of refusal. Negin Safaei, Australian immigration lawyer registered with MARA under number 1791573, will go through the start date of your relationship, your financial and household evidence, the validity of your marriage documents and the option of registering your relationship, and will set out the best pathway for you in writing. To talk about your own circumstances — not a hypothetical scenario — contact Negin Safaei’s office and have your Partner visa case reviewed.
Frequently asked questions
Is a formal marriage required for an Australian Partner visa?
No. The Migration Act 1958 recognises both a “legal spouse” (section 5F) and a “de facto partner” — that is, a relationship without marriage (section 5CB) — and both apply under the very same subclasses: 820/801 (inside Australia) or 309/100 (outside Australia). There is no separate de facto visa subclass.
If we are not married, how long must we have been in a relationship?
Under regulation 2.03A of the Migration Regulations 1994, the de facto relationship must have existed for at least the twelve months immediately before the date the application was lodged. The requirement does not apply in three situations: formal registration of the relationship under the law of a prescribed State or Territory, establishing “compelling and compassionate” circumstances, and the permanent humanitarian visa exception.
Do we need to have lived together for exactly twelve months?
The statutory test is not “twelve months of continuous cohabitation”; the test is the existence of a de facto relationship for twelve months, and section 5CB requires only that the two people live together or not live separately and apart on a permanent basis. That said, evidence of cohabitation is the strongest form of evidence.
If we register our relationship, do we still have to prove anything?
Formal registration only removes the twelve-month requirement. Applicants must still be assessed as being in a genuine relationship against the de facto definition in section 5CB of the Migration Act 1958 and the areas set out in regulation 1.09A — financial aspects, the nature of the household, social aspects and the nature of the commitment.
Which States allow a relationship to be registered?
Registration is available in most Australian States and Territories, but there is no such scheme in Western Australia (WA) or the Northern Territory (NT). In addition, if either party is legally married to someone else, the relationship cannot be registered. In Victoria, registration is done through Births, Deaths and Marriages (BDM Victoria).
If we are neither married nor able to show twelve months of de facto relationship, what options do we have?
The Prospective Marriage visa (subclass 300). This visa allows you to travel to Australia, marry your fiancé(e) and then apply for permanent residence; unlike the Partner visa pathway, an existing de facto relationship is not a prerequisite, but the application must be lodged from outside Australia.
Will a marriage certificate from Iran or Türkiye be accepted?
Yes, provided the marriage is valid and recognised under Australia’s Marriage Act 1961. Marriages where a party was under 18, proxy marriages, religious-only marriages that were never registered, and polygamous marriages may not be recognised. In those situations, the practical route is usually to establish a de facto relationship or to use subclass 300. In every case, the genuineness and continuing nature of the relationship must still be proven.
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.