You can apply for a partner visa if you are in relationship with an Australian citizen, PermanentResident, or eligible New Zealand citizen. To apply for this visa,you must either be married or in havelived together in a de-factorelationship.
Visa Conditions and Duration
When your initial partner application is granted, in most cases be issued with a Temporary Partner Visa.This visa will allow you to stay in Australia with have full work and travel rights, as well as access to Medicare.After the two-year period, the Department of Immigration will look to grant you a Permanent Partner Visa. At this stage, you will be asked for current evidence of your relationship.
In some circumstances, a waiver is available for the 2 - year per iod before applying for permanent residence:
- if you have been in the relationship with your partner for three years or more at the time ofapplication.
- if you have been in the relationship for two years where there are dependent children of that relationship.
- if your partner was granted a permanent visa under the humanitarian program or wasgranted a protection visa and was in the relationship with you before the visa was grantedand this relationship was declared to the Department of Immigration at the time.
In the following circumstances the applicant may receive permanent residence even if the relationship has broken up before the end of the 2 - year period
- If your partner has died during this period.
- If you and your Australian partnerhave children under 18 years of age.
- If you or your dependants have been subject to domestic violence during this period
In order to be eligible for a partner visa, you must meet the following criteria:
De facto Relationship - 12 Months Cohabitation
You can apply fIf you are in adefacto relationship, thenrequiredevidence that you have lived with your partner for thelast 12 months. The Department of Immigrationalways look fordocumentary evidence that you havelived together (for example, a joint lease or correspondence sent to you at the same address).It ispossible to get a waiver of the12-monthrequirement in cases where you are unable to live togetherdue to exceptional circumstancesor this Subclass189 Skilled Independent visa from overseas or from inside of Australia. However, to apply from Australia you should have a substantive visa or a Bridging A, B, or C visa. Once you apply from within Australia, you would receive a bridging visa allowing you to remain in Australia during the processing of your visa application.