Is There a Girlfriend Visa in Australia?

How can a girlfriend get a visa to live in Australia with her partner?

A girlfriend can get a visa to live in Australia with her partner by applying for a partner visa as a de facto partner, sponsored by a partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The legal question is not whether she is called a girlfriend but whether the couple's relationship meets the de facto test in section 5CB of the Migration Act. Our guide to partner visa requirements sets out every criterion.

My girlfriend is in Australia on a student or working holiday visa. Can she apply here?

A girlfriend who is in Australia on a student visa, working holiday visa or another substantive visa can usually apply for the Subclass 820 and Subclass 801 in Australia, provided the visa does not carry condition 8503 No Further Stay and the couple meets the de facto requirements. Applying before her current visa ends is important, because lodging without a substantive visa brings in Schedule 3 criteria. Our article on the onshore partner visa explains the process.

What if we have been dating but not living together?

A couple who has been dating but not living together will usually find it hard to show a de facto relationship, because shared living is normally central to the test. The 12 months generally runs from when the relationship became a de facto relationship, not from the first date. Couples who live apart for cultural, religious or practical reasons can still qualify in some cases, but the reasons must be clearly explained. Our article on partner visa intermittent cohabitation covers these situations.

Can registering our relationship help my girlfriend apply sooner?

Registering the relationship can help a girlfriend apply sooner, because registration under an Australian state or territory register removes the 12-month de facto requirement. Registers exist in NSW, Victoria, Queensland, South Australia, Tasmania and the ACT, and each has its own eligibility rules and processing steps. The couple still needs evidence that the relationship is genuine. Our article on the Subclass 820 de facto 12 months rule explains when registration helps.

What if my girlfriend and I are planning to marry?

A couple who is planning to marry has two routes. If the girlfriend is outside Australia, she may apply for a Subclass 300 prospective marriage visa, which requires the couple to have met in person and to marry within the visa period. If she is in Australia, the couple may marry here and then apply as spouses, where her visa conditions allow. Our page on the Subclass 300 visa explains the fiancé route.

What evidence does a girlfriend's partner visa need?

A girlfriend's partner visa needs evidence of shared finances, a shared household, recognition of the relationship by family and friends, and commitment to a future together, together with a relationship statement and Form 888 statements from people who know the couple. Couples in a newer relationship often have less evidence than they expect. Our article on preparing evidence of a genuine relationship explains what helps most.

How does My Migration Lawyers help couples where the girlfriend needs a visa?

My Migration Lawyers helps these couples by checking the girlfriend's current visa and its conditions, the date the relationship became a de facto relationship, and the deadline the couple is working against. The firm then advises whether to apply now, register first or consider engagement and marriage, and prepares the chosen application in full. Sponsors can speak with our partner visa lawyers about their options.