If you are in a relationship with an Australian citizen, permanent resident or eligible New Zealand citizen, you may be able to apply for a Partner Visa to live in Australia.
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Australian Partner Visa application process
The Partner Visa application process usually involves two stages: a temporary visa, which is valid for two years, and a permanent visa, which is granted after the temporary visa expires.
To be eligible for a Partner Visa, you and your partner must meet the following criteria:
- Your partner must be an Australian citizen, permanent resident or eligible New Zealand citizen.
- You must be in a genuine, ongoing relationship with your partner.
- You must meet the health and character requirements.
- You must provide evidence that you meet the financial requirements.
The application process involves submitting a range of documents, including evidence of your relationship, police clearances, health examinations, and financial records. The process can be quite complex, so it is recommended that you seek the assistance of a registered migration agent or immigration lawyer to help you with your application.
The processing time for Partner Visas can vary and can take up to several months to be approved. Once your temporary visa is granted, you will be able to live and work in Australia for the duration of the visa. After the two-year period has passed, you will be eligible to apply for a permanent visa.
What is the difference between a married and de-facto relationship when it comes to the Australian Partner Visa?
When it comes to the Australian Partner Visa, there is no difference in the eligibility requirements for married and de-facto relationships. Both types of relationships are recognised as valid for the purpose of the Partner Visa application.
However, there are some differences in the evidence that may be required to support the application, depending on whether the relationship is married or de-facto.
For a married relationship, the applicant must provide a copy of their marriage certificate as evidence of their relationship.
For a de-facto relationship, the applicant must provide evidence that they have been in a genuine, ongoing relationship with their partner for at least 12 months. This evidence may include joint financial commitments, living arrangements, and social activities, as well as any other evidence that can demonstrate the nature and length of the relationship.
It is important to note that the evidence required for a Partner Visa application may vary depending on the individual circumstances of the applicant and their partner. It is recommended that you seek the advice of a registered migration agent or immigration lawyer to ensure that you provide the appropriate evidence to support your application.
What if I register my de-facto relationship with a State Government?
If you have registered your de-facto relationship with a state or territory government in Australia, this can be used as evidence to support your Partner Visa application.
Registering your de-facto relationship with a state or territory government is not a mandatory requirement for a Partner Visa application, but it can provide additional evidence of your relationship and help to establish that you have been in a genuine, ongoing relationship for at least 12 months.
When you apply for a Partner Visa, you will need to provide a range of documents to support your application, including evidence of your relationship. This may include joint financial commitments, living arrangements, social activities, and other evidence that can demonstrate the nature and length of your relationship.
If you have registered your de-facto relationship, you can provide a copy of your registration certificate as part of your evidence. This can help to establish that your relationship is recognised by the state or territory government and can provide additional weight to your application.
It is important to note that registering your de-facto relationship with a state or territory government does not guarantee that your Partner Visa application will be approved. The Department of Home Affairs will still assess your application based on a range of factors, including the nature and length of your relationship, your health and character, and your financial situation.
What if I am in a same-sex relationship?
If you are in a same-sex relationship, you are eligible to apply for a Partner Visa in Australia in the same way as opposite-sex couples. Australia recognises same-sex relationships for the purpose of Partner Visa applications, and the eligibility requirements and application process are the same regardless of your sexual orientation.
To be eligible for a Partner Visa, you and your partner must be in a genuine, ongoing relationship, whether you are in a same-sex or opposite-sex relationship. You must provide evidence of your relationship and meet the health and character requirements, as well as the financial requirements.
You will need to provide evidence that you have been in a genuine, ongoing relationship with your partner and that you are either married or living together for at least 12 months, or that you have registered your relationship with a state or territory government in Australia.
This evidence may include joint financial commitments, living arrangements, social activities, and other evidence that can demonstrate the nature and length of your relationship.
The application process for a same-sex Partner Visa is the same as for any other Partner Visa application. It is recommended that you seek the advice of a registered migration agent or immigration lawyer to ensure that you provide the appropriate evidence to support your application and to help you navigate the application process.
Australia is known for its progressive policies towards LGBTQ+ rights, including the recognition of same-sex relationships, so you can be confident that your application will be assessed on its merits, regardless of your sexual orientation.
What is the estimated processing time for a Partner Visa application in Australia?
The processing time for a Partner Visa application in Australia can vary depending on a number of factors, including the complexity of your application, the volume of applications being processed by the Department of Home Affairs, and whether or not you have provided all the required information and documentation.
As of February 2023, the Department of Home Affairs provides indicative processing times for Partner visa applications on their website. The current processing times are as follows:
- Partner (subclass 820/801) visa: 23 to 27 months (75% of applications processed within this timeframe)
- Partner (subclass 309/100) visa: 18 to 24 months (75% of applications processed within this timeframe)
It is important to note that these processing times are indicative only and may change depending on a range of factors. Some applications may take longer to process if they require additional assessment, or if there are delays in obtaining required information or documentation.
It is also worth noting that the Department of Home Affairs processes Partner Visa applications in the order in which they are received, so it is important to submit your application as soon as possible to avoid further delays.
If you are concerned about the processing time for your Partner Visa application, it is recommended that you consult the Department of Home Affairs website or speak to a registered migration agent or immigration lawyer for more information.
What if my partner is from New Zealand?
If your partner is from New Zealand, you may be eligible to apply for a Partner Visa in Australia. However, the eligibility requirements and application process may be different from those for partners from other countries.
New Zealand citizens are eligible to live and work in Australia under the Trans-Tasman Travel Arrangement, which allows for free movement between Australia and New Zealand. If your partner is a New Zealand citizen and is already living in Australia on a Special Category (subclass 444) visa, they may not need to apply for a Partner Visa.
If your partner is not a New Zealand citizen and does not have a Special Category visa, they may need to apply for a Partner Visa in order to live and work in Australia with you.
The eligibility requirements for a Partner Visa are the same for all applicants, regardless of their nationality. You and your partner must be in a genuine, ongoing relationship, whether you are in a same-sex or opposite-sex relationship.
You must provide evidence of your relationship and meet the health and character requirements, as well as the financial requirements.
If your partner is a New Zealand citizen, they may be eligible for a streamlined application process under the Family Relationship (subclass
What if I am from New Zealand?
If you are from New Zealand and your partner is an Australian citizen or permanent resident, you may be eligible for a Partner Visa in Australia. However, the eligibility requirements and application process may be different from those for partners from other countries.
As a New Zealand citizen, you are eligible to live and work in Australia under the Trans-Tasman Travel Arrangement, which allows for free movement between Australia and New Zealand. However, if you want to bring your partner with you to live in Australia, you may need to apply for a Partner Visa for them.
The eligibility requirements for a Partner Visa are the same for all applicants, regardless of their nationality. You and your partner must be in a genuine, ongoing relationship, whether you are in a same-sex or opposite-sex relationship. You must provide evidence of your relationship and meet the health and character requirements, as well as the financial requirements.
If you are in a de facto relationship with your partner, you must have been in the relationship for at least 12 months before you apply for the visa. If you are married, you do not need to meet this requirement.
You can apply for a Partner Visa from within or outside of Australia. The application process will depend on the type of Partner Visa you are applying for and the location of the applicant. If you are applying from within Australia, you may be eligible for a Bridging Visa to allow you to remain in Australia while your application is being processed.
It is recommended that you seek the advice of a registered migration agent or immigration lawyer to ensure that you provide the appropriate evidence to support your application and to help you navigate the application process.
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