Partner Visas

A partner visa includes de facto relationships and married couples

Are you thinking about applying for a partner visa? We’re experts in all visa types and have a lot of experience with partner visas including same sex couples. It’s important to know that being in a relationship is just the beginning and being able to demonstrate the criteria necessary is crucial to the strength of your application.

This list summarises the visa sub-classes available:

• Partner visa (provisional – subclass 820) and permanent (subclass 801)
• Partner visa (provisional – Subclass 309) and permanent (Subclass 100)
• Prospective marriage visa (Subclass 300)

The Partner visa (Provisional) is the first stage towards a permanent partner visa. You lodge only one application for your temporary and permanent visas but your application is processed in two stages, about two years apart.

Partner Visa Relationship Requirements

If your application is based on a marriage:

• you must be legally married to an Australian citizen, permanent resident or eligible New Zealand citizen

If your application is based on a de facto relationship:

• you must have been in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen for at least 12 months prior to lodging your application (unless there are compelling or compassionate circumstances)
• you and your partner must both be at least 18 years old (and must not be related)

In all cases:

• you and your spouse/partner must be in a mutually exclusive relationship;
• that relationship must be genuine and continuing
• you and your spouse/partner must either live together, or live apart on a temporary basis only

Partner Visa Sponsors

The sponsor is the person in the relationship who is eligible to sponsor the non-Australian and must;

• be an Australian citizen, permanent resident or eligible New Zealand citizen
• not have previously sponsored more than one other fiancé, partner or spouse for migration to Australia, and not have sponsored anyone within the last 5 years (unless there are compelling circumstances)
• not have been sponsored for a Spouse, Partner or Prospective Marriage Visa by someone else within the last 5 years (unless there are compelling circumstances)

Prospective Marriage Visa Requirements

Photo by Florent Vidal

You and your fiancé(e) must:

• be at least 18 years old, and not be closely related
• be free to marry one another
• genuinely intend to get married within nine months of the visa grant date (the marriage may take place either in Australia or overseas)
• have physically met, and be personally known to each other
• genuinely intend to live together as a married couple

Your sponsor must:

• be an Australian citizen, permanent resident or eligible New Zealand citizen
• not have previously sponsored more than one other fiancé, partner or spouse for migration to Australia, and not have sponsored a fiancé, spouse or partner for migration to Australia within the last 5 years (unless there are compelling circumstances)
• not have been sponsored for a Spouse, Partner or Prospective Marriage visa by someone else within the last 5 years (unless there are compelling circumstances)