If you are married or in a de facto relationship with an Australian partner (an Australian citizen, permanent resident or an eligible New Zealand citizen), you can consider applying for the Partner Visa to live in Australia. This application can be made in or outside Australia.
Partner visa applicants must:
- have a mutual commitment to a shared life together, to the exclusion of all others
- have a genuine and continuing relationship
- live together or not live separately and apart on a permanent basis.
Married couple (man and wife) must show evidence that their marriage is valid under the Australian law. De facto partners must provide evidence that their relationship has been ongoing for at least the last 12 months before the application is made and they are not related by family.
Partner Visa is assessed in two stages namely a provisional visa (309 / 820) which is valid for two years in the first stage and a permanent visa (100 / 801) after two years at the second stage. Different evidence is required at the two different stages of the visa application. The period of the two stages of the visa also varies depending on the circumstances of the relationship.
A partner visa applicant may be able to include certain members of their family unit in their application.
Who is eligible:
- At least 18 years of age
- Married to or in a de facto relationship with an Australia citizen, permanent resident or an eligible New Zealand citizen.
- Your marriage must be valid under Australian law or
- Your de facto relationship must have existed for at least 12 months before the visa application and you are not related to your partner as family.
- At least 18 years of age
- Your partner in the married or de facto relationship
- An Australian citizen, permanent resident or an eligible New Zealand citizen
Limitations on sponsorship
A sponsor who has previously sponsored a partner or prospective marriage visa applicant cannot sponsor another partner or prospective marriage visa applicant until at least five years have passed since the first application was made.
A person who themselves were granted a partner or prospective marriage visa is also prevented from sponsoring a partner or prospective marriage visa applicant until at least five years have passed since they made their own visa application.
A person may sponsor two partner or prospective marriage visa applicants in total.
The sponsorship limitations referred to above may be waived if the sponsor has compelling circumstances affecting them. These include but are not limited to situations where:
- the previous fiancé or partner has died or left the relationship, leaving young children
- a new relationship is formed that is long-standing or involves dependent children of the relationship.