Partner Visa Refused Because the De Facto Relationship Was Under 12 Months: What the Rule Actually Requires

A genuine relationship can still face refusal if the de facto duration requirement is not satisfied. This is one of the most misunderstood Partner visa issues because applicants often focus on whether the relationship is real, while the Migration Regulations may separately require a particular period of de facto relationship before the application date.

Regulation 2.03A of the Migration Regulations 1994 contains the 12-month requirement for specified visa classes, subject to exceptions. The analysis is not simply how long the couple has known each other or how long they have been dating.

What period actually counts?

The relevant question is when the couple became de facto partners within migration law. Evidence may include living arrangements, financial interdependence, household arrangements, social recognition and the nature of the couple’s commitment. A relationship history can begin before the legally relevant de facto period begins.

Common reasons for refusal

counting the dating period as if it were automatically de facto;
using a lease start date without explaining the earlier or later relationship circumstances;
assuming engagement proves a 12-month de facto relationship;
failing to provide evidence showing when the de facto relationship actually commenced;
relying on a relationship registration without checking whether it creates the relevant exception for the visa and jurisdiction; or
assuming compelling circumstances apply without addressing the legal test and evidence.

Are there exceptions to the 12-month rule?

Yes, the regulations contain exceptions in certain circumstances. The exact exception must be matched to the applicant’s visa class and facts. It is not safe to assume that marriage after lodgement, a child, relationship registration or hardship automatically cures every duration problem.

What should be reviewed after a refusal?

the Department’s finding about the start date of the de facto relationship;
the date of visa application;
state or territory relationship-registration evidence, if any;
joint residence evidence and explanations for periods living apart;
financial, household and social evidence from the beginning of the claimed period; and
whether any statutory exception was raised and correctly considered.

Genuine relationship evidence still matters

Meeting a duration rule does not remove the need to prove the relationship is genuine and continuing. Conversely, a large volume of relationship evidence does not necessarily cure a failure to satisfy a separate duration criterion.

For broader partner visa eligibility, see our Partner Visa Australia hub. If a refusal has already occurred, the review deadline in the decision letter should be checked immediately.

Sources checked 21 September 2026. This article is general information only and is not legal advice. Visa criteria and review rights depend on the exact application, decision and law in force.

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About the author

Madhab Kharel

Principal Lawyer & Director, Emigrate Lawyers

Madhab Kharel is the Principal Lawyer and Director of Emigrate Lawyers, an Australian law firm assisting clients across Australia and internationally. His migration law practice includes Partner Visas, Protection Visas, visa refusals and cancellations, Administrative Review Tribunal matters, health and character issues, Schedule 3, Section 48, sponsorship limitations and employer-sponsored migration. He regularly advises clients with complex immigration histories and matters requiring detailed legal submissions and evidence strategy.

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Legal review

Reviewed by Madhab Kharel, Principal Lawyer

Date reviewed: 21 September 2026