How Long Do You Need to Be in a Relationship for a Partner Visa?
Key points
- Married couples have no minimum relationship period, but the marriage must be valid and the relationship genuine and continuing (section 5F of the Migration Act).
- De facto couples generally need 12 months of de facto relationship immediately before applying (regulation 2.03A).
- The 12-month requirement does not apply where the relationship is registered under a prescribed Australian state or territory law, or where compelling and compassionate circumstances exist.
- Subclass 300 applicants must have met their partner in person and must marry within the visa period.
How long must a married couple be together for a partner visa?
A married couple has no minimum time together for a partner visa. The marriage must be valid, and the couple must show a mutual commitment to a shared life as spouses to the exclusion of all others, a genuine and continuing relationship, and that they live together or do not live apart on a permanent basis. A short marriage is lawful, but it is often examined closely. Our article on a partner visa short relationship explains what case officers look for.
How long must a de facto couple be together for a partner visa?
A de facto couple must generally have been in a de facto relationship for at least 12 months immediately before lodging a partner visa, under regulation 2.03A. The 12 months is counted from when the couple's relationship became a de facto relationship, which usually means when they began living together as a couple, not from the first date. Our article on the Subclass 820 de facto 12 months requirement explains how the period is counted.
What are the exceptions to the 12-month de facto requirement?
The exceptions to the 12-month de facto requirement are registration of the relationship under a prescribed Australian state or territory law, compelling and compassionate circumstances, and cases where the sponsor is linked to the humanitarian program in the way the regulations describe. Registration is the most common exception and is available in NSW, Victoria, Queensland, South Australia, Tasmania and the ACT. Our article on the de facto partner visa and the 12-month rule explains each exception.
How long must an engaged couple be together for a prospective marriage visa?
An engaged couple has no minimum relationship period for a Subclass 300 prospective marriage visa, but the applicant must have met the sponsor in person, they must genuinely intend to marry, and the marriage must take place within the visa period. The couple then applies for the Subclass 820 and Subclass 801 after marrying. Our page on the Subclass 300 visa explains the requirements.
Does a longer relationship make a partner visa easier?
A longer relationship usually makes a partner visa easier to prove, because the couple has more evidence of shared finances, a shared household, social recognition and commitment. Length alone does not decide the case, and a long relationship can still be refused if the evidence is weak or inconsistent. Where a couple has been together for a long time, as the regulations define long-term, the permanent visa may also be granted sooner. Our article on a partner visa long-term relationship explains this.
What if our relationship is not long enough yet?
A couple whose relationship is not long enough yet usually has three options: wait until the 12 months is met, register the relationship where a register is available, or marry if that reflects their genuine intention. Each option affects timing differently, especially where the applicant's current visa is ending. Our guide to partner visa pathways compares them.
How does My Migration Lawyers work out whether your relationship qualifies?
My Migration Lawyers works out whether a relationship qualifies by building a dated history of the relationship, identifying when it became a de facto relationship and comparing that with the applicant's visa expiry and any registration options. The firm then advises which pathway and lodgement date fit the couple's real circumstances. Couples can speak with our partner visa lawyers before they decide.
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