De facto partner and de facto relationship
reg-1.09A — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

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








                 (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).