Head to head · Checked 30 October 2026
Applying as a married couple vs Applying as a de facto couple
The partner visa is the same visa, at the same charge, with the same two stages and the same test of a genuine and continuing relationship; the difference is the threshold. A married couple need a marriage that is valid under Australian law and the relationship evidence; a de facto couple need the same evidence plus twelve months of the de facto relationship before lodgement, or a registered relationship in a state that registers. Marrying to lodge sooner is lawful and common, and the Department reads a recent marriage exactly as it reads a recent de facto relationship: on the history behind it. Marry if you were going to; register if your state allows and the twelve months are short; otherwise show the twelve months.
By Keshab Chapagain, registered migration agent (MARN 1576536) since 2015 · WIDEN, Sydney · Reviewed 30 October 2026
Keshab Chapagain · MARN 1576536 · Registered since 2015 - Threshold
- A marriage valid under Australian law, including most overseas marriages · 12 months of the de facto relationship before lodgement, or a registered relationship
- Evidence
- The marriage certificate plus the four pillars of the relationship · The four pillars of the relationship, with cohabitation evidence carrying more weight
- Same-sex couples
- Married under Australian or recognised foreign law · De facto or registered
- Charge
- $11,710 primary applicant · $11,710 primary applicant
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About the CPD →Side by side
| Applying as a married couple | Applying as a de facto couple | |
|---|---|---|
| Threshold | A marriage valid under Australian law, including most overseas marriages | 12 months of the de facto relationship before lodgement, or a registered relationship |
| Evidence | The marriage certificate plus the four pillars of the relationship | The four pillars of the relationship, with cohabitation evidence carrying more weight |
| Same-sex couples | Married under Australian or recognised foreign law | De facto or registered |
| Charge | $11,710 primary applicant | $11,710 primary applicant |
| Stages | 820/801 or 309/100 | 820/801 or 309/100 |
| Watch out | A marriage of convenience is read as hard as a thin de facto claim; some overseas marriages are not recognised | Gaps in cohabitation count against the 12 months |
Charges are the current government application charges (from 1 July 2026, main applicant) — see the fee calculator for your family's total. Checked 30 October 2026.
The honest verdict
The partner visa is the same visa, at the same charge, with the same two stages and the same test of a genuine and continuing relationship; the difference is the threshold. A married couple need a marriage that is valid under Australian law and the relationship evidence; a de facto couple need the same evidence plus twelve months of the de facto relationship before lodgement, or a registered relationship in a state that registers. Marrying to lodge sooner is lawful and common, and the Department reads a recent marriage exactly as it reads a recent de facto relationship: on the history behind it. Marry if you were going to; register if your state allows and the twelve months are short; otherwise show the twelve months.
Which side of that line you fall on depends on facts a table cannot hold — your age, score, occupation's lists, and what evidence you can actually assemble. That is consultation territory, not guesswork territory.
More head-to-heads: 482 vs 494 · 190 vs 491 · 189 vs 190 · 482 vs 186
General information only, not migration advice. Settings shown are the general rules; exemptions and stream variations exist. Migration advice is provided by Keshab Chapagain (MARN 1576536) after a paid consultation under the Migration Agents Code of Conduct.
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Questions we get asked first
Applying as a married couple or Applying as a de facto couple — which is better?
The partner visa is the same visa, at the same charge, with the same two stages and the same test of a genuine and continuing relationship; the difference is the threshold. A married couple need a marriage that is valid under Australian law and the relationship evidence; a de facto couple need the same evidence plus twelve months of the de facto relationship before lodgement, or a registered relationship in a state that registers. Marrying to lodge sooner is lawful and common, and the Department reads a recent marriage exactly as it reads a recent de facto relationship: on the history behind it. Marry if you were going to; register if your state allows and the twelve months are short; otherwise show the twelve months.
What is the main difference between the Applying as a married couple and the Applying as a de facto couple?
Threshold: Applying as a married couple — A marriage valid under Australian law, including most overseas marriages; Applying as a de facto couple — 12 months of the de facto relationship before lodgement, or a registered relationship. Evidence: Applying as a married couple — The marriage certificate plus the four pillars of the relationship; Applying as a de facto couple — The four pillars of the relationship, with cohabitation evidence carrying more weight. Same-sex couples: Applying as a married couple — Married under Australian or recognised foreign law; Applying as a de facto couple — De facto or registered.
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