australian partner visas - visa requirements - spouse / de facto

This visa type is suitable for the wife, husband or de-facto (including same sex relationship) partner of an Australian sponsor. There are several requirements that applicants must meet in order to be considered for a Partner Visa:

Must be of marriageable age:

• If either partner currently resides in Australia, both must have turned 18;
• If neither partner resides in Australia, both must have turned 16;
• Provisions exist for persons between the ages of 16 and 18 to marry under court order.

If married - marriage must be recognised under Australian Law:

• Marriage must be legal in Australia or in country of marriage;
• 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 (considered a de facto relationship);
  • Marriage of convenience;
  • Marriage that is only recognised by custom.

If unmarried – must be in a de facto (includes same sex relationships) relationship:

• Live together (or do not live apart on a permanent basis);
• Commitment to a shared life as husband and wife to exclusion of all others;
• Must have lived together for a period of at least 12 months prior to lodging visa application.

This visa can be applied for from within, or outside of Australia.

Please be aware:

All relationships will be assessed on a number of factors to determine that the relationship is genuine.

We advise that applicants should be able to:

• Provide evidence detailing mutual commitment – which includes the length of the relationship and time spent living together;
• Provide financial evidence supporting their mutual commitment to their partner;
• Provide evidence demonstrating the social aspects of the relationship, including pictures and the opinions of family and friends about the relationship.