You can apply for a partner visa if you are in relationship with an Australian citizen, Permanent Resident, or eligible New Zealand citizen. To apply for this visa, you must either be married or in have lived together in a de-facto relationship.
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 permanent residence:
- if you have been in the relationship with your partner for three years or more at the time of application.
- 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 was granted 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 partner have 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 if you are in de facto relationship, then required evidence that you have lived with your partner for the last 12 months. The Department of Immigration always look for documentary evidence that you have lived together (for example, a joint lease or correspondence sent to you at the same address). It is possible to get a waiver of the 12-month requirement in cases where you are unable to live together due to exceptional circumstances.