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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.

  • Am I Eligible for a Partner Visa?

    Just answer a few questions, provide your contact details and we will tell you if you may be eligible for a Partner Visa.

The Application Process

Applying for an Australian Partner Visa
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Visa Types

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Eligibility

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Evidence

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.

Who are “Eligible New Zealand Citizens”?

An eligible New Zealand citizen is someone who:

  • holds an Australian permanent residence visa, or
  • holds or is eligible to hold a SCV Subclass 444.

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
This may include your:

  • Foreign Passport
  • Birth Certificate

In general, your Sponsoring Partner must provide their:

  • Australian Passport or
  • Australian Permanent Resident Visa or
  • New Zealand Passport
Evidence of your commitment
  • Marriage Certificate
  • Civil Partnership Certificates
  • Birth Certificates of Children You Have Together
  • Please note: If you were previously married or in a de facto relationship, you will need to provide evidence that the former relationship has ended.
  • Internal link: Sponsoring a Partner or Spouse If I’ve Previously Been Married or in a De Facto Relationship (to draft)
Evidence that you live together, or not permanently apart
  • Joint Mortgage
  • Joint Tenancy/Lease Agreements
  • Joint Utilities Notices
  • Please note, if you are claiming a De Facto relationship, you must prove that you have lived together for at least 12 months. There are some exceptions to this rule and ways of overcoming this requirement.
Evidence that you share in your finances
  • Joint Bank Account Statements
  • Joint Purchases of Assets of Property
  • Joint Ownership of Assets or Property
Evidence that you present yourselves to the public as being in a relationship
  • Statutory Declarations from Friends and Family
  • Joint Travel Tickets
  • Some Photos Together
  • Joint Invitations
Evidence of your Health and Character
In addition to proving evidence that your relationship meets the criteria for the grant of a Partner Visa, you will need to prove that you meet the health and character requirements. For instance, you will need to:

  • Provide Specified Police Checks for any country where you’ve lived for 12 months or more
  • Undertake Medical Examinations

Please note: Police Checks and Medical Examinations are typically only valid for 12 months.

Please be aware that this is not a complete list. The evidence you will be required to submit with your application varies depending on your individual circumstances. Providing insufficient evidence may result in delays in processing or in refusal. To ensure you provide the best evidence, contact us or book a consultation now.

15 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

In case you don’t find an answer to your question, feel free to consult with one of our agents.

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.

Partner Visas

To learn more about the specific Partner Visa that applies to you, please choose from the following

820/801: Australian Partner Visa

For Applicants applying for a Partner Visa from Inside Australia and the Sponsor is an Australian Citizen or Permanent Resident.

309/100: Australian Partner Visa

For Applicants applying for a Partner Visa from Outside of Australia and the Sponsor is an Australian Citizen or Permanent Resident or an Eligible New Zealand Citizen.

300: Prospective Marriage Visa

For Applicants applying for a Partner Visa from Outside of Australia with the intention to be married to an Australian Citizen or Permanent Resident or an Eligible New Zealand Citizen.

461: New Zealand Citizen Family Relationship Temporary Visa

For Applicants applying for a Partner Visa from Inside or Outside of Australia and the Sponsor is an Eligible New Zealand Citizen.

Get in touch

In case of questions, feel free to reach out to one of our experienced Registered Education and Migration Agents.

Contact details

Give us a call

Australia: 0755 265 900
Argentina: (11) 3799-3217
New Zealand: 0800 886071
United Kingdom: 02039 483 865

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WhatsApp: +61481812092

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2575 Gold Coast Highway,
Mermaid Beach, QLD, 4218
Partner Visa was last modified: November 7th, 2019 by Nick Yock
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