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Partner Visa

Spouse

To meet the requirements for a Spouse (Provisional) visa on the basis of a marriage, the couple must:

  • have a marriage which is recognised as valid or intend to have such a marriage and that marriage occurs prior to decision
  • have a mutual commitment to a shared life as husband and wife to the exclusion of all others
  • have a genuine and continuing relationship
  • live together, or not live separately or apart on a permanent basis.
  • Marriages NOT recognised include:
    • Arranged or proxy marriages (husband and wife must have physically met before marriage, and live together after marriage);
    • Polygamous marriage;
    • Marriages within prohibited degrees of relationship (generally meaning close family members);
    • Same sex marriage (may be considered for Interdependency Visa);
    • Marriage of convenience;
    • Marriage that is only recognised by custom.

To meet the requirements for a Spouse (Provisional) visa on the basis of a defacto relationship, the couple must:

  • be of the opposite sex
  • not be married to each other
  • Are not within a prohibited relationship according to the Marriage Act
  • Are 18 years of age (if one party resides in Australia) or at least 16 if neither are domiciled in Australia
  • Have a mutual commitment to a shared life as husband and wife to the exclusion of all others
  • Are not within a prohibited degree of relationship under the Marriage Act 1961 (i.e. relation with an ancestor or descendant or sibling)
  • Have a genuine and continuing relationship
  • Live together, or not separately or apart on a permanent basis
  • Have been in that relationship for a period of 12 months prior to lodgement of the visa application


Do you qualify for a Spouse Visa?

Determine your Spouse Visa eligibility in just a few minutes and begin the Visa Application Process to Australia.

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