Immigration Lawyers and Immigration Agents in Sydney, Parramatta and Melbourne

Partner / Spouse / De Facto Visa Australia

Are you married, engaged or living with an Australian citizen, permanent resident or NZ citizen? Are you in need of a visa that will allow you to enter Australia and stay with your spouse or partner? If yes, then get in touch with our team that consists of some of the most ambitious Immigration Lawyers and agents will guide you to collect all the paperwork required and meet the requirements for the grant of a partner visa.

Prospective Marriage or Fiancé Visa

Prospective Marriage Visa (subclass 300), also known as the Fiancé visa allows you to come to Australia to marry your fiancé. It is a temporary visa valid for 9 months, during which your marriage and onshore partner visa lodgement must take place.

To meet the criteria for the visa, you must:

  • Be outside of Australia when the application is lodged
  • Have met your partner in person since you both turned 18
  • Not be related to your partner
  • Be engaged and have plans to get married within 9 months of the visa grant
  • Intend to live together as spouses after you are married

Partner visa (onshore or offshore)

Partner visa, commonly known as the Spouse visa or De facto visa can be lodged in Australia if you hold a valid visa without restrictions (subclass 820/801) or outside Australia (subclass 309/100).

If you are not your married to your Australian partner, your de-facto relationship must exist for at least 12 months (unless you register your relationship).

Your eligibility to apply for the Partner visa will depend on the specific circumstances of your relationship. As a guide, the following categories will be assessed:

  • Financial evidence: The visa applicant is required to submit proof of joint bank accounts, financial commitments including mortgages, leases, insurance policies, and/or paperwork proving joint ownership of a property.
  • Social evidence: The visa applicant is required to prove they have participated in joint activities with their partner, including travel, social activities, participation in sports or cultural activities, etc. They must deliver 2x 888 statutory declarations from their Australian family and friends.
  • Cohabitation evidence: The visa applicant is required to prove they live with their partner on a permanent basis. The evidence includes correspondence addressed to the visa candidate and their partner at the same address.
  • Commitment to each other: If the visa applicant has lived apart from their partner, they are required to provide proof of contact during this time.

The main visa requirement is that you and your partner have a genuine and continuing relationship and a mutual commitment to a shared life to the exclusion of all others.

You must first be granted the temporary partner visa before being assessed for your permanent partner visa (2 years from lodgement), however, this requirement may be waived if your relationship is a long-standing one which can fast-track your permanent residency.

Benefits of the partner visa include:

  • working in Australia without any limits
  • studying in Australia
  • travelling outside Australia without any limits
  • accessing up to 510 hours of free English language tuition provided by the Adult Migration English program
  • enrolling in Medicare

NZ family relationship visa

The New Zealand Citizen Family Relationship visa (subclass 461) is a temporary visa that allows you to live and work in Australia for up to five years. You may be eligible to apply if you are a family member of a New Zealand (NZ) citizen.

To be eligible for 461 visa you must meet the following requirements:

  • Not be a New Zealand citizen.
  • Be a member of the family unit of a New Zealand citizen, namely be married or in a de-facto relationship for at least 6 months prior to lodgement of the visa
  • Meet certain health and character requirements.

In addition to the above, your NZ family member must:

  • Not be an Eligible NZ citizen.
  • Be living in Australia on a Special Category visa (SCV) subclass 444, or will be travelling to Australia with you and be eligible for a subclass 444 visa on their arrival.

To find out more about the partner visa application process, contact our immigration lawyers and agents today in ParramattaSydney and Melbourne. Certain specifics depend on the case itself, and for this reason we urge you to get in touch for a free no obligation consultation. Our immigration lawyer or immigration agent will provide advice based on your individual situation and introduce you to the process that is ahead of you.

Free Case
Appraisal

Leave us a message and we'll call you back!


Law Society