Partner Visas

If you are married to, or in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen, your partner may sponsor you for migration to Australia. There are three kinds of Partner Visas.

1. Fiance
   
2. Spouse
   
3. Interdependent (same sex)
   
   

Fiance Visas
If you intend to marry an Australian citizen or permanent resident, you may be entitled to a fiancé visa.

In order to be eligible for a fiancé (prospective marriage) visa, you must:

• Be engaged to an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
  
• Be able to show that your relationship is genuine. This will involve demonstrating that:
  
  1. you genuinely intend to marry your fiancé within nine months from the date you are granted a visa, and intend to then live with your partner as their spouse; and
     
  2. You will need to present evidence of a confirmed date of a marriage date as provided by a recognized authority either in Australia or overseas;
     
  3. you and your fiancé have met and are personally known to each other.
     
• You must be outside Australia when you apply and when you receive your visa.
  
• You will be entitled to full work rights for the duration of the fiancé visa, which is 9 months. Once you are married, you will be eligible to apply for permanent residence through a spouse visa

If you are married to an Australian citizen or permanent resident or have been in a defacto relationship with one for at least 12 months, you may be eligible for a Spouse Visa. You would be sponsored by your spouse for a period of 2 years. After this, if the relationship was still genuine and continuing, you would be eligible for permanent residence.



Spouse/De- Facto Visas
In order to be eligible for a spouse visa, you must meet the following criteria:

• you and your spouse/de-facto have a commitment to a shared life as husband and wife, whether or not you are legally married, to the exclusion of all others;
  
• your relationship is genuine and continuing; and
• you and your spouse live together, or don't live separately and apart on a permanent basis;
• unless you are legally married, you must have been in a spouse relationship for the last 12 months, which involves demonstrating evidence that you have lived together during this period;
• generally, you both need to be aged 18 or over.
• you must pass health and character criteria.

Visa Conditions and Duration
Once your initial application is granted, you will be issued with a Provisional Spouse Visa. This will allow you to stay in Australia for 2 years and you will have full work and medicare rights during this period. After two years, provided you can demonstrate that the relationship is ongoing and genuine, you will be granted Permanent Residence.

In some circumstances, there will be no necessity to wait the 2 year period before applying for permanent residence:

• if you have been in the relationship with your spouse for five years or more at the time of application; or
• if you have been in the relationship for two years where there are dependent children of the relationship;

Interdependency Visas (Same-Sex Couples)
If you have been in an exclusive relationship with your partner for at least 12 months, you may be eligible for an interdependency visa.

Unless the laws of your country prevent you from doing so, you must have been living together for at least 12 months prior to the application. The rules and conditions that apply are the same as with spouse/defacto visas.