Subclass 190 Partner Documents 2026: De Facto 12-Month Rule and Evidence
How the de facto 12-month rule applies to Subclass 190 partner documents, what registration changes, and how to evidence a genuine relationship.
If you are including a de facto partner in a Skilled Nominated visa (Subclass 190) application, you must show one of two things: that the relationship is registered with an Australian state or territory, or that you have been in a de facto relationship for at least 12 months before you apply. Registration is an alternative to the 12-month period, not an alternative to the relationship test itself — married and de facto applicants alike must show the relationship is genuine and continuing. This follows the Department of Home Affairs' Skilled Nominated visa (Subclass 190) page, as at the July 2026 official page.
Married or de facto: is the relationship test the same for both?
Not quite. Both categories must show a genuine and continuing relationship, but de facto partners carry an extra threshold. A married applicant provides a marriage certificate; a de facto applicant has to clear the registration-or-12-months gate first.
The official partner document list asks for four things: identity documents and photos, character documents, a marriage certificate where applicable, and documents about other relationships where applicable. On top of that, the page states plainly that for both married and de facto applicants, evidence of a genuine and continuing relationship must be provided. Marriage removes the need to prove duration. It does not remove the need to prove the relationship is real and ongoing.
Can registering the relationship replace the 12 months?
Yes, on the face of the published criteria. The de facto requirement is expressed as an either/or: either evidence that the relationship is registered by an Australian State or Territory, or enough documents to prove you have been in a de facto relationship for at least 12 months before you apply.
Note the qualifier — the registration route described on the page is registration by an Australian state or territory. The page does not address registrations made overseas, so if your relationship is registered outside Australia, treat the position as unconfirmed and check the official page for the current wording rather than assuming the exemption applies.
When does the 12-month clock stop — invitation or application?
The wording is "at least 12 months before you apply", so the reference point is the date you lodge, not the date you were invited and not the date you submitted your Expression of Interest.
That distinction matters because of the lodgement deadline. Once invited, you have 60 calendar days to apply, and the Department states it cannot extend that time. A couple who reached, say, ten months of living together at the moment of invitation cannot wait out the remaining two months — the deadline forces lodgement first. Where the 12 months is close, the practical options are to look at whether registration is available in your state or territory, or to plan the invitation timing around the anniversary rather than the other way round.
The page does not set out how temporary periods apart are treated within that 12 months, so avoid assuming either that a break is fatal or that it is automatically excused.
What actually proves a genuine and continuing relationship?
The Department's list is illustrative, not a checklist. It says evidence "can include but is not limited to":
- joint bank account statements
- billing accounts in joint names
- joint leases or mortgages
- documents that show your partner has lived at the same address as you
Because the standard is "genuine and continuing", the useful question to ask of any document is not "does this prove we live together?" but "does this show a shared life over time?" A single lease signed last month establishes cohabitation today; a run of statements, bills and correspondence addressed to both of you at the same address across the period shows something closer to what the criterion is asking for. Where evidence exists only at one point in time, add whatever else covers the earlier months.
This article describes how the published criteria are framed and is general information only — it is not advice on your circumstances, and where your situation is unusual or the evidence is thin, the official page and a qualified professional are the reference points.
What if you don't have joint finances?
Joint accounts are one example among several, not a requirement. The fourth item on the list — documents showing your partner has lived at the same address as you — is the one that does the most work for couples who keep their money separate. Correspondence, tenancy records, and official documents addressed to each of you at the same address over the same period can carry that element on their own.
What else is on the partner document list?
Beyond relationship evidence, a partner included in the application needs identity documents and photos, and character documents. Character is assessed for family members aged 16 and over who apply with you.
Separately, the relationship documents section requires proof if you are or have been married, widowed, divorced or permanently separated — divorce documents, death certificates, separation documents or statutory declarations. Where a previous relationship ended informally and no court document exists, a statutory declaration is the mechanism the page names.
When a partner or child is not included
If your partner or dependent children are not included in the application, you must tell the Department the reason why — for example, that they already hold Australian citizenship or are a permanent resident. Silence is not an option here; the page asks for the reason explicitly.
Non-accompanying family members are not simply outside the system either. Family members who are not coming to Australia must still meet the character requirement and might have to meet the health requirement.
What if your evidence is incomplete when you lodge?
Do not count on being asked. The Department states it might request more information, but that it is not obliged to do so and may make a decision on your application without requesting more documents. Documents you did not attach at lodgement should be attached as soon as possible through ImmiAccount.
That asymmetry is the whole argument for front-loading relationship evidence: a request for more information is discretionary, a decision without one is permitted.
What if your relationship status changes after you apply?
You must tell the Department. Changes to marital or de facto status are listed among the things you need to report after applying, alongside changes to your phone number, email, address or passport, and the birth of a child.
Family can also be added after lodgement but before a decision is made, using Form 1436 (Adding an additional applicant after lodgement), paying through ImmiAccount and attaching the form with supporting documents. Those family members must meet the health and character requirements. Since a partner in the application is assessed against the partner document requirements, it is safer to have the relationship evidence assembled before you need it rather than after.
Frequently asked questions
Do de facto partners always need 12 months of living together?
No. The requirement is expressed as an either/or: either the relationship is registered by an Australian state or territory, or you provide enough documents to prove at least 12 months in a de facto relationship before you apply. Meeting one branch satisfies that limb of the test.
Does de facto registration remove the genuine and continuing requirement?
No. The page states that both married and de facto applicants must provide evidence of a genuine and continuing relationship. Registration addresses the duration question; it does not substitute for evidence that the relationship is real and ongoing.
Can we count the 12 months from our invitation date?
The published wording is "at least 12 months before you apply", so the lodgement date is the reference point. Since you have 60 calendar days from invitation to apply and that period cannot be extended, timing the invitation to fall after your 12-month anniversary is usually easier than trying to close a shortfall after the invitation arrives.
Is a joint bank account enough on its own?
It is one listed example, not a full answer. The Department's list of evidence is explicitly non-exhaustive, and the criterion is a genuine and continuing relationship — one document type rarely speaks to both the "genuine" and the "continuing" elements on its own.
Does my partner need to meet the English or points requirements?
The page sets competent English and a 65-point threshold as requirements for the applicant. It does not list an English language or points requirement for an accompanying partner; the documents it specifies for a partner are identity, character and relationship evidence.
My partner is not applying with me — do I still need to mention them?
Yes. You must tell the Department the reason your partner is not included, such as already holding Australian citizenship or permanent residency. Non-accompanying family members must also meet the character requirement and might have to meet the health requirement.
We married after lodging the application — what now?
Report it. Changes to marital or de facto status are among the changes you must tell the Department about after you apply. A marriage certificate would then also become part of the relationship evidence, alongside whatever de facto evidence was lodged originally.