Partner Visa

This visa allows the spouse or de facto partner of an Australia citizen, permanent resident or eligible New Zealand citizen to travel and live in Australia. This visa is the first stage towards a permanent Partner visa. 

The process of demonstrating that you are in a genuine and continuing relationship is a complex one.  In many instances the Australian Immigration Department and Border Protection does not consider a marriage certificate as sufficient evidence that a relationship is genuine and on going. We will ensure that your application is fully investigated and documented to give you every chance of being granted a visa. We can also assist you in preparing for the interview process. 

There is a common misconception that you must be in a relationship for at least 2 years before you can apply for a spouse visa as a de facto couple.  This is not the case, there are ways to demonstrate a genuine and continuing relationship in less than 2 years.  

A spouse visa takes approximately six months to be decided once the application is lodged at the Australian Embassy or Consulate.  The process usually involves a one hour interview and each applicant must complete a medical check. 

To be eligible to apply for a Spouse Visa you must be able to demonstrate that you:-   

  • are married to an Australian citizen or permanent resident in a marriage valid under Australian law; OR,
  • are in a de facto relationship with an Australian citizen or permanent resident for at least 12 months prior to making application;OR,
  • personally know, (i.e. have met with Australian partner physically), and will be married to your sponsor in a marriage valid under Australian law by the time the Visa is granted (offshore applicants only).

You must also meet certain character requirements and take a physical examination and X-ray to satisfy health requirements in order to meet the Visa criteria. Applicants applying from outside Australia must also be outside of Australia at the time the Visa is granted.  It is possible to arrange a short stay tourist visa in order to travel to Australia while your application for a spouse visa is being considered.

Same Sex Partners

Same Sex partners can apply for an Interdependent Visa. While Australia does not currently recognise same sex marriages, same sex partners are permitted to apply for an Interdependent Visa. Interdependent relationships include, but are not restricted to, same same sex couples. An Interdependent Visa is assessed in much the same way as a Partner Visa and considers the relationship under the requirements for a de facto relationship. The Visa entitlements are also the same as the Partner Visa.

Partner (Provisional) Visa (subclass 309) 

This visa allows the spouse or de facto partner of an Australia citizen, permanent resident or eligible New Zealand citizen to travel and live in Australia. This visa is the first stage towards a permanent Partner visa. You must be outside Australia when you apply and also when the Partner (Provisional) visa is granted. This visa allows you to:- 

  • enter and stay in Australia until a decision is made about your permanent Partner visa
  • work in Australia
  • study in Australia but with no access to government funding
  • enrol in Medicare