How Exactly Do they count the 12 Months Relationship Requirement? Not every state authority, in Australia, allows for the registration of de facto relationships. Subregulation 2.03A(3) requires that prior to the lodgement of a Partner visa (820 or 309) on the basis of a de facto relationship, couples must have been in a de facto relationship for a minimum period of 12 months prior to the date of lodgement of the partner visa. Subregulation 2.03A(5) provides an exemption to the 12 month requirement if you register you relationship with the relevant office of birth deaths and marriages in your state. Currently, it is not possible to register a de facto relationship in Western Australia and the Northern Territory.

De facto couples that have not registered their de facto relationship, with the correct state authority, do not qualify for the 12 month de facto relationship exemption set out in Subregulation 2.03A(5).

The requirement is set out in Subregulation 2.03A(3) of The Migration Regulations 1994. See below:

“2.03A Criteria applicable to de facto partners

(1) In addition to the criteria prescribed by regulations 2.03 and 2.03AA, if a person

claims to be in a de facto relationship for the purposes of a visa application, the

criteria in subregulations (2) and (3) are prescribed.

(2) If a person mentioned in subregulation (1) applies for a visa:

(a) the applicant is at least 18; and

(b) the person with whom the applicant claims to be in a de facto relationship

is at least 18.

(3) Subject to subregulations (4) and (5), if:

(a) a person mentioned in subregulation (1) applies for:

(i) a permanent visa; or

(iia) a Business Skills (Provisional) (Class EB) visa; or

(iib) a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa;

or

(iii) a Student (Temporary) (Class TU) visa; or

(iv) a Partner (Provisional) (Class UF) visa; or

(v) a Partner (Temporary) (Class UK) visa; or

(vi) a General Skilled Migration visa; and

(b) the applicant cannot establish compelling and compassionate circumstances

for the grant of the visa;

the Minister must be satisfied that the applicant has been in

the de facto relationship for at least the period of 12 months ending immediately

before the date of the application.”

Note: One can argue “compelling and compassionate circumstances” to seek an exemption to the 12 month requirement.

In addition to the requirements above, you will need to provide evidence of a de facto relationship for the entire 12 month period. This is not just determined by the move in date, it is determined by the evidence provided for the entire 12 month period prior to the date of lodgement. In the case of a de facto relationship, The Department will measure the evidence provided for the 12 month period and will be guided by Regulation 1.09A in determining whether a de facto relationship existed for the entire 12 month period. Regulation 1.09A is referred to as the 4 pillars. Below is Regulation 1.09A of The Migration Regulations 1994:

“1.09A De facto partner and de facto relationship

(1) For subsection 5CB(3) of the Act, this regulation sets out arrangements for the

purpose of determining whether 1 or more of the conditions in paragraphs

5CB(2)(a), (b), (c) and (d) of the Act exist.

Note 1: See regulation 2.03A for the prescribed criteria applicable to de facto partners.

Note 2: The effect of subsection 5CB(1) of the Act is that a person is the de facto partner of

another person (whether of the same sex or a different sex) if the person is in

a de facto relationship with the other person.

Subsection 5CB(2) sets out conditions about whether a de facto relationship exists, and

subsection 5CB(3) permits the regulations to make arrangements in relation to the

determination of whether 1 or more of those conditions exist.

(2) If the Minister is considering an application for:

(a) a Partner (Migrant) (Class BC) visa; or

(b) a Partner (Provisional) (Class UF) visa; or

(c) a Partner (Residence) (Class BS) visa; or

Authorised Version F2026C00324 registered 16/04/2026

Preliminary Part 1

Interpretation Division 1.2

Regulation 1.11

Migration Regulations 1994 31

Compilation No. 286 Compilation date: 01/04/2026

(d) a Partner (Temporary) (Class UK) visa;

the Minister must consider all of the circumstances of the relationship, including

the matters set out in subregulation (3).

(3) The matters for subregulation (2) are:

(a) the financial aspects of the relationship, including:

(i) any joint ownership of real estate or other major assets; and

(ii) any joint liabilities; and

(iii) the extent of any pooling of financial resources, especially in relation

to major financial commitments; and

(iv) whether one person in the relationship owes any legal obligation in

respect of the other; and

(v) the basis of any sharing of day-to-day household expenses; and

(b) the nature of the household, including:

(i) any joint responsibility for the care and support of children; and

(ii) the living arrangements of the persons; and

(iii) any sharing of the responsibility for housework; and

(c) the social aspects of the relationship, including:

(i) whether the persons represent themselves to other people as being in

a de facto relationship with each other; and

(ii) the opinion of the persons’ friends and acquaintances about the nature

of the relationship; and

(iii) any basis on which the persons plan and undertake joint social

activities; and

(d) the nature of the persons’ commitment to each other, including:

(i) the duration of the relationship; and

(ii) the length of time during which the persons have lived together; and

(iii) the degree of companionship and emotional support that the persons

draw from each other; and

(iv) whether the persons see the relationship as a long-term one.

(4) If the Minister is considering an application for a visa of a class other than a class

mentioned in subregulation (2), the Minister may consider any of the

circumstances mentioned in subregulation (3).”

Regulation 1.09A or rather an assessment of the presence of the 4 pillars is not a strict mathematical equation where 1+1 always equals 2. For instance, if you do not live in the same country, because of visa related restrictions, that does not mean you fail the “Nature of the Household Pillar” and cannot achieve a positive relationship assessment.  A Delegate will weigh the volume of evidence, in line with your circumstances, apply the 4 pillars and from there make a determination.

It is important that persons in similar situations seek a professional opinion based on the actual evidence the parties intent to provide and based on there exact circumstances.