Partner Visas

You and your partner feel that you are made for each other and have decided that you want to spend your life together in Australia.
Not only is it a huge step for you to give up your friends and family in your home country to move permanently to a foreign country , but now you also have to worry about a visa.

Probably you have heard the sentence: “If you want stay in Australia or come to Australia, marry your Australian boyfriend / girlfriend!” more than a million times by now. However you feel that this is not the right step for you at this point in time and you are wondering if there are different options as you don’t want to marry only for the visa.

It might also be that you are already married and now you are wondering what it takes for you to come to Australia or stay in Australia.

Australia has different types of partner visas and depending on your personal situation you should apply under the most appropriate visa category.

Do I qualify for a Partner Visa?

The following is a brief overview of Partner Visas:

Your partner must be an eligible Sponsor

In order to be able to sponsor your partner must be an Australian citizen or permanent resident, or an eligible New Zealand citizen. There are certain circumstances where your partner may not be able to sponsor you, for example if he or she has sponsored another partner before in the last 5 years.

Your relationship must meet the Requirements of the Department of Immigration and Citizenship

In order to apply for a partner visa you have to live in a relationship which meets the requirement of the Department of Immigration and Citizenship.
In order to qualify you must live in one of the following relationships (please click on the different options to find out more):

Spouse
Fiancé
De-Facto Partner (de-facto relationship has existed for twelve months)
De-Facto Partner (de-facto relationship has not existed for twelve months or cannot be evidenced)

a)Spouse

If you and your partner are married generally the following requirements must met:

Applicant eligibility

Generally you must be eighteen years or over.
You must meet the health in character requirements.
You must not have a debt to the Australian Government and have not made satisfactory arrangements to repay the debt.
Furthermore if you are applying in Australia your current visa situation must allow you to make an application for a partner visa onshore. Please note that even if you do not hold a substantive visa and have had a visa refused or cancelled since your last entry to Australia (other than a visa cancellation or refusal on character grounds or a Partner visa refusal) you may be able to make a valid partner application in Australia.

Relationship requirements

Your marriage must be legal under Australian Law. If you were married in a country other than Australia and that marriage is valid in that country, generally it will be recognised as valid under Australian law.
There are some exceptions, such as same-sex, underage or polygamous marriages, which are not accepted in Australia. However a same-sex relationship can qualify you for a partner visa as a de-facto relationship (Link to de-facto visa).
You and your partner must show a mutual commitment to a shared life as husband and wife to the exclusion of all others.
You and your partner must be living together or, if not, any separation must be only temporary.
You must also have a genuine and continuing relationship with your partner.

What happens next?

Once your initial application is granted, you will be issued with a Temporary Partner Visa. This visa remains valid until a decision is made on your permanent visa, which is usually two years after you initially applied for your visa. After two years, provided you can demonstrate that the relationship is ongoing and genuine, you will be granted Permanent Residence.

In certain circumstances the two year period can be waived such as if you have been married or living in a de-facto relationship for 3 or more years or you have a child from the relationship.

b)Fiancée

If you and your partner are engaged generally the following requirements must met:

Applicant eligibility

You must be able to legally marry according to Australian law. This means you must be aged 18 years or over. If you are aged 16 years or over but less than 18 years, you must have an Australian court order allowing you to marry your intended spouse, or you must both be of marriageable age at time of the intended marriage.
Your fiancé in Australia can be aged under 18 years if they have an Australian court order allowing them to marry you. In these circumstances, their parent or guardian must be your sponsor and they must be an Australian citizen, a permanent resident or eligible New Zealand citizen aged 18 years or over.
You must be outside Australia at the time of application and decision.
You must meet the health in character requirements.
You must not have a debt to the Australian Government and have not made satisfactory arrangements to repay the debt.

Relationship requirements

Be engaged to an Australian citizen, Australian permanent resident or eligible New Zealand citizen of the opposite sex.
Be able to show that your relationship is genuine.

This will involve demonstrating that:

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. 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.
You and your fiancé have met and are personally known to each other. This requirement is not met if you and your partner have never met in person, but only communicate via internet.

What happens next?

Once your application is granted, you will be issued with a prospective marriage visa. This visa remains valid for 9 months after the grant of the visa.
Following your marriage, and before the Prospective Marriage visa expires you will have to apply for a Partner visa, which will allow you to remain in Australia. This partner visa will then be a pathway for permanent residency.

c)De-Facto Partner (de-facto relationship has existed for twelve months)

Applicant eligibility

Generally you must be eighteen years or over.
You must meet the health in character requirements.
You must not have a debt to the Australian Government and have not made satisfactory arrangements to repay the debt.
Furthermore if you are applying in Australia your current visa situation must allow you to make an application for a partner visa onshore. Please note that even if if you do not hold a substantive visa and have had a visa refused or cancelled since your last entry to Australia (other than a visa cancellation or refusal on character grounds or a Partner visa refusal) you may be able to make a valid application in Australia.

Relationship requirement

You and your partner must have been in a de facto relationship for the entire 12 months immediately prior to lodging your application.
You and your partner must show a mutual commitment to a shared life to the exclusion of all others.
You and your partner must be living together or, if not, any separation must be only temporary.
You must also have a genuine and continuing relationship with your partner.

What happens next?

In certain circumstances the two year period can be waived such as if you have been living in a de-facto relationship for 3 or more years or you have a child from the relationship.

d)De-facto Partner (de-facto relationship has NOT existed for twelve months or cannot be evidenced)

If you and your partner have not been in a de facto relationship for the entire 12 months immediately prior to lodging your application you might still be eligible for a partner visa under certain circumstances i.g. if you have your relationship registered.

Applicant eligibility

Generally you must be eighteen years or over.
You must meet the health in character requirements.
You must not have a debt to the Australian Government and have not made satisfactory arrangements to repay the debt.
Furthermore if you are applying in Australia your current visa situation must allow you to make an application for a partner visa onshore. Please note that even if you do not hold a substantive visa and have had a visa refused or cancelled since your last entry to Australia (other than a visa cancellation or refusal on character grounds or a Partner visa refusal) you may be able to make a valid application in Australia.

Relationship requirement

As you and your partner have not been in a de facto relationship for the entire 12 months immediately prior to lodging your application you will have to give the Department of Immigration and Citizenship a reason why you should be granted a partner visa.

The twelve months period can be waived if you have registered your relationship under a law of a state or territory prescribed in the Acts Interpretation (Registered Relationship) Regulations 2008 as a kind of relationship prescribed in those regulations. Currently only Victoria, Tasmania, New South Wales and ACT have the prescribed regulations. Eligibility for registration also differs depending on the state or territory. If you consider registration of your relationship should check with the relevant state or territory Births, Deaths and Marriages agency for further information or contact us and we will be happy to assist you further.
The twelve months requirement also may be waived under certain other circumstances, for example when you can demonstrate compelling and compassionate circumstances.

You and your partner must show a mutual commitment to a shared life to the exclusion of all others.
You and your partner must be living together or, if not, any separation must be only temporary.
You must also have a genuine and continuing relationship with your partner.