Are you in a relationship with an Australian citizen, permanent resident or eligible New Zealand citizen?
The Partner visa, also known as the Spouse visa allows a spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia.
You can apply for a partner visa either onshore or offshore, that is, in or outside Australia however you must meet certain requirements in order to be eligible to apply.
In most cases, eligible applicants are granted temporary residency initially before they can qualify for permanent residency. Depending on your circumstances you may be eligible to apply for permanent residency without having to satisfy the initial temporary residency requirements. If a relationship ends, an applicant may still be eligible to remain in Australia however only if particular circumstances exist.
The most important thing to consider when applying for a Partner visa is that you must be able to prove that you are in a genuine and continuing relationship. Various aspects of your relationship are assessed including social, financial, If you are in a de facto relationship you must meet specific criteria to prove that you live together. If you are married, your marriage must be recognised under Australian law. If you are not married and do not live with your partner however you plan to marry, you may be eligible for a Prospective Marriage visa. Same-sex couples can also apply for this visa if they are in a de facto relationship.
You must also meet health and character requirements to obtain this visa.
If you do not meet all criteria according to Australian Migration legislation, in some cases, it may still be possible to obtain a Partner visa depending on your circumstances.
Migration laws are complex and continuously changing. A migration assessment with an Immigration lawyer is a very important and worthwhile part of the migration process as it will allow you to obtain precise information for your situation based on updated legislation. Find out more about what a migration assessment involves.