Australian Partner visas

Australian Visas Ltd specialise in processing Spouse, De facto and Fiancé (marriage) visa applications to Australia.

Our Australian registered migration agents & expert migration consultants pride themselves on giving honest, reliable Australian immigration advice. We acknowledge not all situations are the same. We give realistic expectations on visa processing procedures and time frames.

Below we compare Australian Partner visas for you to evaluate.

Please complete our Free online assessment if you wish to have one of our experienced Australian registered migration agents contact you, regarding your eligibility to apply for an Australian Partner visa.

Overview - Spouse, De facto, Fiancé (Marriage visa)

The Partner visa category allows married, de facto and interdependent partners (same sex partners) to apply for permanent residence to Australia. The application can either be made while in Australia or off shore. Initially the partner making the application will be granted a temporary 2-year visa, however there is the ability to waive the temporary visa and apply straight away for permanent residence if there is a longstanding relationship (in excess of 5 years or their are children to the relationship).

Under this category there is also a fiancé visa, which allows for temporary residence so the couple can marry in Australia.

The three subclasses of visa under the Partner Visa category are;

•  Prospective Marriage visa
•  Spouse visa
•  Interdependent visa

For all subclasses of Partner Visa you must be sponsored by a person (usually your partner) who is an Australian citizen, Permanent Resident or eligible New Zealand citizen and who satisfy the legal requirement for being a sponsor.

You must also meet the health and character requirement. In addition, an assurance of support may be requested of you and any dependent family member included in the application.

Applicants for a prospective marriage [fiancé (e)] visa must be engaged to marry their sponsor. The marriage must take place after the applicant's first entry to Australia and before the expiration of the visa.

The sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

Genuine relationship requirement -

You must be able to prove:

• You genuinely intend to marry your fiancé (e) within nine months from the date you are granted a visa, and intend to then live with your partner as their spouse; and
• You and your fiancé (e) have met and are personally known to each other.

*The department is satisfied that you and/or your fiancé (e) are due to turn 18 before the end of the period within which the intended marriage is to take place; or

An Australian judge or magistrate has made an order under section 12 of the authorising you to marry your fiancé(e) or vice versa as required,Marriage Act 1961 and that order is in force and the department is satisfied that the marriage will take place.

People applying under the prospective marriage [fiancé(e)] category go through a three-stage process.

The process involves applying for a prospective marriage temporary visa at the first stage, and a spouse temporary visa and spouse permanent visa at the second and third stage.

Stage 1 - Prospective Marriage temporary visa -
This stage involves assessment of your eligibility for a temporary visa based on your application.

You and your spouse may be asked to attend an interview to enable the department to further assess your application.

You will also be asked to undergo a medical examination and provide character clearances.

If you successfully complete the first stage of processing, you will be granted a temporary visa, which will be valid for nine months from when it is granted.

Within those nine months you must travel to Australia, marry your fiancé(e) and apply for the spouse temporary and permanent visas in Australia.

Stage 2 - Spouse temporary visa -
This stage of processing will begin when you apply in Australia for the spouse temporary and permanent visas after your marriage.

You will be required to complete the relevant forms, pay the required charge and provide evidence that your marriage has taken place and is genuine and continuing. You and your spouse may be asked to attend an interview.

If you successfully complete this stage of processing, you will be granted a temporary visa, which will be in effect until a decision is made on your application for a permanent visa.

Stage 3 - Spouse permanent visa -
This stage of processing will begin approximately two years after you lodged your application for spouse temporary and permanent visas and involves an assessment of your eligibility for a permanent visa.

You will be required to provide evidence that the relationship between you and your spouse is genuine and continuing.

If you have lived in Australia for more than one year, you will be required to provide an Australian police clearance.

You may also be required to provide clearances from other countries you have visited since your spouse temporary visa was granted.

You and your spouse may be asked to attend an interview.
If you meet all the requirements, you will be granted a permanent visa.

Spouse visa
Applicants for a spouse visa must be married or in a de facto relationship with their sponsor. The sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

•  You and your spouse have a commitment to a shared life as spouses, whether or not     you are legally married, to the exclusion of all others; your relationship is genuine and     continuing; and
•  You and your spouse live together, or don't live separately and apart on a permanent     basis.
•  Your partner was granted a permanent humanitarian visa and was in the relationship with     you before that visa was granted and this was declared ;to the department at the time; or
•  You can establish compassionate and compelling circumstances - these include having     dependent children from the relationship.

Age requirement -
In Australia, you must be aged 18 years or over to legally marry. A person 16 or 17 years of age who lives in Australia may only marry if they have an Australian court order authorising them to do so.

Stage 1 - spouse temporary visa
This stage involves assessment of your eligibility for a temporary visa based on your application. You may be asked to attend an interview to enable the Department to further assess your application.

You will also be asked to undergo a medical examination and provide character clearances.

If you successfully complete the first stage of processing, you will be granted a temporary visa that will be in effect until a decision is made on your application for the permanent visa, or that application is withdrawn.

Stage 2 - spouse permanent visa
This stage of processing will begin approximately two years after you lodged your visa application and involves assessment of your eligibility for a permanent visa.

There are provisions to waive the two-year wait period. These include:

• where you have been in the relationship with your spouse for five years or more at the time of application; or
• where you have been in the relationship with your spouse for two years at the time of application and where there are dependent children of the relationship; or
• your spouse was granted a permanent visa under the humanitarian program or was granted a protection visa and was in the relationship with you before the visa was granted and this relationship was declared to the department at the time.

At both processing stages, you will be required to provide evidence that the relationship between you and your spouse is genuine and continuing.

If you have lived in Australia for more than one year, you will be required to provide an Australian police clearance.

You may also be required to provide clearances from other countries you have visited since your spouse temporary visa was granted.

You and your spouse may be asked to attend an interview.

IIf you meet all the requirements you will be granted a permanent visa.

De facto Spouse Visa

De facto relationships are recognised where the partners are not legally married to each other, but live in a spouse-like relationship (sometimes known as "common law" spouses). If applying on the basis of a de facto relationship, the partners should have been in the relationship for at least 12 months at the time of application.

1  Polygamous marriages;
2  Marriages between close relatives; and
3  Marriages where one party is under the Australian marriageable age (18). (It is possible     in limited circumstances for a couple to marry lawfully in Australia if they are under 18     years of age if they have an Australian court order allowing them to marry.

Australian Interdependency visa

Interdependent relationships include, but are not restricted to, same-sex couples.

Those who can apply under the interdependent partner category must be at least 18 years old and in an interdependent relationship with their sponsor. The sponsor must be at least 18 years old and be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

Interdependent relationships include, but are not restricted to, same sex couples.

Genuine relationship requirement -

You must be able to prove:

• You and your partner have a mutual commitment to a shared life to the exclusion of any spouse or any other interdependent relationships;
• Your relationship is genuine and continuing;
• You and your partner live together, or don't live separately and apart on a permanent basis; and
• You and your partner have been in an interdependent relationship for a period of 12 months immediately preceding the date of application, unless there are compelling or compassionate circumstances. These include where applicants can establish that cohabitation was not legally permitted in the country in which they had lived during the 12 months.

Application process

People applying in or outside Australia under the interdependent partner category go through a two-stage process. The process involves applying for a temporary visa and a permanent visa on one application form.

The first stage of the process involves the consideration of the temporary visa application. The second stage of the process involves consideration of the permanent visa application.

Stage 1 - Interdependency temporary visa -
This stage involves assessment of your eligibility for a temporary visa based on your application.

You and your partner may be asked to attend an interview to enable the department to further assess your application. You will also be asked to undergo a medical examination and provide character clearances.

If you successfully complete the first stage of processing, you will be granted a temporary visa that will be in effect until a decision is made on your application for the permanent visa, or that application is withdrawn.

Stage 2 - Interdependency permanent visa -
This stage of processing will begin approximately two years after you lodged your visa application and involves assessment of your eligibility for a permanent visa.

If you have been in the relationship with your partner for five years or more at the time of application, there are provisions to waive the two-year wait period.

You will be required to provide evidence that the relationship between you and your partner is genuine and continuing.

If you have lived in Australia for more than one year, you will be required to provide an Australian police clearance.

You may also be required to provide clearances from other countries you have visited since your temporary visa was granted.

You and your partner may be asked to attend an interview.

If you meet all the requirements, you will be granted a permanent visa.

Please complete our Free online assessment if you wish to have one of our experienced Australian registered migration agents contact you, regarding your eligibility to apply for an Australian Partner visa.