What Are the Requirements for a Partner Visa in Australia?

What relationship requirements apply to a partner visa?

The relationship requirements for a partner visa are a genuine and continuing relationship in which the couple have a mutual commitment to a shared life to the exclusion of all others, and live together or do not live apart on a permanent basis. The Department assesses four aspects of the relationship: its financial aspects, the nature of the household, its social aspects and the nature of the commitment. Our article on the partner visa four pillars of evidence explains each aspect and the evidence that shows it.

What extra requirements apply to de facto couples?

De facto couples must generally show that the relationship existed for at least 12 months immediately before the application was lodged. The 12-month requirement does not apply where the relationship is registered under an Australian state or territory register, where compelling and compassionate circumstances exist, or where the sponsor is linked to the humanitarian program in the way the regulations describe. Our article on the de facto partner visa and the 12-month rule explains each exception.

Who can be a partner visa sponsor?

A partner visa sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is the applicant's spouse or de facto partner. Regulation 1.20J limits how many partners a person can sponsor and how soon after a previous sponsorship, unless there are compelling circumstances. Where the application includes children under 18, the sponsor may also need to provide police checks. Our page on partner visa sponsorship limitations explains when a sponsor cannot sponsor.

What health and character requirements apply to a partner visa?

Partner visa applicants must meet the health requirement, usually by completing health examinations, and the character requirement under section 501 of the Migration Act, usually shown through police certificates. They must also meet PIC 4020, which concerns false or misleading information and bogus documents, and sign the Australian Values Statement. Our articles on partner visa health requirements and partner visa character requirements cover each test.

Are there extra requirements for a partner visa lodged in Australia?

A partner visa lodged in Australia carries extra requirements. The Subclass 820 applicant must be in Australia at lodgement and at grant. An applicant who does not hold a substantive visa must generally meet Schedule 3 criteria, and an applicant whose visa carries condition 8503 No Further Stay needs a waiver before applying. An earlier refusal in Australia may also bring section 48 into play, although partner visas generally remain available to applicants affected by section 48 if they meet the additional requirements. These onshore rules are the most common reason a couple who meets every relationship requirement still cannot apply in Australia.

How can My Migration Lawyers check that you meet every partner visa requirement?

My Migration Lawyers tests each requirement against the couple's real circumstances before any charge is paid, including the relationship history, the sponsor's previous sponsorships, the applicant's visa history and any health or character issues. Where a requirement is difficult to meet, the firm identifies the evidence or waiver needed and advises whether the onshore or offshore path is safer. Couples can speak with our partner visa lawyers about their eligibility.