Partner visa come into two stages. The first stage is a temporary visa (Subclass 820 for onshore applicants and Subclass 309 for offshore applicants). After a qualifying period (usually after 24 months) being on the temporary visa, applicants will be assessed against the criteria for the permanent partner visa (Subclass 801 for onshore applicants and Subclass 100 for offshore applicants).
Who can apply for an Australian Partner visa and what are the requirements?
- Be married (same/opposite sex) or in a de facto relationship (same/opposite sex) with an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen
- Be in a genuine and ongoing relationship
- Have a mutual commitment to a shared life together to the exclusion of all other
For married relationship:
- Your marriage must be valid under Australian law
- Your relationship is exclusive and you have a mutual commitment to each other
- Live together on an ongoing basis, any separation between you and your partner can only be temporarily
For de facto relationship:
- Your de facto relationship must have existed for at least 12 months immediately before visa lodgement
- Must be older than 18 years of age and not be related to your partner by family
The one year de facto relationship requirement may not apply if the applicant can establish that one of the following circumstances exists:
- You can demonstrate compelling and compassionate circumstances, such as having dependent children
- Your partner has been granted a permanent humanitarian visa and your de facto relationship existed before it was issued, and you told us about the relationship before the humanitarian visa was granted
- Your de facto relationship has been registered in Australia (this is not available in all states and territories)