This is one of the questions I am asked most often by viewers of the program, and the answer sits plainly in the text of Australia’s migration regulations — it simply has to be read carefully. Below, Negin Safaei, Australian migration lawyer, MARA registration number 1791573, works through the legal framework of the twelve-month requirement and every formal exception to it, step by step. The purpose of this piece is to ensure that, before you lodge, you know exactly which provision your case falls under and what evidence you need to have ready.
The short answer
No — the twelve-month requirement is not absolute. Under regulation 2.03A of the Migration Regulations 1994, a de facto claim requires the relationship to have existed for at least 12 months ending immediately before the date the application is lodged — unless the relationship is registered under an official State/Territory registry, “compelling and compassionate” circumstances are established, or the exceptions relating to permanent humanitarian visas apply. This requirement is also specific to de facto claims and does not apply to couples in a legally valid marriage.
What the law says
There are two distinct legal layers here, and separating them is the key to understanding a case properly:
Layer one — the definition of the relationship (section 5CB, Migration Act 1958): a de facto relationship exists where two people are not related by family, are not legally married to each other, have a mutual commitment to a shared life to the exclusion of all others, the relationship is genuine and continuing, and they live together or do not live separately and apart on a permanent basis. Regulation 1.09A also requires the Minister to consider all of the circumstances of the relationship, including the four matters set out in subregulation (3): the financial aspects, the nature of the household, the social aspects, and the nature of the couple’s commitment to each other.
Layer two — the duration requirement (regulation 2.03A): this regulation adds a separate temporal requirement: where a de facto relationship is claimed, the Minister must be satisfied that the de facto relationship existed for a period of at least 12 months ending immediately before the date the visa application was lodged. The important legal point is that the statutory test is “12 months of the de facto relationship existing“, not “12 months of unbroken cohabitation”. The clock starts on the date the relationship came into existence in the sense of section 5CB — not the date you met — and temporary separations (work travel, study, visa restrictions) do not of themselves break the period, provided the couple have lived together at some point and are not living separately and apart on a permanent basis.
Note too that regulation 2.03A applies only to de facto claims. If your relationship is a marriage that is valid for migration purposes (section 5F), the Regulations prescribe no minimum relationship duration at all, and the case is assessed purely on the genuineness and continuity of the relationship.
Exceptions to the 12-month requirement and the conditions attaching to each
| Exception | Legal basis | Practical note |
|---|---|---|
| Official registration of the relationship (Registered Relationship) | Regulation 2.03A; list of prescribed laws in the Acts Interpretation (Registered Relationships) Regulations 2019 | The relationship must be registered under one of the State/Territory laws listed in that instrument. Relationship registration is not available in every State and Territory, and the requirements for registration (including residence in that State) differ; before you plan around this, check both the list in that instrument and the Births, Deaths and Marriages website for the relevant State. |
| Compelling and compassionate circumstances | Regulation 2.03A | The 12-month requirement applies only where the applicant cannot establish compelling and compassionate circumstances for the grant of the visa. In practice, a child of the couple is the most common situation assessed within this framework; it is not a separate or automatic exception and must be put forward with evidence and argued. |
| Cases connected with a permanent humanitarian visa | Regulation 2.03A | Separate exceptions are provided for situations where the relationship existed before the grant of a permanent humanitarian visa and the Department was notified of it. |
| A legal marriage instead of a de facto claim | Section 5F, Migration Act 1958 | The twelve-month requirement in regulation 2.03A does not apply to couples in a valid marriage. |
The precise effect of registration: registering the relationship with an official registry removes the duration requirement; it does not substitute for proving that the relationship is genuine. Genuineness, exclusivity, mutual commitment and the absence of permanent separation are still assessed on the basis of section 5CB and the four matters in regulation 1.09A. Put simply: a registration certificate gets you past one requirement, not past the whole assessment.
What this means for you
If you have not yet reached twelve months, your case is not necessarily closed. The right approach is to decide, before lodging, which of the three exceptions best matches the reality of your life, and then build your evidence around that exception. As Negin Safaei explains, most of the damage in this category of case comes from two simple mistakes: first, miscalculating the start date of the relationship (counting from the date you met, or simply from the date you moved in together, when the legal test is the formation of a de facto relationship within the meaning of section 5CB); and second, assuming that a relationship registration certificate removes the need for evidence of genuineness.
Negin Safaei’s practical experience as a MARA-registered migration lawyer (registration number 1791573) in partner cases shows that, with a well-documented and coherent timeline — from the earliest signs of mutual commitment through to where things stand today — and with the right legal pathway chosen, many cases that look “premature” at first glance are entirely capable of being lodged and defended. Your peace of mind comes from knowing exactly where you stand in the law.
Sources
- Migration Regulations 1994 — regulation 2.03A (Additional applicant criteria / relationship requirements) and regulation 1.09A: legislation.gov.au
- Migration Act 1958 — section 5CB (De facto partner) and section 5F (Spouse): legislation.gov.au
- Acts Interpretation (Registered Relationships) Regulations 2019 — list of prescribed relationship registration laws: legislation.gov.au
- Partner Migration (Booklet 1127i) — Australian Department of Home Affairs: immi.homeaffairs.gov.au
- Partner visa (subclass 820/801 and 309/100) — official visa pages: immi.homeaffairs.gov.au
- Register a relationship — Births, Deaths and Marriages Victoria (an example of a State registry): bdm.vic.gov.au
- Register of Migration Agents — MARA (to verify an agent’s registration number): mara.gov.au
Which provision does your case actually fall under?
Bring me the dates of your relationship — the day your mutual commitment began, the day you first shared a home, and any temporary separation along the way. In a dedicated consultation with Negin Safaei, MARA-registered migration lawyer (1791573), we lay that timeline over the text of section 5CB and regulation 2.03A and work out whether you have already satisfied the twelve-month requirement, or whether relationship registration or the compelling-circumstances exception is the better path for you — and exactly what evidence you should start gathering today. Before you lodge, one hour of proper planning is worth months of waiting.
Frequently asked questions
From what date is the 12-month de facto period calculated?
From the date the relationship became a “de facto relationship” within the meaning of section 5CB of the Migration Act 1958 — that is, when a mutual commitment to a shared life to the exclusion of all others was formed — and not from the date you met. Under regulation 2.03A, that period must end immediately before the date the visa application is lodged.
If we have spent time apart, is the 12-month period broken?
The legal test is 12 months of the de facto relationship existing, not 12 months of unbroken cohabitation. A temporary separation (study, work, visa restrictions) is not of itself a barrier, provided the couple have lived together at some point and are not living separately and apart on a permanent basis (section 5CB).
Does registering the relationship with a State registry remove the 12-month requirement?
Yes — registration under one of the State/Territory laws listed in the Acts Interpretation (Registered Relationships) Regulations 2019 removes the duration requirement. However, the genuineness, exclusivity and continuity of the relationship are still assessed on the basis of section 5CB and the four matters in regulation 1.09A.
Can a relationship be registered in every State?
No. Relationship registration is not available in every State and Territory, and the requirements for registration (including residence requirements) differ. Before making a decision, check the list of prescribed laws in the Acts Interpretation (Registered Relationships) Regulations 2019 and the Births, Deaths and Marriages website for the relevant State.
Does having a child together remove the 12-month requirement?
Regulation 2.03A applies the 12-month requirement only where the applicant cannot establish “compelling and compassionate circumstances”. A child of the couple is the most common situation assessed within that framework; it is not an automatic exemption and must be documented and argued.
Does the 12-month requirement also apply to legally married couples?
No. Regulation 2.03A applies specifically to de facto relationship claims. For couples in a marriage that is valid for migration purposes (section 5F), the Regulations prescribe no minimum relationship duration, and the assessment focuses on the genuineness and continuity of the relationship.
Are there any other exceptions to the 12-month requirement?
Yes — regulation 2.03A provides separate exceptions for cases connected with a permanent humanitarian visa, including where the relationship existed before the humanitarian visa was granted and the Department was notified of it.
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.