Visa Categories Partner Visa

If you are in a relationship with an Australian Citizen or Australian Permanent Resident, or Eligible New Zealand Citizen then you can consider applying for a Partner or Spouse Visa.

There are three categories of Partner Visa to consider when migrating to Australia. They are the Spouse (Marriage), Spouse (Defacto) - including Interdependent or same-sex relationships, and Fiancé Visa.

To be eligible to apply for a Partner Visa the applicant must be able to prove one of the following:

  • They are legally married to an Australian citizen or permanent resident or eligible New Zealand Citizen;
  • They have been in a defacto relationship (residing together as a married couple) with an Australian Citizen or permanent resident, or eligible New Zealand Citizen, for a period of at least 12 months immediately preceding lodgement of the application;
  • They are formally engaged to be married to an Australian citizen or permanent resident (or eligible NZ Citizen) and be free to marry that person.

Most Partner applications work in two stages and unless you have been in your de facto relationship or married for 3 years, or you have been in a de facto relationship/married for 2 years and have children together; the initial visa granted is a "temporary" or "provisional" visa only.

This means that most Spouse Visa holders are temporary residents for two years, and then go through second stage processing which is when the permanent visa is granted.

Fiancé Visas go through a three step process – the first part is lodged offshore and once granted the applicant must make an entry to Australia and will have 9 months to marry their sponsor. Once they are married and before the Fiancé Visa expires, the Spouse (Marriage) Visa must be lodged. Fiancé visa holders have full work and travel rights.

Temporary Spouse Visa holders are entitled to work in Australia, have multiple travel rights and will have access to Medicare. The two step process is the Department's way of safeguarding against people who are not genuine and you should also be aware that if the relationship breaks down before the 2 years is up the permanent application may not be approved unless certain circumstances apply.

All partner applications are judged on the genuineness of the relationship and you will need to show that you are in long term, committed relationship with each other.

If you are applying on the basis of your de facto relationship, you must be able to show with documentation that you have been living together for at least 12 months immediately before applying.

Even if you are married you would ideally still need to show at least 6 months of a committed relationship and that you live together. The exception to this would be the Fiancé visa and culturally arranged marriages.

If you have only known each other for a short time then any application you lodge will most likely be rejected.

Free Visa Assessment
    Testimonials      Sitemap