AUSTRALIAN Partner Visa

Australian visa for partners: A new life together

You and your partner feel that you are made for each other and have decided that you want to spend your life together.
The excitement of moving to a new country can be overshadowed by the stress and uncertainty of the visa process for your partner in Australia. Our expertise can help ensure you fulfil the necessary requirements for successful processing.

How The Partner Visa Works In Australia?

Your partner must be an Australian citizen or permanent resident, or an eligible New Zealand citizen, in order to sponsor you. 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.

You must either be married, engaged, in a registered relationship, or a de facto relationship.

If You Are Married:

• If you are applying in Australia, your current visa conditions must allow you to make an application for a partner visa onshore.

• 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 under the de facto 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?

You will be issued a Provisional Partner Visa that allows you to come and stay in Australia, valid until a decision is made on your permanent visa, which is usually two years after you initially applied.

• 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 three or more years, or you have a child from the relationship.

If You Are Engaged To Be Married

You must be able to legally marry according to Australian law, and you must be outside Australia at the time of application and decision.

• Your fiancé must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

• You will need to be able to show that your relationship is genuine by 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 marriage date as provided by a recognised marriage authority, either in Australia or overseas, and that you and your fiancé have physically met and are personally known to each other.

What happens next?

You will be issued a Prospective Marriage Visa. This visa is valid for nine months.

• Following your marriage, and before the Prospective Marriage Visa expires, you will need to apply for a Partner Visa, which will allow you to remain in Australia. This Partner Visa will then be a pathway to permanent residency.

If You Have Been In A De Facto Relationship For 12 Months Or More:

• If you are applying in Australia, your current visa conditions must allow you to make an application for a partner visa onshore.

• 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 under the same roof, or if not, any separation must be only temporary.

What happens next?

• After two years, provided you can demonstrate that the relationship is ongoing and genuine, you can apply for Permanent Residence.

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

If You Have Been In A De Facto Relationship For Less Than 12 Months Or It 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 for Australia under certain circumstances e.g. if you have your relationship registered.

• The 12-month 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. Currently only Victoria, Tasmania, New South Wales and ACT have the prescribed regulations. Eligibility for registration also differs depending on the state or territory.

• The 12-month 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.

What happens next?

• You will be issued a Provisional Partner Visa, valid until a decision is made on your permanent visa, which can be applied for two years after you initially applied for the partner visa.

• After two years from the lodgement date of the partner visa you can lodge the permanent partner visa, provided you can demonstrate that the relationship is ongoing and genuine. It takes approximately 17 – 24 months from then to be granted Permanent Residence.

What This Visa Lets You Do

• stay in Australia indefinitely

• enrol in Medicare, Australia’s scheme for health-related care and expenses

I WANT AN

Employer Sponsorship Visa

I AM A

Skilled Person & Want to Live and Work in Australia

I WANT TO

Sponsor My Partner or Parents

I WANT A

Student Visa or Graduate Visa

I WANT TO

Start a Business or Invest in Australia

Regardless of the reason, and complications thereof, our experienced immigration consultants are versed with the latest regulations, policy changes, opportunities and trends to provide the most feasible solution.

Talk to us today. We'd love to hear from you.
info@australiamigrate.com
Email us directly
AustraliaMigrate Suite 302B, 3rd Floor, 282 Victoria Avenue, Chatswood NSW 2067 Australia
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