Partner visa options: family migration to Australia

There are a number of visa options for you and your foreign partner to reunite in Australia. Depending on your specific circumstances, you may be eligible to sponsor your loved one for a prospective marriage visa (subclass 300 fiancee visa), or other types of partner visas such as a spousal visa or de facto (unmarried) partner visa. All family visa applications are processed by the Department of Immigration and Citizenship (DIAC) under the partnership policy which is designed to facilitate the admission of foreign nationals wishing to join their Australian citizen or permanent resident partner in Australia. 

 

 

A subclass 300 fiancee visa is designed to allow foreign nationals to enter Australia for the purpose of getting married. If you are planning to get married in Australia within nine months, the prospective marriage visa category is most likely your best choice. This visa will allow your loved one to come to Australia to marry you. Once you are legally married, you can sponsor your husband or wife for a subclass 820 provisional spouse visa which will allow them to stay in Australia initially for two years. By the end of the initial probationary period, your spouse can apply for a permanent visa to obtain an unlimited right to stay in Australia. 

 

 

If you are legally married to a foreign national, and your marriage took place outside Australia, you can sponsor your husband or wife for a subclass 309 provisional spousal visa. Obtaining a suitable marriage visa gives your spouse the right to live and work in Australia for up to two years, after which a permanent visa can be applied for. If your husband or wife is overseas, they will need to submit their subclass 309 spouse visa application to the local Australian Embassy, Consulate or High Commission, whereas if your spouse is currently in Australia on a long term visa of their own, such as a work permit or student visa, it is possible that they can switch to a subclass 820 marriage visa onshore. It should be noted that your spouse must not have a special 8503 ‘no further stay’ condition on their current visa in order to apply for a marriage visa from within Australia. 

 

 

If you have been in a committed de facto relationship with a foreign partner for at least 12 months, you can choose to sponsor your loved for an unmarried partner visa. The initial de facto partner visa can give your partner the right to live and work in Australia for up to two years, after which a permanent visa can be applied for. The 12-month relationship requirement may be waived by the Department of Immigration and Citizenship (DIAC) if you have children with your partner. Aside from meeting the basic partner visa eligibility requirements, you must be able to demonstrate to the satisfaction of the examining migration officer that your relationship is genuine and subsisting, and that you intend to continue living together in Australia after the partner visa is granted. 

 

 

By the end of the initial two-year probationary period, your partner or spouse can apply for a subclass 801 permanent partner (residence) visa to stay in Australia indefinitely. You will be required to prove that you are still living together as a married couple or de facto partners.