The Partner visa allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to enter into or remain in Australia. The spouse or de facto partner is initially granted a temporary visa, and is eligible for a permanent residency visa if the relationship still exists after a two-year waiting period.
If you are engaged to an Australian citizen, permanent resident or eligible New Zealand citizen, and you wish to travel to Australia for your marriage, you may be eligible for the Prospective Marriage visa, which allows fiances/fiancees to enter Australia in order to get married. Following your marriage you may then be eligible for the Partner visa, provided you meet the requirements listed below. Please click here for more information about Prospective Marriage visa.
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 (unless there are compelling and compassionate circumstances)
- be at least 18 years old
- not be closely related.
In all cases:
- you and your spouse/partner must be in a mutually exclusive relationship
- the relationship must be genuine and continuing
- you and your spouse/de facto partner must either live together, or live apart on a temporary basis only.
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
- not have sponsored a fiancé, spouse or partner within the last 5 year (unless there are compelling circumstances)
- provide police checks to the department when requested
- consent to the department disclosing any conviction for a "relevant offence" to the applicant(s) you are sponsoring.
Your sponsorship will not be approved if you have a conviction for a relevant offence and a substantial criminal history. A relevant offence includes, but is not limited to offences involving violence, intimidation, breaching a protection order, people smuggling, human trafficking and weapons. Please contact us for further information.
If your application is successful you will be granted a two-year visa that allows you to live and work in Australia. At the end of this two-year 'waiting period', you will generally be granted a permanent Partner visa, provided you are still living together (or apart only on a temporary basis) in a mutually exclusive, genuine and continuing relationship with your spouse/de facto partner.
If you and your spouse/de facto partner have been in a relationship for more than three years (or you have children together and have been in a relationship for more than two years) the Department of Immigration and Border Protection may waive the normal two-year waiting period.