Sponsoring a Partner to Australia

Eligibility Criteria for an Australian Partner Visa

Applying for a partner visa requires both the sponsor (an Australian citizen, permanent resident, or eligible New Zealand citizen) and the applicant to meet specific requirements. Below are the principal criteria:

• Relationship Status: You must be either married to or in a de-facto relationship with your sponsoring partner. For de-facto relationships, you and your partner must have been in a relationship for at least 12 months prior to applying, unless your relationship is registered under state or territory law.
• Personal Connection: You and your partner must have met in person and have known each other since you both turned 18.
• Genuine and Continuing Relationship: The relationship must be real, ongoing, and intended to continue. The Department of Home Affairs will assess the genuineness of your relationship based on several factors, including financial interdependence, social recognition, the nature of your household, and your commitment to each other.
• Health and Character Requirements: Both the visa applicant and any dependent family members included in the application must meet Australia’s health and character standards. Even family members not migrating to Australia may be required to meet health and character criteria.
• Visa Status: If you are already in Australia, you must hold a substantive visa to apply for a partner visa onshore (Subclass 820/801). Applicants holding certain visas with “No further stay” conditions may not be eligible unless they are granted a waiver in limited circumstances.

Types of Partner Visas

The Australian partner visa program offers several options, depending on the applicant’s circumstances and location:

• Who Can Apply: Applicants in Australia holding a substantive visa. In limited circumstances, holders of a birding visa or unlawful non-citizens can apply satisfying Schedule 3 criteria or its waiver provisions.
• Application Requirements: You must be in Australia at both the time of application and when the visa is decided.
• Bridging Visa: While your partner visa is being processed, you will often be granted a Bridging Visa A, which typically allows you to work and access Medicare.

• Who Can Apply: Applicants outside Australia.
• Application Requirements: You must be outside Australia when you apply, but you may be granted the visa while in Australia.

If you are a partner of a New Zealand citizen residing in Australia, you may be eligible for a special category temporary visa based on your relationship.

Who Can Apply: Individuals intending to marry their Australian partner.

Key Requirements:

• You and your fiancé must have met in person and known each other since you both reached age 18.
• Your fiancé must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
• You are engaged and intend to marry within nine months of the visa grant.
• You are in a genuine relationship, living together or intending to do so as spouses, and both must be over 18.
• Both parties must meet health and character requirements.

Key Aspects Considered in Assessing the Relationship

The Department of Home Affairs evaluates several aspects of the relationship to determine its authenticity:

• Financial Aspects: Shared financial responsibilities, joint bank accounts, shared bills, or joint ownership of assets.
• Social Aspects: Evidence of the relationship recognized by friends, family, and the community, such as invitations, joint travel, or photos together.
• Nature of Household: Living arrangements, sharing household duties, or evidence of cohabitation.
• Nature of Commitment: Correspondence, plans for the future, or testimony about the ongoing nature of the relationship.

Application Process and Stages

Australian partner visas are processed in two stages, primarily to safeguard against fraudulent or non-genuine relationships

If your relationship at the time of application is less than three years in duration, you will first be granted a temporary (provisional) visa. This allows you to live, work, and study in Australia with multiple re-entry rights and access to Medicare.

Two years after lodging your initial application, you must apply for the permanent partner visa. At this stage, the Department will reassess your relationship to confirm its ongoing nature. If the relationship has broken down in the interim, the permanent visa may not be granted unless special circumstances apply (such as family violence or the death of the sponsor).

Including Family Members

When applying for a partner visa, you can include members of your family unit, such as dependent children. You are required to provide details of every family member in your application, regardless of whether they are migrating to Australia. Family members who are migrating must also meet health and character requirements, and even non-migrating family members may be asked to meet certain health and character standards.

“No Further Stay” Conditions

If you hold a visa with a “No further stay” condition, you are generally ineligible to apply for a partner visa within Australia. However, in certain limited situations, you may apply for a waiver of this condition. It is crucial to verify your current visa status and seek advice if you are unsure.

Sponsoring a partner to Australia through a partner visa is a significant step that requires careful planning, meticulous documentation, and a thorough understanding of the requirements. By ensuring your relationship meets the Department’s criteria and preparing a comprehensive application, you can maximise your chances of a successful outcome. Remember, each case is unique, and expert guidance can be invaluable in navigating this complex process. For the best results, consider consulting with our qualified and experienced migration agent before you begin your application journey.