A Partner visa allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to live and work in Australia.  Initially, the spouse or de facto partner is granted a temporary residence visa. If after a two-year waiting period, the relationship still exists, the spouse or defacto partner is eligible for a permanent residency visa.

A partner visa is available to all couples regardless of whether the relationship is a married, defacto or same sex relationship.

It should be noted that the visa applicant can be either inside Australia or outside Australia at the time the application is made.

Sponsoring Partners

-Married Couples

Married couples are eligible to apply for spouse visas once they have a marriage certificate. It is also a requirement that you live together. If you are married overseas, your marriage must be recognised under Australian law for you to be eligible.

-De Facto Couples (including Same-Sex Couples)

Couples must have been in a de facto relationship for at least 12 months prior to applying. To support a couple’s claim of being in a defacto relationship, couples must provide evidence that their relationship is genuine and continuing, this includes financial, social, emotional and household evidence. It is possible to apply on de-facto grounds if one person is still legally married to a third party (e.g. while awaiting a divorce)

-Relationship Registers

The States of Queensland, Victoria, NSW, Tasmania and ACT all have relationship registers that operate through their Departments of Births, Deaths and Marriages. Couples who register their relationships with one of the State registers are treated similar to married couples in that they do not need to show a 12 months history together. None of the registers will allow you to register your relationship if one party is married to a third party (i.e. awaiting the outcome of a divorce).

-Serial Sponsorship

Australian permanent residents or citizens who were either sponsored themselves for a spouse visa or who have previously sponsored another partner are banned from sponsoring another overseas national for 5 years from their previous application date. There is also a restriction that you can’t sponsor more than 2 overseas nationals on partner visas. Both of these criteria (5 years and 2 sponsorships maximum) can be waived in specific circumstances.

The visa applicant must:

  • Be legally married to an Australian citizen, permanent resident or eligible New Zealand citizen OR, have been in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen for at least 12 months (unless there are compelling and compassionate circumstances).
  • Be in a mutually exclusive, genuine and continuing relationship with their spouse/de facto partne
  • Live with their spouse/de facto partner, or live apart only on a temporary basis.
  • Be sponsored by their partner who is the Australian citizen, permanent resident or eligible New Zealand citizen
  • Meet health and character requirements

The applicant’s sponsor must:

  • Be an Australian citizen, permanent resident or eligible New Zealand citizen
  • NOT have sponsored more than one other fiance, partner or spouse for migration to Australia AND must not have sponsored any fiance, spouse or partner within the last 5 year. These requirements may only be waived if there are compelling circumstances
  • NOT have been sponsored for a Spouse, Partner or Prospective Marriage Visa by someone else within the last 5 years (unless there are compelling circumstances).

For information on your eligibility for a Partner visa, please contact us for a free assessment.