Australian citizens and permanent residents can be eligible to sponsor their partner for an Australian Partner Visa under the following subclasses:
- Spouse Visa Subclass 820/801 (Onshore) on marriage or de facto grounds
- Spouse Visa Subclass 309/100 (Offshore) on marriage or de facto grounds
- Prospective Marriage Visa Subclass 300 (Offshore only)
You must meet the following requirements to be able to sponsor your partner:
You are an Australian Citizen or a Permanent Resident Visa Holder
Only Australian citizens, permanent residents and eligible New Zealand citizens can sponsor their partners for an Australian Partner Visa.
You Must Either Be Married (or plan to be married) or In A De Facto Relationship
Your relationship must be genuine, continuing and ongoing. You must be living with your partner or, if you aren’t living together, any separation must only be temporary.
For married applicants, marriage must be valid under Australian law (which recognises marriages in other countries, as long as it is a legally recognised marriage in the country get married in).
Underage and polygamous marriages are not legal in Australia. Same-sex couples can apply for a Partner Visa under de facto grounds, as Australia does not yet have legalised same-sex marriages.
Those who are in a de facto relationship must prove that their relationship has been ongoing for at least 12 months before applying for a partner visa. Immigration will not count any time spent during the “dating period” as time towards your relationship as a committed couple.
Please note there are exemptions to the 12-month rule. To find out more about them, you can read our blog about the 12-month relationship myth here https://visaone.com.au/the-12-month-relationship-myth-partner-visas/
You Are Engaged To Your Partner
If this is the case, then the Prospective Marriage Visa (Subclass 300) is applicable to you. This nine-month temporary visa will give your fiancé time to come to Australia and marry you. Then after you are both married, you can apply here for a subclass 820 Partner Visa and proceed to permanent residency in Australia.
You Have Not Previously Sponsored Someone (or been sponsored yourself) for a Partner Visa In The Last Five Years
If you have sponsored a previous partner in the last 5 years, or you have been sponsored yourself in the past by an Australian Citizen or Permanent resident, then there are restrictions that will apply to you that will generally prohibit you from sponsoring someone during this period.
There are always exceptions to the rule, so depending on your circumstances, you may need some proper advice before sponsoring your partner on a Partner Visa.
You Do Not Have A Conviction Or Outstanding Charge For An Offence Against A Child.
Australia has introduced very strict legislation in relation to child offenders, so if this applies to you, make sure to seek advice before proceeding with a Partner Visa.
If you require professional advice or assistance with a Partner Visa, please email us at [email protected], or call us on 1300 619 977.
*Legal Disclaimer: Please note that this article is for general information only. Always seek professional legal advice in regards to your situation as every situation is different. Immigration legislation changes regularly and thus always, get up-to-date advice on your situation. Lodging a visa application is a judicial process and is based on the quality of legal advice and legal representation you receive. It is illegal for any Migration Agent or Lawyer to guarantee 100% of a positive result as it is a judicial process.