Do you know what is required to apply for a visa to remain in or migrate to Australia as the spouse or partner of an Australian?
To begin, with you need to either be married or in a de facto relationship with an Australian Citizen, Permanent Resident or Eligible New Zealand Citizen who is eligible to sponsor you.
To apply as a de facto couple, you need to show that your de facto relationship has existed for at least 12 months before you submit your visa application. There is an exception to the 12-month relationship requirement, if you and your partner have registered your de facto relationship in an Australian state/territory. You must be aware however that not every state/territory allows for de facto relationship registration and each state/territory that does allow it has different requirements.
It is best to look into the registry of births, deaths and marriages in the state/territory where you and/or your partner live to find out more.
If you are applying on the basis of a marriage, you also don’t need to have been married for 12 months. However, it is crucial that you are aware that simply providing a marriage certificate or a relationship registration certificate is not sufficient to be granted a partner visa. If you don’t provide extensive evidence of your relationship in addition to the certificate, there is a high chance your partner visa will be refused.
Whether you are married or in a de facto relationship, it is essential that you show you are in a ‘Genuine continuing, mutually exclusive relationship.’
When assessing whether you are in a genuine relationship, the Department of Immigration will assess the 4 aspects of your relationship:
1. The financial aspects
2. The social aspects
3. The nature of your household
4. The nature of your commitment to one another
A good general rule is that the longer the period for which you can provide evidence in all 4 relationship aspects, the better!
There are certain types of evidence that you can provide to show each of the relationship aspects. If you are planning to apply for a partner visa in the future it is essential that you are aware about the specific types of documents and information that you should gather and to inform yourself about the process well ahead of time. The partner visa is an expensive and lengthy process, it is important to get it right the first time.
Our Migration Agent has extensive experience in partner visa preparation, lodgement and advice.
Please don’t hesitate to contact us for advice about how your partner visa application can be as strong as possible.