To be eligible to apply for a Partner visa, you must either be married to, or in a de facto relationship with, your partner at the time you apply.
Persons applying in Australia for a Partner visa may not be immediately eligible to work or study in Australia, unless their previous visa allowed them to do so. Once their previous visa ceases, Partner visa applicants with an associated Bridging visa A or Bridging visa B may be immediately eligible to work in Australia.
Once you have been granted a temporary Partner visa, you will be able to both work and study in Australia. However, you are not eligible for Austudy until you have been granted a permanent Partner visa (subclass 100 or 801).
Processing stages for a Partner Visa
Applying for a Partner visa is a 2-stage process.
We apply for a temporary and permanent visa at the one time on the same application form. Then we lodge your application.
The first visa you get is a temporary partner visa. This visa remains valid until a decision is made on your permanent visa application, which is generally 2 years after you initially applied for your Partner visa in one condition that you continue to meet all legal requirements.
Married spouses (de jure)
To apply in Australia for a Partner visa on the basis of marriage, you must be legally married to your partner (in most cases, your sponsor). To apply outside Australia on the basis of marriage, you must either be legally married to your partner at time of application or intend to legally marry your partner in the near future (before a decision is made on the temporary Partner visa).
If you were married in a country other than Australia and that marriage is valid in that country, generally it will be recognised as valid under Australian law. There are some exceptions, such as same-sex, underage or polygamous marriages, which are not accepted in Australia.
To be eligible for a Partner visa on the basis of your marriage, you must:
- be sponsored by an eligible person (see ‘Sponsorship eligibility’);
- be legally married to your partner (usually your sponsor);
- show that you and your partner have a mutual commitment to a shared life as husband and wife to the exclusion of all others;
- show that you have a genuine and continuing relationship with your partner;
- show that you and your partner are living together or, if not, that any separation is only temporary; and
- meet health and character requirements.
To apply for a Partner Visa, contact us now