Are you eligible for an Australian Partner Visa?

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Are you in a de facto relationship or married to an Australian and want to become a permanent resident of Australia? You may be able to apply for an Australian Partner Visa.

You can apply for a Partner Visa whilst you are either inside or outside Australia.

If you are married or in a de facto relationship (including those in a same sex relationship) with an Australian citizen, Australian permanent resident or eligible New Zealand citizen you may be eligible for partner visa. There are a number of basic requirements that need to be satisfied to make a successful partner Visa application.

A Partner Visa will enable you to enter and/or remain in Australia permanently, on account of your relationship with your Australian partner. It is a two stage process whereby you apply for a Partner temporary visa and Partner permanent visa at the same time. The visa subclasses will differ depending on whether you make the application from outside Australia or inside Australia.

Although applying for a partner visa is a two stage process, you are only required to complete and lodge one application. Also your Australian partner must agree to sponsor you and be able to fulfill their various obligations.

At both stages of the Partner visa application process, you and your partner are required to evidence to the Department of Immigration and Citizenship that you are in a genuine relationship.

You and your Australian partner must demonstrate that you are mutually committed to share your life together to the exclusion of all others. Your relationship must be genuine and continuing and you must intend to live, together on a permanent basis.

De facto partners also need to evidence that they have been in the relationship for at least 12 months prior to lodging the application.

Once you satisfy all the legal criteria for the grant of the visa, you will then be granted a temporary Partner visa. This visa will remain valid until a decision is made on your permanent visa. This normally occurs 2 years from the date of application for the Partner Visa.

The Department of Immigration and Citizenship will re assess your relationship to confirm that it still exists and satisfies all legal requirements. You will then be granted a permanent Partner visa.

There are three ways that you can bypass the temporary Partner Visa stage and have a permanent Partner Visa granted.
If you can demonstrate that either:

(a) you have been married for three years or more or are already in a 3-year de facto relationship with your partner at the time you apply for the visa, or

(b) at the time you apply, you have already been married or are in a de facto relationship with your partner for at least two years and have a dependent child born out of the relationship, or

(c) your partner has been granted a Protection visa or a permanent visa under the humanitarian program and before the visa was granted, you were already in a relationship with your partner and this had been declared to the department at the time.

Lastly, if you apply for your Partner Visa whilst you are in Australia you need to be inside Australia at the time of visa grant for the temporary Partner Visa.

Alternatively if you are outside Australia at the time of application you need to be outside Australia at the time of visa grant once again for the temporary Partner Visa.

When your Partner (permanent) visa is granted, you can either be outside Australia or in Australia.

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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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