Is There a Boyfriend Visa in Australia?

What visa does a boyfriend use to come to Australia?

A boyfriend who wants to live in Australia with his partner usually uses a de facto partner visa, sponsored by a partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen. If the boyfriend is outside Australia, the application is for the Subclass 309 and Subclass 100. If he is in Australia on a suitable visa, it is the Subclass 820 and Subclass 801. Our guide to partner visa pathways compares them.

When is a boyfriend a de facto partner?

A boyfriend is a de facto partner for migration purposes when the couple has a mutual commitment to a shared life to the exclusion of all others, the relationship is genuine and continuing, and they live together or do not live apart permanently, under section 5CB of the Migration Act. Dating, even for a long time, is not enough without that shared life. Our article on the de facto partner visa and the 12-month rule explains the test.

What if we have not lived together for 12 months?

A couple who has not been in a de facto relationship for 12 months generally cannot apply for a de facto partner visa unless they register the relationship under an Australian state or territory register or another exception applies. Registration is available in NSW, Victoria, Queensland, South Australia, Tasmania and the ACT. Our article on the Subclass 820 de facto 12 months requirement explains the options.

Can a boyfriend come on a fiancé visa instead?

A boyfriend can come on a Subclass 300 prospective marriage visa instead if the couple is engaged, has met in person and genuinely intends to marry in Australia or overseas within the visa period. After marrying, he applies for the Subclass 820 and Subclass 801 in Australia. Our page on the Subclass 300 visa explains how this works.

Can my boyfriend visit Australia on a tourist visa first?

A boyfriend can visit Australia on a visitor visa if he meets its requirements, including a genuine intention to visit temporarily, but a visitor visa is not a way to live in Australia with a partner. Many visitor visas carry condition 8503 No Further Stay, which prevents applying for a partner visa in Australia without a waiver. Our article on tourist visa to partner visa in Australia explains the risks.

What does the Department look for in a boyfriend's partner visa?

The Department looks for evidence across the four aspects of the relationship: financial aspects, the nature of the household, social aspects and the nature of the commitment. For an unmarried couple, evidence of living together carries particular weight, because it is often the clearest sign of a de facto relationship. Our guide to partner visa relationship evidence explains what to provide.

How does My Migration Lawyers help couples sponsoring a boyfriend?

My Migration Lawyers helps couples sponsoring a boyfriend by first deciding whether the relationship already meets the de facto test, whether registration or engagement offers a better path, and where he should be when the application is lodged. The firm then prepares the sponsorship and the evidence and deals with the Department until the decision. Sponsors can speak with our partner visa lawyers about their plans.