Partner visas allow individuals who are spouses and partners – including same sex partners – of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to migrate to Australia.
In other words, partner migration is available to:
- married partners
- de facto partners (including those in a same-sex relationship).
Visas can be applied for in Australia (an onshore visa application), or outside Australia (an offshore visa application).
These visas are often a 2-stage process, with a provisional Partner visa being granted initially. Two years after the provisional visa has been granted the Department of Immigration will make contact to confirm the relationship is still genuine and ongoing – if all is well a permanent residency visa will be granted.
Applicants must be married or in a de facto relationship with:
- an Australian citizen
- an Australian permanent resident
- an “eligible New Zealand citizen”
The relationship must be genuine and ongoing, and a visa applicant must live with his/her partner. If not living together, any separation must be only temporary.
In the case of married applicants the marriage must be valid under Australian law. Underage, polygamous and same-sex marriages are not legal in Australia.
Same-sex couples can apply for a Partner visa based on their de facto relationship.
In the case of de facto couples the relationship must have existed for at least 12 months before you apply for this visa – or for less than 12 months if:
- The relationship has been registered in a State or Territory of Australia. Note that the requirements for the registration of a relationship vary between the States and Territories
- Compelling and compassionate circumstances can be shown, such as having dependent children
- The visa applicant’s partner has been granted a permanent humanitarian visa, the de facto relationship existed before it was granted, and the Department of Immigration was told about the relationship before the visa was granted
Time spent dating – ie as boyfriend/girlfriend – does not count towards a de facto relationship.
Dependent children can be included in a Partner visa application.
The documentation that is submitted to confirm the genuine and ongoing nature of the relationship will vary between applications, and guidance may be required from an experienced advisor to improve the likelihood of a Partner visa being granted.
GM Family – a division of Go Matilda Visas – is your ideal partner for guidance and advice on a family visa strategy.
We work with our clients on the basis of fixed fees, and a wish to have a long term relationship based on our expertise, trust and a quality service.
If you are in a relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, and would like help with an Australian visa application please contact your nearest GM Family office or complete the form on this page for a no obligation free initial discussion.
We look forward to hearing from you.
