Partner Visa for Married Couples

Partner Visa for Married Couples

The sponsor (you or your partner) must be an Australian citizen or permanent resident, or an eligible New Zealand citizen, in order to sponsor your partner.

There are certain circumstances where the sponsor may not be able to sponsor the partner, for example, if the sponsor has sponsored another partner before in the last 5 years.

If you are married:

• If your partner is applying for the Partner Visa in Australia, his/her current visa conditions must not prevent him/her to make an application for a Partner Visa onshore.
• The 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 under the de facto or relationship registration category.
• 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.

What happens next if lodged onshore or offshore?

• If lodged onshore, your sponsored partner will be issued with a Bridging Visa to keep them in Australia lawfully once the visa they are on expires while waiting for the partner visa to be assessed;
• If lodged offshore, your sponsored partner will need to wait in their home country until the visa is assessed which will be by the offshore Australian post;
• Your sponsored partner will be issued a Temporary Partner Visa, valid until a decision is made on his/her permanent visa, which is usually two years after the initially applied.
• After two years, provided you and your partner can demonstrate that the relationship is ongoing and genuine; your partner will be granted Permanent Residence.
• In certain circumstances the two-year period can be waived, such as if you and your partner have been married or living in a de-facto relationship for three or more years, or you have a child from the relationship.


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