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Melbourne Vic 3000, Australia

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info@bluestonemigration.com.au

Partner Visas for Australia

You may be eligible for a partner category visa if you are:

Spouseof an Australian citizen, Australian permanent resident or eligible New Zealand citizen, or

Fiancéof an Australian citizen, Australian permanent resident oreligible New Zealand citizen,or

De facto partner(including same-sex relationships) with an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

To apply for the Partner Visa on the basis of marriage, you must be legally married to your Australian partner and sponsor. To apply from outside Australia, you must be legally married to your partner at the time of application or intend to legally marry your partner before a decision is made on the temporary Partner Visa.

You will be required to provide proof of your legal marriage and evidence of a mutual commitment and shared life; and

Meet the health and character requirements designated by the Australian Department of Immigration and Border Protection (DIBP).

De facto partners must show they have been in a de facto relationship for 12 months immediately prior to lodging their application. They must also show in their application proof their relationship is genuine and continuing, and that they live together and do not live separately and apart on a permanent basis.

Partner Visa Application Process

Applying for a Partner Visa is a 2-stage process. You apply for both a temporary and permanent visa in the one application at the same time.

Temporary Partner Visa

If you lodge your application outside Australia, you must be outside Australia when the temporary visa is granted. If you lodge your application in Australia, you must be in Australia when the temporary visa is granted.

If you are granted a temporary visa, you will:

Have permission to travel to and from Australia until a decision is made on your permanent visa application; and be able to work in Australia.

Permanent Partner Visa

If you lodge your partner application outside Australia, you may be either in or outside Australia when the permanent visa is granted. If you lodge your application in Australia, you must be in Australia when this visa is granted.

In most cases, permanent residence cannot be granted less than 2 years from when you lodge your application. However, you may be granted a permanent visa without having to fulfil the usual 2 year waiting period if at the time you apply you meet certain criteria.

The 2 year waiting period for permanent residence may be waived if at the time of application:

You have been in a relationship with your partner for 5 years or more (as a married or de facto partner); or You and your partner have been in a married or de facto relationship for 2 years and have children.

Prospective Marriage Visa: Australian Fiancee Visa

The Australian Prospective Marriage Visa is a temporary fiancee visa for unmarried partners wishing to migrate to Australia. The visa is valid for 9 months only, during which time you must marry your Australian sponsor.

Eligibility requirements:

You are required to be sponsored by an Australian citizen or permanent resident with whom you are in a genuine relationship;

You will be required to prove there are no impediments to marrying your intended spouse including:

You are both free to marry;
You are both of marriageable age; and
The intended marriage is able to be recognised under Australian law;

You have met (as adults) your intended spouse in person and know him or her. This must be the case even if:

It is an arranged marriage;
You and your sponsor met as children and the marriage was arranged before you turned 18 years of age; or
You met on the Internet (exchanging photographs is not proof enough you have met in person); and

You are required to meet Australia's health and character requirements.

Full work rights are granted for the duration of the Prospective Marriage Visa. Once you are married, you will be eligible to apply for permanent residence through a Spouse Visa.