Applicants for an Australian partner visa

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There is no need for you to be living alone in Australia while your wife/husband or partner is in another country. With the spouse visa for Australia, you may already be able to sponsor your partner for this type of Australia visa.

If you are an Australian citizen, permanent resident, or an eligible New Zealand citizen, you may have your spouse or partner apply for a spouse visa for Australia. You only have to be married, be in a de facto relationship (including same sex couples) or be engaged to your partner.

There are different types of relationships that are recognised in the partner visa program. These include a partner visa based on marriage, de facto relationship (including same sex couples) and fiancé (prospective marriage). For a marriage to be recognised in Australia, it should first be recognised in the country where the ceremony was conducted. For de facto relationships, the couple should not be married, but are living in a ‘spouse type’ relationship (including same sex couples). For de facto relationships, you must have already been in the relationship for not less than 12 months at the time the visa application was made. For the fiancé visa, you need to have met in person as adults and plan to marry each other in Australia and share a life together as husband and wife.

However, there are certain types of marriages that are not recognized by Australian immigration. These include polygamous relationships, marriage within close relatives, and if one of the parties of the marriage is under 18 years old which is the marriageable age in Australia. However, marriage of a couple aged less than 18 years may be allowed in Australia provided that an Australian court order allows them to marry.

To qualify for the spouse visa for Australia, you have to be able to prove that you are both committed to a shared life as spouses even if you are not married and that your relationship is to the exclusion of all others. Furthermore, you have to prove that your relationship is genuine and continuing and that you are living together.

For those in a de facto relationship, you have to primarily prove that the relationship has been going on for not less than 12 months at the time of the application. However, special cases apply to relationships wherein the partner was granted a permanent humanitarian visa but was already in the relationship before the granting of the visa and has declared this to the department. Another one is where there may be compelling circumstances like having dependent children of the relationship.

If you think you qualify to apply for this Australia visa and are ready to lodge an application, remember that you will go through a two-stage process.

Stage 1 is the temporary partner Australian visa which involves the department assessing your against the partner visa requirements. You may be required to go through an interview process. Furthermore, you will also be required to undergo medical examination and provide some character (police) clearances. If you succeed at this stage, you may have a temporary visa which will be effective until your application for permanent visa will be decided upon or when the application is withdrawn.

Stage 2 is the permanent partner Australian visa which can be decided 2 years after the temporary visa was lodged. However, this two-year waiting period may be waived if the relationship has been going on for three years or more at the time the application was made, or if the relationship has been on for 2 years and there are children at the time the application was lodged. Finally, it can be waived if the partner was issued a permanent visa under the humanitarian program or protection visa but was already involved in the relationship and declared this to the department.

Additional requirements for the permanent visa include proving that the relationship is still genuine, continuing and ongoing. You may also need to provide additional police clearances if you have lived in Australia for over a year, as well as clearances from countries you have gone to since you were granted the temporary visa. Once you meet all the requirements, you can then be granted the permanent visa.

Lodge now a complete spouse visa for Australia with the help of NationalVisas. Our MARA-registered agents will guide you through the process of applying for an Australia visa to ensure that you will maximize your chance of getting your visa granted.

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National Visas offers Personalised Services to help you apply for a visa. National Visas has developed into a world leader in online immigration services. Our Migration Agents are registered to provide Australian immigration advice, as required by Australian law.

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