# Criteria applicable to de facto partners

> reg-2.03A — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

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.
          (4) Subregulation (3) does not apply if the applicant applies on the basis of being:
               (a) in a de facto relationship with a person who:
                     (i) is, or was, the holder of a permanent humanitarian visa; and
                    (ii) before the permanent humanitarian visa was granted, was in
                         a de facto relationship with the applicant and informed Immigration of
                         the existence of the relationship; or
               (b) in a de facto relationship with a person who is an applicant for a permanent
                   humanitarian visa.







          (5) Subregulation (3) does not apply if the de facto relationship is a registered
              relationship within the meaning of section 2E of the Acts Interpretation Act
              1901.