Australian Partner Visas

If you are in a relationship with an Australian Citizen, Permanent Resident or an eligible New Zealand Citizen you may be able to apply for an Australian Partner Visas. The Australian Partner Visa allows you to live, work, and study in Australia and has numerous other benefits.

The Application Process

Applying for an Australian Partner Visa

Visa Types

Applying for an Australian Partner Visa is a very lengthy, nuanced and often costly process. It is important that you apply for the appropriate visa and meet the eligibility requirements at the time of application.

There are a different options and pathways to Australian Partner Visas, depending on your circumstances. Potential Applicants of an Australian Partner Visa will need to determine their appropriate Visa Subclass.

Eligibility

Once you determine the appropriate Partner Visa for your relationship, you will need to know the details of that particular visa. However, in general, to be eligible for any Australian partner visa, you must:

  • Be married or engaged to be married or be in a de facto relationship (regardless if same sex or different sex) with an Australian citizen or Permanent Resident or an eligible New Zealand Citizen;
  • Have a genuine relationship;
  • Be committed to a shared life together;
  • Be in an exclusive relationship;
  • Live together, or not separately on a permanent basis;
  • Be over 18, or have parental consent if 16 or 17 (marriages under 16 are not valid in Australia)
  • Be of good health and character; and
  • Not have debts to the Australian Government.

Evidence

Depending on the type of subclass you are applying for and your individual circumstances, you will need to provide sufficient evidence to prove to immigration that you meet the requirements of a Partner Visa. In general, you will need to provide:

  • Evidence of your Identity
  • Evidence of your commitment
  • Evidence that you live together, or not permanently apart
  • Evidence that you share in your finances
  • Evidence that you present yourselves to the public as being in a relationship
  • Evidence of your Health and Character
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Explaining the Different Australian Partner Visas

This video runs through some of the different options to keep your partner in Australia. We will discuss the Onshore Partner Visa, Offshore Partner Visa, NZ Citizen FamilyMember 461, Prospective Marriage Visa and also including your partner onto your current visa.

Tips for Submitting a Successful Partner Visa Application

  1. Know the details of the appropriate visa subclass.
  2. Start establishing evidence of your relationship. There are minimum time requirements in many cases.
  3. Save money for the application fees. These visas can be very expensive and there are not payment plans. Your application will not be accepted until full payment is made.
  4. Give yourself enough time to apply for the visa. It can take several months to gather the relevant information and evidence.
  5. Provide great evidence. You need to provide clear and in-colour evidence, translated to English by an Accredited Translator
  6. Do not provide originals if not required. You may not get it back.
  7. Get copies of evidence certified when required. Copy/save your entire application before submitting it in case you need to apply again.
  8. Review the appropriate Application Forms far in advance to gather relevant information.
  9. Have someone else review your Application, ensuring critical information is correct
  10. Make sure you and your partner provide matching information, especially for dates.
  11. Provide true, accurate and complete information. Immigration will cross-reference information provided and untrue, inaccurate, or incomplete information may cause delay or even refusal.
  12. Keep immigration updated if you change address, phone number or email to be sure you do not miss any correspondences or requests.
  13. Do not submit your application unless you are certain you meet the criteria and have submitted a complete Application. You do not get your money back if your application is refused. Immigration does not consider evidence that would not have been available at the time of application.
  14. Know your rights and conditions while you wait for a decision. Depending on the visa you apply for, your travel to/from Australia may be restricted. Know these restrictions before travel plans.
  15. Consult a Registered Migration Agent. Many people will offer their personal advice and experiences, but each case is different and relying on advice from anyone but a Migration Agent or the Department of Home Affairs is usually unreliable.

Frequently Asked Questions

Please note the information given below is a general overview and not specific to any one situation. To fully determine your eligibility it is recommended that you talk to Immigration or a Registered Migration Agent. You can book in for a consultation with a Pathway to Aus Registered Migration Agent through this link.

I have previously been married/in a de facto relationship. Can I still Sponsor or be Sponsored for a Partner Visa?

Yes, but you will need to show that the previous relationship is over. Australia does not recognize most polygamous relationships/marriages.

I or my spouse is under 16 years age. Will I be able to apply for a Partner Visa?

No. Australia does not recognize marriages when any spouse is under 16.

My partner and I have not lived together for 12 months. Do I meet the requirements?

Maybe. If you are married or have registered your relationship in Australia, you may be able to overcome 12 month living together requirement.

My partner and I are in a same-sex relationship. Can we apply for a Partner Visa?

Yes! Love is love in Australia and the requirements for same-sex relationships are the same as for different-sex relationships.

I have a substantial criminal history. Can I still apply for a Partner Visa?

Maybe. There are certain criminal offenses that might bar you from applying for a Partner Visa.

Is it better to apply online or in paper?

Either. It is entirely up to you, whichever you prefer. Please note, in some cases, you may be required to apply online or in paper.

Can I travel internationally while I await a decision?

Maybe. It will depend on the type of visa you apply for. If you are applying from inside Australia, you may need a Bridging Visa B to be able to re-enter the country.

Do I need to provide police checks?

Yes. All Applicants and Sponsors will need to provide police checks for any country where they have lived for at least 12 moths.

Do I need to undertake a health examination?

Yes. The Applicant will likely need to undertake a health examination. Immigration will request this.

Can I speed up the processing time of my Partner Visa Application?

Not really. The only way to speed up the processing time of your application is to provide great evidence, complete and accurate application forms and to respond to any requests in a timely manner.

How can I register my relationship?

Depending on which state you live in, you can register your relationship here:

 

New South Wales: https://www.bdm.nsw.gov.au/Pages/marriages-relationships/relationship-register.aspx
At least one partner must live in New South Wales. It will take 28 days to receive your certificate after you have registered your relationship.

Victoria: https://www.bdm.vic.gov.au/marriages-and-relationships/register-a-domestic-relationship
At least one partner must live in Victoria. It will take 28 days to receive your certificate after you have registered your relationship.

Queensland: https://www.qld.gov.au/law/births-deaths-marriages-and-divorces/marriage-weddings-and-civil-partnerships/civil-partnerships/registering-a-civil-partnership
At least one partner must live in Queensland. It will take at least 10 days to receive your certificate after you have registered your relationship.

South Australia: https://www.sa.gov.au/topics/family-and-community/births-deaths-and-marriages/register-a-relationship
At least one partner must live in South Australia. It will take 28 days to receive your certificate after you have registered your relationship.

Australian Capital Territory: https://www.accesscanberra.act.gov.au/app/answers/detail/a_id/1694#!tabs-2
Completed on paper application.

Tasmania: https://www.justice.tas.gov.au/bdm/significant
Both partners must live in Tasmania. It will take 28 days to receive your certificate after you have registered your relationship.

Western Australia: N/A for Migration Purposes

Can I work while I wait for my visa application to be processed?

Maybe. Your current substantive visa rights and conditions will continue to apply until a decision has been made on your application. Check VEVO if you are unsure of your rights in Australia.