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Partner Migration

Spouses

Fiancés

Interdependent Partners

 

 

Spouses

This is a visa for husbands, wives or de facto partners of Australian sponsors. People applying in or
outside Australia for permanent residence as a spouse go through a two-stage process, although
only one application is necessary. Both the application for a temporary visa and that for a permanent visa are made together on the same form.

At both stages of the process, the Department of Immigration and Multicultural and Indigenous
Affairs (DIMA) must be satisfied that the parties are in a genuine spouse relationship.

De facto spouses must have been in the relationship for at least 12 months immediately before
lodging their application.

Usually the permanent visa cannot be granted less than two years from the date of application.
However, in certain limited circumstances, it is possible for a permanent visa to be granted in less
than two years, for example, where the relationship is long-term at the time of application.
Long-term is defined as five years, or two years if there are children (excluding step-children) of the relationship.

For Spouse visa applications lodged after 1 April 2006, partners will not become eligible for the permanent visa until two years after their temporary visa has been granted, and the couple must have lived together for at least a year since the temporary visa was granted.

For more information see DIMA Fact Sheet 30: Family stream Migration - Partner.
A booklet which includes application forms for all Partner visas can be downloaded for free
or purchased from a DIMA office.

You will need the Adobe Reader, version 4 or later, on your computer. For help with using PDF
click here.

Fiancés


If you are engaged to be married to an Australian citizen, permanent resident or eligible New Zealand citizen and wish to marry that person in Australia, you will need to obtain a Prospective Marriage visa

It is a requirement of a Prospective Marriage visa that the parties have met each other in person.

Fiancé(e)s who apply successfully for a Prospective Marriage visa receive a temporary visa which is
valid for nine months from the date of the visa grant. They must travel to Australia and marry their
sponsor within that period and, if they wish to, then apply for a Spouse visa.

If all legal requirements are met, applicants will be granted a temporary Spouse visa, followed by a permanent Spouse visa if the relationship is still continuing at the end of two years after lodging the Spouse visa application.

For Spouse visa applications lodged after 1 April 2006, the permanent visa can only be granted two years after the temporary visa has been granted, and the couple must have lived together for at least a year since the temporary visa was granted.

People already in Australia on temporary visas are unable to extend their stay in Australia by
applying for a visa as a fiancé(e). There is no visa category available to cover this situation.

For more information see DIMA Fact Sheet 30: Family stream Migration - Partner.
A booklet which includes application forms for all Partner visas can be downloaded for free
or purchased from a DIMA office.

You will need the Adobe Reader, version 4 or later, on your computer. For help with using PDF
click here.

 

Interdependent Partners

Interdependency visas are for people who have an interdependent relationship (usually same sex)
with an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

The relationship must be genuine and continuing and involve a mutual commitment to a shared life together. The people must also be living together and must not have a spouse or other
interdependent partner.

People applying in or outside Australia for permanent residence on interdependency grounds go
through a similar two-stage process as spouses (see above) and are also covered by one application.


Interdependency applicants must have been in the relationship for at least 12 months immediately
before lodging their application. In certain limited circumstances, provisions exist for the permanent
visa to be granted in less than two years. One example is where the relationship is long-term at the
time of application. This is defined as five years.

For more information see DIMA Fact Sheet 30: Family stream Migration - Partner. A booklet
which includes application forms for all Partner visas can be downloaded for free or purchased
from a DIMA office.

You will need the Adobe Reader, version 4 or later, on your computer. For help with using PDF
click here.

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Last update: 6/08/10

LEGAL DISCLAIMER
The information on this website is not a substitute for legal advice.
If you have legal questions about a case, you should seek assistance from RAILS or another registered migration agent. Immigration law is constantly changing and no responsibility is taken for the accuracy of any information that may appear on this or any linked websites.

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