Checklist for Partner Visas

Posted on Jan 19, 2017 by Richard Hardy   |   Categories: Immigration Law

Under Australian immigration law there are two possible visa categories of sponsoring your de-facto partner, fiancé, or husband/wife for a visa to Australia. These categories are, either a Partner Visa or Prospective Marriage visa.

To assist you and your partner to take the right path, see the below checklist to get you started:

Partner VisaProspective Marriage
  • The application may be lodged inside or outside of Australia
  • Wherever the application is lodged, the visa applicant must be in the same location for a decision to be made*
  • The application must be sponsored by an Australian citizen, Australian permanent resident or eligible New Zealand citizen  (sponsor)
  • The visa applicant and sponsor must be able to show that they are in a Partner relationship, by either (1) living together in a de-facto relationship for a period of 12 months; (2) being in a married relationship; (3) registering their de-facto relationship
  • In addition to marriage or registration the visa applicant and sponsor must also show their commitment to social, household and financial aspects of their lives
  • The visa applicant must meet health and character requirements
  • The sponsor must meet character requirements
  • Dependent members of the family unit may be included
  • A successful visa applicant is initially granted a temporary Partner visa and is eligible to be granted a permanent visa 2 years after the application date
  • The application must be lodged outside of Australia and the visa applicant must be outside of Australia for a decision to be made
  • The application must be sponsored by an Australian citizen, Australian permanent resident or eligible New Zealand citizen (sponsor)
  • The visa applicant and sponsor must be engaged to be married
  • A notice of intention to marry must be obtained by a celebrant, priest or other relevant person
  • In addition to the engagement, the visa applicant and sponsor must also show their commitment to social, household and financial aspects of their lives
  • The couple must have met each other in person
  • The visa applicant must meet health and character requirements
  • The sponsor must meet character requirements
  • Dependent members of the family unit may be included
  • Once the visa is granted and the visa applicant enters Australia, the intended marriage must occur within 9 months
  • Following marriage, Partner visa may be applied for (see criteria left)

* If the application is lodged inside Australia, the visa applicant should hold a substantive visa (ie. if the person holds a Bridging Visa or is unlawful) without a condition 8503, no further stay attached to it AND if the person does not hold a substantive visa for Australia, you must submit compelling or compassionate reasons for the visa being granted

If you would like further advice on the best Australian visa option for you and your partner, please call Baker Love Lawyers on +61 4944 3322.