Introduction:

If you are in a relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, and wish to live in Australia with your partner, a Spouse Visa may be suitable for you.

To qualify, you must demonstrate that your relationship is genuine and ongoing. Key indicators of this include financial commitment, social recognition, emotional support, and the nature of your shared household.

Initially, a temporary visa may be granted while your permanent visa application is processed. If your relationship continues for at least two years after applying, you may be eligible for a permanent visa. In certain circumstances, such as having a long-term relationship or children, you may qualify for a permanent visa directly.

Married Couples – Your marriage must be recognised under Australian law. Marriages conducted abroad are generally recognized in Australia if they are valid in the country where they took place.

De Facto Couples (Including Same-Sex Couples) – For de facto couples (heterosexual or same-sex), it is generally required that you have been living together for at least 12 months before applying. However, registering your relationship may allow for some flexibility with this 12-month requirement.

You may be eligible to apply on de facto grounds if you have lived with your partner for 12 months or more, provided the relationship is mutually exclusive. This eligibility can also apply if either partner is legally married to someone else, such as when waiting for a divorce to be finalised.

Types of spouse visa in Australia:

• Partner Visa (Subclass 820/801)

The Partner Visa (Subclass 820/801) is available if you are in a de facto relationship or married to an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, and you are currently in Australia. This visa allows you to stay in Australia with your partner, granting you the ability to live, work, study, and travel without restrictions.

• Prospective Marriage Visa (Subclass 300)

The Prospective Marriage Visa (Subclass 300) is available if you are engaged to an Australian citizen, Australian permanent resident, or eligible New Zealand citizen and are currently outside Australia. This temporary visa allows you to enter Australia to marry your fiancé. It is valid for 9 to 15 months, after which you may apply for a Partner Visa (Subclass 820/801) to remain in Australia with your spouse.

• Partner Visa (Subclass 309/100)

The Partner Visa (Subclass 309/100) is available if you are in a de facto relationship or married to an Australian citizen, Australian permanent resident, or eligible New Zealand citizen and are currently outside Australia. This visa allows you to move to Australia to live with your partner, where you can live, work, study, and travel without restrictions.