The 12-month requirement applies only where a de facto relationship is claimed, and there are exceptions: formal registration of the relationship with a State registry prescribed under the legislation, proof of “compelling and compassionate circumstances”, and certain cases connected with permanent humanitarian visas. The legal test is also 12 months of the de facto relationship existing up to the date of the relevant action — not 12 months of continuous cohabitation.
Negin Safaei, an Australian migration lawyer with registration number MARA 1791573, regards this as one of the most frequent points of confusion for partner visa applicants, and explains the legal framework as follows.
The basis for this requirement is Regulation 2.03A. Under that regulation, where an applicant claims a de facto relationship, the Minister must be satisfied that the relationship existed for at least the 12-month period ending immediately before the date of application. However, the same regulation makes clear that this requirement is imposed only if the applicant cannot establish “compelling and compassionate circumstances” for the grant of the visa; in practice, having a child together is generally assessed within this very framework. In addition, separate exceptions are provided for cases connected with permanent humanitarian visas — including where the relationship existed before the humanitarian visa was granted and the Department was notified of it.
Another point of precision is how the 12 months themselves are construed. The period is calculated from the time the relationship became a de facto relationship — not from when the couple first met — and temporary separations do not prevent the period from counting, provided the couple has lived together at some point and is not separated on a permanent basis (section 5CB of the Migration Act).
Formal registration of the relationship removes only the duration requirement; it is not a substitute for proving the relationship is genuine. The criteria in section 5CB and Regulation 1.09A — a mutual commitment to a shared life, exclusivity, permanence, and that the couple does not live separately and apart on a permanent basis — must still be established; Regulation 1.09A obliges the Minister to consider all of the circumstances of the relationship, including the matters set out in subregulation (3).
As to whether registration is available, it should also be noted that registration is not possible in every State and Territory, and the requirements for registration differ; only registration under a State/Territory law “prescribed” in the Acts Interpretation (Registered Relationships) Regulations 2019 has legal effect and is conclusive proof of a de facto relationship. Before making any decision, check the list in that instrument and the Births, Deaths and Marriages website for the relevant State.
And finally, an important reminder: this 12-month requirement relates only to a de facto claim and does not apply to couples who are legally married (spouse).
If you would like to know precisely which of these pathways your relationship falls under, and which exception is relevant to your case, a tailored, one-on-one consultation can clarify the way forward and set your mind at ease; contact Negin Safaei for advice specific to your circumstances.
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.