Australia visa applications can be complex. Using the services of a Registered Australian Migration Agent can ensure that your Australia visa application is valid and increase your chances of a successful Australian Visa Application outcome.
Partner Visas, Spouse, De facto visa
This visa type is suitable for the wife, husband or de-facto partner of an Australian sponsor. There are several requirements that applicants must meet in order to be considered for a Spouse Visa:
If married - marriage must be recognized under Australian Law:
- Marriage must be legal in Australia or in country of marriage;
- Marriages NOT recognized 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);
Same sex marriage (may be considered for De Facto Visa);
Marriage of convenience;
Marriage that is only recognized by custom.
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 unmarried - must be in a de facto relationship:
- Live together (or do not live apart on a permanent basis);
- Commitment to a shared life as husband and wife to exclusion of all others;
- Must have lived together for a period of at least 12 months prior to lodging visa application.
Where to apply for this visa
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 and continuing-
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
Same-sex couples:
The Australian Government has introduced changes to remove discrimination against same-sex couples and their children from Commonwealth law.
These changes extend the department's recognition of same-sex couples and their children for migration and citizenship purposes, resulting in same-sex de facto partners having the same rights and responsibilities as opposite-sex de facto partners.
Prospective Spouse (Fiancé)
This visa type is suitable for the fiancé of an Australian sponsor. There are several requirements that applicants must meet in order to be considered for a Prospective Spouse Visa:
- Applicants must be intending 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 and the applicant will be required to leave Australia.
The Prospective Spouse (Fiancé) Visa application must be lodged outside of Australia.
For more information, please submit a detail query with any relevant attachments for review. Our Australian Migration agent will be able to review your circumstances and advise you on eligibility and visa options, or request you provide more information if necessary.