Partner, Spouse & Prospective Marriage Visas

Visa Migration Options

 

There are three current types of partner visas.

We love these special visa applications.

Making sure that everything is carefully prepared for you is so important.

Our specialist partner visa team is there to work with you from beginning to the visa decision. It’s designed by our team to be a step by step process to make sure everything is as stress free as possible. All your personal information is managed with great care and efficiency, wherever you are in the world.

Partner visas are complex. You will be in knowledgeable hands with our team. It is so important to get this application ‘right’.

The time involved to prepare and receive a decision, the significant cost of Immigration Department fees, and the large amount of personal information that must be correctly provided really makes it worthwhile to put your application in professional hands with a team that cares about outcomes for you.

There are currently three kinds of partner visas.

They all allow applications from individuals who have an Australian citizen, or an Australian permanent resident or eligible New Zealand citizen partner.

Partners or fiances must have met in person, and be aged over 18 to be granted a visa that allows the partner to live, work, study, and receive Medicare benefits in Australia.

Partner (Spouse or DeFacto) Visa Offshore Application

(Non Australian Partner-the Applicant is currently living outside Australia and likely the Australian partner-the Sponsor is also)

When the visa applicant (the non Australian partner) is either legally married or  in a de facto relationship with the sponsor (the Australian/eligible partner) – i.e. living together as a married couple or in a de facto relationship for a period of at least twelve (12) months immediately prior to lodging the application, and is not living in Australia, and most likely, they are living together outside of Australia.

This is a two stage process:

  1. A temporary visa is granted first, with full work and travel rights and access to Medicare.
  2. Two years after applying for the temporary visa, a Permanent Residency visa is processed (unless special circumstances apply, such as the relationship ending prior to the two years, and in that case the permanent application may not be approved unless certain circumstances apply).

The application is decided on the ‘genuineness’ of the relationship. Applicants are required to prove that they are in a long term, committed relationship with their sponsor. You can do this in a number of ways by providing documents showing that you have a shared life and a mutual commitment, covering four main areas that affect the assessment:

  • Financial aspects of relationship – i.e. sharing of funds and assets;
  • Shared household – i.e. living together;
  • Social aspects – i.e. family and friends recognising the applicant and sponsor as a couple; and
  • Nature of the commitment – i.e. how the couple view the relationship and their plans for the future.

Partner (Spouse or DeFacto) Visa Onshore Application

(Non Australian Partner – the Applicant is currently in Australia and the Australian partner-the Sponsor is also)

This is where the applicant is either married to the sponsor or is in a de facto relationship with the sponsor – i.e. living together like a married couple for a period of at least twelve (12) months immediately prior to lodging the application. (Note that this twelve month period may be waived if the relationship has been registered as a Civil Union or Partnership – currently recognised in Queensland, Australian Capital Territory, New South Wales, Victoria, and Tasmania only). This is a two stage process:

  1. A temporary visa is granted first, with full work and travel rights and access to Medicare.
  2. Two years after applying for the temporary visa, a Permanent Residency visa is processed (unless special circumstances apply). If the relationship ends before the two years, the permanent application may not be approved unless certain circumstances apply.

The application is decided on the ‘genuineness’ of the relationship. Applicants are required to prove that they are in a long term, committed relationship with their sponsor. This is done by providing documentation showing that they have a shared life and mutual commitment, covering four areas of assessment:

  • Financial aspects of relationship – i.e. sharing of funds and assets;
  • Shared household – i.e. living together;
  • Social aspects – i.e. family and friends recognising the applicant and sponsor as a couple; and
  • Nature of the commitment – i.e. how the couple view the relationship and their plans for the future.

Fiance /Prospective Marriage Visa (Non Australian Fiance is outside Australia) Offshore Application

(Non Australian Fiance/prospective marriage Partner-the Applicant is currently living outside Australia and the Australian partner-the Sponsor is sponsoring them to come to Australia)

This is for the visa applicant who is engaged to be married to their sponsor. It is important that you have met in person when you are both over 18 years of age, and are legally able to marry. Some relationships begin on the internet, but you will always need to have met in person. The prospective marriage visa is the first application when you are planning to marry and while the non-Australian fiancé is still outside Australia.

Once the prospective marriage visa is granted, the applicant has nine (9) months to enter Australia, marry their sponsor, and then lodge the next Partner (Marriage) visa application stage.

During the nine month visa period from the time you arrive in Australia, you have full work rights, and this is an ideal time to help settle into the Australian community and way of life.

Fiancé visa applicants are not expected to show evidence of a shared household as in the other types of partner visas, because you are starting your shared life together in most cases. However, any documentation you do have would strengthen an application.

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