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Family Migration - Partners

Australian citizens, Australian permanent residents or eligible New Zealand citizens may sponsor their partners to stay permanently in Australia. Partners include:

  • married partners

  • people who are in a ‘de facto’ relationship

  • interdependent partners (including those in a same-sex relationship).

  • people who intend to get married [fiancé(e)s]

Eligibility – Married Partners

  • your marriage must be legal under Australian law

  • you must have an eligible sponsor

  • you must have a genuine and ongoing relationship with your partner and show a mutual commitment to living together as husband and wife to the exclusion of all others.

  • you must meet health and character requirements

Eligibility – De Facto and Interdependent Partners

  • you and your partner must have been in a de facto or interdependent relationship for at least 12 months immediately prior to lodging the application.

  • you must have an eligible sponsor

  • you must have a genuine and ongoing relationship with your partner and show a mutual commitment to living together in a relationship akin to marriage to the exclusion of all others.

  • you must meet health and character requirements

Eligibility – Fiancé(e)s

  • you must genuinely intend to marry your fiancé(e)

  • you must have an eligible sponsor

  • you must be of the opposite sex to your partner

  • you must intend to live with your partner as husband and wife.

  • you must have met your intended spouse in person (as adults) and know him or her personally

  • you must meet health and character requirements

Evidencing Your Relationship

In all cases, both the applicant and the sponsor will be asked provide evidence of a genuine and continuing relationship and commitment to each other. Both parties must provide a statement or statutory declaration describing the history of the relationship and include details of how you met, how the relationship developed, your future plans and how you support each other emotionally or financially.

All relationships are different and we can advise you on the type of evidence you should provide in support of your application.


Partner Visa Options

The visa subclass you apply for will depend on whether you are inside or outside Australia at the time of application and brief details of the visa options are below.

If you are in Australia

Spouse Temporary Visa (subclass 820) and Permanent Visa (subclass 801)
For people who are in a genuine married or de facto relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Permanent residency may be granted after 2 years if the relationship is ongoing.


Interdependency Temporary Visa (subclass 826) and Permanent Visa (subclass 814)
For people who are in a genuine interdependent or same-sex relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Permanent residency may be granted after 2 years if the relationship is ongoing.

If you are outside Australia

Spouse Temporary Visa (subclass 309) and Permanent Visa (subclass 100)
For people from overseas who are in a genuine married or de facto relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Permanent residency may be granted after 2 years if the relationship is ongoing.

Prospective Marriage Visa (subclass 300)
For people from overseas to enter Australia to marry their fiancé(e). The sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Once married, holders of this visa can then apply to remain permanently in Australia.

Interdependent Temporary Visa (subclass 310) and Permanent Visa (subclass 110)
For people from overseas who are in a genuine interdependent or same-sex relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Permanent residency may be granted after 2 years if the relationship is ongoing.


*Note* - some circumstances may affect your eligibility to apply for a partner visa or sponsor a partner. Please contact us to check your eligibility.


     
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