Partner Visas: Spouse and De Facto
The Partner visa covers both Spouse and De Facto relationships with Australian Citizens or Permanent Residents, or eligible New Zealand Citizen. Although the requirements of Partner Visa for De Facto Partners are different to Spouse, they are considered under the same subclass as spouse partners.
In addition to the Partner Visa, a Prospective Marriage visa is available to people who intend to marry and live with their partner who is an Australian citizen/permanent resident or eligible New Zealand citizen.
Spousal relationship
- You and your partner are married, and that marriage is recognised in Australia
- You both have a mutual commitment to a shared life as spouses to the exclusion of all others
- The marriage relationship is legal, genuine, and continuing
- You live with the other person or do not live separately and apart on a permanent basis. It is important to prove the couple’s domestic arrangement and common responsibilities.
De Facto relationship
- The couple are not married
- Each individual is committed to the other, i.e. in a stable, long-term relationship
- The relationship has been established and is genuine
- You both live together on a permanent basis
- You are not related
- The relationship must, in most cases, have existed for at least 12 months before filling the application. It is important to remember that any time considered dating or spent in an online relationship does not count towards the 12 months and is not recognized as a De Facto Relationship
- If the relationship has existed for less than 12 months, you may still be eligible for a de facto partner visa
The Partner Visa is usually a two-stage process, the first of which is a temporary visa. This allows you to live in Australia with your partner but does not grant you permanent residency status. Usually, two years after your visa application, you will be eligible to apply for a permanent partner visa.
There are two subclasses of the permanent Partner Visa, which include:
- Subclass 820/801: This subclass is designed for applicants who are willing to apply for a partner visa (spouse or de facto) while they are inside Australia (onshore).
- Subclass 309/100: This subclass is designed for applicants who are willing to apply for a partner visa (spouse or de facto) while the they are outside of Australia (offshore).
Both subclass visas allow the holder to live, work and study in Australia, sponsor family members to come to the country (if they are eligible) and potentially apply for Australian citizenship.
Same sex relationship is recognised in Australia and applicants in same sex relationship should meet the same criteria for Partner visas and Prospective Marriage visa.
What benefits can you get with this visa?
- You can work and study without special restrictions
- Travel in and out of Australia
- You may be eligible to become an Australian citizen
- You can have access to some government services, such as Medicare or English classes
- You can sponsor eligible family members to become permanent residents
Contact us for more information.