Australian Partner Visa Requirements

To be eligible for an Australian partner visa, you must:

• be either married or in a de facto relationship with an Australian citizen/permanent resident or New Zealand resident currently living in Australia

• Live together for at-least 12 months with your de facto partner (if applying under de-facto partnership pathway) unless exemptions apply

• not have a visa canceled or an application refused

• Not hold a SC 491 or SC 494 regional visa

• meet health and character requirements.

The Partner Visa (Subclass 820 and 801) is a temporary visa that allows you to live in Australia with your partner. You have to already be in Australia and want to stay with your partner to apply for this visa.
The two stages of this visa are temporary and permanent, which means that there are different requirements for each stage of the process. The initial stage requires you to be able to prove that:

• You have been living together for at least 12 months (this includes time spent apart)

• You have met all other eligibility criteria

The Prospective Marriage Visa (Subclass 300) is a temporary visa that allows you to enter Australia and remain for 9 months. You must have an intention to be married to an Australian citizen or permanent resident, and you must be able to prove this by providing:

• A notice of intention to marry

• This document can be obtained from an Australian marriage celebrant

• Obtain evidence that demonstrate the following:

  • you have a mutual commitment with your spouse to the exclusion of all others

  • your relationship is genuine and continuing

  • you either live together or do not live permanently apart

  • you have co-mingled financial commitments with each other

  • your relationship is socially known

  • you are not related by family

• Make the visa application under the appropriate stream

• Pay the Department of Home Affairs application fee

• Respond to any requests for further information sought by the department after lodgment of the visa

You will need to provide the following documents:

• Police clearance certificate. If you have lived in Australia for more than 12 months, a police check is required. You will also need to provide a police check from all countries where you have lived for more than 12 months since turning 16 years of age

• Undergo a health examination before your visa can be granted

• Provide evidence of your marriage or de facto relationship as mentioned above.

In conclusion, the Australian partner visa program provides an ideal opportunity for couples to reside together permanently in Australia. The visa program is highly complex with multiple different options for consideration. Contact us today to get expert guidance on the best pathway towards permanent residency!