Partner Migration Visas Requirements

Partner Migration - Visa Requirements - Spouse (Subclass 820 and 309) / De Facto (Subclass 820 and 309)

This visa type is suitable for the wife, husband or de-facto (including same-sex) partner of an Australian sponsor. There are several requirements that applicants must meet in order to be considered for a Spouse Visa:

Must be of marriageable age:

• If either partner currently resides in Australia, both must have turned 18;
• If neither partner resides in Australia, both must have turned 16;
• Provisions exist for persons between the ages of 16 and 18 to marry under court order.

If married - marriage must be recognised under Australian Law:

• Marriage must be legal in Australia or in country of marriage;
• Marriages NOT recognised include:
  • Arranged or proxy marriages (husband and wife must have physically met before marriage, and live together after marriage);
  • Polygamous marriage;
  • Marriages within prohibited degrees of relationship (generally meaning close family members);
  • Defacto Visa
  • Marriage of convenience;
  • Marriage that is only recognised by custom.

If unmarried – must be in a de facto relationship:

• Live together (or do not live apart on a permanent basis);
• Commitment to a shared life to exclusion of all others;
• Must have lived together for a period of at least 12 months prior to lodging visa application.

This visa can be applied for from within, or outside of Australia.

All relationships will be assessed on a number of factors to determine that the relationship is genuine.

Applicants should be able to:

• Provide evidence detailing mutual commitment – which includes the length of the relationship and time spent living together;
• Provide financial evidence supporting their mutual commitment to their partner;
• Provide evidence demonstrating the social aspects of the relationship, including pictures and the opinions of family and friends about the relationship.

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Partner Migration - Visa Requirements - Fiancé - Prospective Spouse (Subclass 300)

This visa type is suitable for the fiancé of an Australian sponsor.

• Applicants must intend to come to Australia to marry an Australian citizen or Permanent Resident;
• Applicants must have met their Australian sponsor personally, and MUST NOT marry prior to entering Australia;
• There can be no impediment to marrying under Australian Law;
• The plans of the couple to marry should be known by family and friends;
• Applicants must agree to marry within 9 months of entering Australia and will be granted a 9 month Temporary Visa for this purpose.

If the marriage does not eventuate in this time, the visa will NOT be extended the applicant will be required to leave Australia.

This Visa Must be Lodged outside of Australia

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