Partner Visa can be applied for onshore or offshore and you will either need to be married or be in a de facto relationship for 12 months. Couples must supply information to demonstrate the nature of their relationship to show that it is genuine and continuing. This includes financial, social, emotional, household evidence and commitment to each other.
Generally the partner visa is granted a 2 year temporary visa and at the end of the 2 year period, if the relationship is still ongoing a permanent visa is granted. For couples with children or for those who have been in a long term relationship over 3 years, you will be eligible for a permanent visa without waiting for the 2 year period.
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. In a married relationship, you and your partner must show a mutual commitment to a shared life as husband and wife to the exclusion of all others.
De facto relationship generally require you to live together and include heterosexual and same-sex couples for at least 12 months before applying. Couples, who cannot show a 12 months history together can register their relationship with one of the State relationships registers (in QLD, VIC, NSW, ACT and TAS) is exempt from the 12 months requirement to live together prior to applying. Please note that it is also possible to apply on de-facto grounds if one person is still legally married to a third party (e.g. while awaiting a divorce)
Couples that wish to bring their fiancé to Australia to get married can apply for the Prospective Marriage Visa. Applicants must agree to marry within 9 months of entering Australia and will be granted a 9 month temporary visa for this purpose. You need to apply for the onshore partner visa stated above before this visa expires. The applicant must be at least 18 years old and you must have met your intended spouse in person and know him or her personally. This must be the case even if it is an arranged marriage, you and your sponsor met as children and the marriage was arranged before you turned 18 years of age or you met on the internet (exchanging photographs is not evidence of having met in person).
Partner visa applications can be lodged in Australia or overseas. The Fiancé visa must be lodged overseas at the Embassy responsible for the applicant's usual country of residence.
Sponsor who have sponsored another partner or Sponsor themselves were sponsored for a partner visa is banned from sponsoring another partner within 5 years. In addition, the sponsor is only allowed to sponsor 2 partners in a lifetime and must be 5 years apart on each application. Both of these criteria can be waived in specific circumstances and we have the expertise and experience to seek waivers for these circumstances.
Stay in Australia with your partner, work in Australia, study in Australia (with full government funding when applied for permanent partner visa) and enrol in Australia's medical benefits expenses and hospital care scheme, Medicare (when applied for partner visa).
We can determine whether you meet the criteria for Partner visa. We have extensive experience in preparing de-facto evidence which satisfies DIAC’s requirements for this visa. We also have full knowledge of which states allow registration of relationships and the specific requirements of each state.