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r 1.05A — De facto partner — Migration Regulations 1994

Migration Regulations 1994 (Cth) r 1.05A Australia Compilation: 2026-03-11 Verified: 2026-05-23

Text of provision

1.05A De facto partner

(1) For the purposes of these Regulations, a person is the de facto partner of another person (the partner) if:

(a) the person is in a de facto relationship with the partner; and

(b) the person is not in a relationship of a kind mentioned in subsection 23B(3) of the Marriage Act 1961 with the partner.

(2) For the purposes of this regulation, a person is in a de facto relationship with the partner if:

(a) the person is not married to the partner; and

(b) the person is not a relative of the partner; and

(c) having regard to all the circumstances of the relationship, the person and the partner have a mutual commitment to a shared life together as a couple to the exclusion of all others; and

(d) the relationship between the person and the partner is genuine; and

(e) the person and the partner have been living together on a genuine domestic basis for at least 12 months.

Source: regulation 1.05A, Migration Regulations 1994. See legislation.gov.au for the authoritative current text.

Plain English

Practical effect

Information only. Nothing on this page is immigration advice or legal advice. Only a registered migration agent (MARN) or Australian lawyer may give immigration advice.

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