Partner and Spouse Visa

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 a successful outcome.

To be eligible:

You must either be married, engaged and intending to get married or living together in a de facto relationship. In all partner visa applications, you need to present evidence that you are in a genuine and committed relationship. Applications can be lodged in Australia when the applicant is in Australia (820/801) or if the applicant is overseas (309/100). If lodged in Australia, the applicant can go on a bridging visa and remain in Australia for however long it takes to assess the application. Prospective partner visas, also known as fiancé visas (300), have to be lodged when the applicant is offshore.

Partner visas are two-stage applications. The first stage is an application for a Provisional Visa and the second stage is an application for a Permanent Visa. You can sponsor up to two overseas partners in your life with each application having to be at least 5 years apart.

How Does The Partner Visa Work 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.
• 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?

Once the assessing officer is satisfied that you are in a genuine relationship and you meet all the other criteria, 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.  You can submit documents for a permanent visa two years after the initial application lodgement. Provided you can demonstrate that the relationship is ongoing and genuine, you will be granted Permanent Residence visa.

In certain circumstances, such as if at the time of a partner visa application lodgement you have been married or living in a de-facto relationship for three or more years, or you have a child from the relationship you may be granted provisional and permanent visas at the same time.

If You Are Offshore And Plan to 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 and demonstrate 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?

• Once the assessing officer is satisfied that you are in a genuine relationship, and you meet all the other criteria, you will be issued a Prospective Marriage visa (subclass 300).
• You will have to marry your sponsor within 9 months from the date when that visa is granted. Once married, within 9 months from the date of a subclass 300 visa grant, you will be allowed to lodge an application for an onshore partner visa (820/801). You will have to be in Australia at the time of application lodgement and when a decision is made on your application.
• Once the assessing officer is satisfied that you are in a genuine relationship, and you meet all the other criteria, you will be issued a Provisional Partner Visa that allows you to remain in Australia.
• The provisional partner visa lasts as long as it takes for a decision to be made on the Permanent Visa.
• Two years from the lodgement date of the Provisional Partner Visa, you can submit documents for the permanent residence stage. Provided you can demonstrate that the relationship is ongoing and genuine, you will be granted Permanent Residence visa.
• In certain circumstances, such as if at the time of a partner visa application lodgement you have been married or living in a de-facto relationship for three or more years, or you have a child from the relationship you can be granted provisional and permanent visas at the same time.

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, that is living under the same roof, 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. If there has been any separation, it must only be temporary, such as for business travel or overseas family commitments for the visa applicant.

What happens next?

• Once the assessing officer is satisfied that you are in a genuine relationship, and you meet all the other criteria, you will be issued a Provisional Partner Visa that allows you to either remain in Australia if the application was lodged onshore or come to Australia if lodged offshore.
• The provisional partner visa lasts as long as it takes for a decision to be made on the Permanent Visa.
• Two years from the lodgement date of the Provisional Partner Visa, you can submit documents for the permanent residence stage. Provided you can demonstrate that the relationship is ongoing and genuine, you will be granted Permanent Residence visa.
• In certain circumstances, such as if at the time of a partner visa application lodgement you have been married or living in a de-facto relationship for three or more years, or you have a child from the relationship you can be granted provisional and permanent visas at the same time.

If You Have Been In A De Facto Relationship For Less Than 12 Months:

• If you and your partner have not been in a de facto relationship for 12 months immediately prior to lodging your application, you can still lodge an application for a partner visa for Australia.
• 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, all states and territories, except Western Australia and Northern Territory, have the prescribed regulations. Eligibility for registration also differs depending on the state or territory.
• You and your partner must show a mutual commitment to a shared life to the exclusion of all others. This involves demonstrating a range of evidence about your relationship, such as financial pooling, being recognised as a couple by others and the nature of your household.
• You and your partner must be living together under the same roof or show a strong intention of going to live together.

What happens next?

• Once the assessing officer is satisfied that you are in a genuine relationship, and you meet all the other criteria, you will be issued a Provisional Partner Visa that allows you to either remain in Australia, if the application was lodged onshore or come to Australia, if lodged offshore.
• The provisional partner visa lasts as long as it takes for a decision to be made on the Permanent Visa.
• Two years from the lodgement date of the Provisional Partner Visa, you can submit documents for the permanent residence stage. Provided you can demonstrate that the relationship is ongoing and genuine, you will be granted Permanent Residence visa.
• In certain circumstances, such as if at the time of a partner visa application lodgement you have been married or living in a de-facto relationship for three or more years, or you have a child from the relationship you can be granted provisional and permanent visas at the same time.