To be able to apply for an Australian Partner Visa you must be either married or in a de facto relationship with your partner at the time when you apply.
Married couples can apply for a spouse visa only after they have obtained their marriage certificate, and they must be living together.
Obtaining a Partner Visa is a two steps process. You apply for both temporary and permanent visa with one application. If you meet the requirements you are granted a temporary visa, which remains valid until a decision is made on the permanent visa. This is usually two years after your visa application is approved. If after this period you and your partner still meet the requirements you are granted a permanent visa.
You can be granted a permanent visa without the two-year waiting period if you can demonstrate that you:
- have been in a relationship or married for five years or more.
- have been in a relationship or married for two years or more and you have a dependent child together.
- your partner was granted a protection or a permanent visa under the humanitarian program and you were in a relationship before the visa was granted.
Onshore applicants will need to apply for the Partner visa (Subclass 820 and 801), whileoffshore applicants will need to apply for the Partner visa (Subclass 309 and 100).
To apply for a Partner visa on the basis of marriage you must be legally married to your partner. If the marriage happened in a country other than Australia it is generally considered legal under the Australian law, with few exceptions such as same-sex marriages and polygamous marriages. Same sex marriages are eligible for partner visa applications only on the basis of de facto relationship.
The eligibility criteria for Partner visa on the basis of marriage are:
- Your partner(sponsor) must be an Australian citizen, permanent resident, or an eligible New Zealand citizen.
- You must be legally married.
- You must show evidence that you and your partner are committed to a life as husband and wife with exclusion of other people.
- You must show evidence of a genuine and continuing relationship.
- You must live together with your partner, or if you are separated show that it is only temporary.
- meet the heath and character requirements.
Evidence of a genuine and continuing relationship
With your visa application, you and your partner must provide a statement regarding the history of your relationship with details such as:
- When, where and how you met?
- How the relationship developed?
- When did you decided to get married?
- Information about your domestic arrangements (how do you support each other financially, physically and emotionally).
- Periods of separation (if any) and how you maintained your relationship during the separation.
- Your future plans.
During the processing of your application you may be asked to provide additional information which may include:
- Your Financial Aspects (evidence that you and your partner share financial commitments and responsibilities, e.g. a joint bank account).
- The nature of the household (evidence that you and your partner share responsibilities within the household).
- The social context of the relationship (how your relationship is perceived by your friends and family).
- The nature of your commitment (knowledge of each other’s personal circumstances and future intentions).