If you are in a relationship with an Australia citizen, Australian permanent resident or eligible New Zealand citizen, you may be eligible to apply for a prospective marriage visa or partner visa to migrate to Australia.
Prospective Marriage Visas (Offshore)
If you are engaged to marry an Australian citizen, Australian permanent resident or eligible New Zealand citizen, you may be eligible to apply for a prospective marriage visa to come to Australia. You must be outside Australia when you apply for the prospective marriage visa. Prospective marriage visas are temporary visas that are valid for 9 to 15 months.
If you get married during the 9 to 15 months, you can apply for an onshore partner visa to stay in Australia. If successful, you will first be granted a temporary partner visa. If you are still partners after 2 years, you will be eligible for a permanent partner visa.
You may be able to include your dependent children in the visa application to migrate to Australia with you.
Partner Visas
If you are the husband, wife or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, you may be eligible to apply for a partner visa. To apply for a partner visa, you and your Australian partner must live together (or not be living apart on a permanent basis). If you and your partner are not married to each other, you must have been living together in a de facto relationship for the past 12 months.
*There are some exceptions to the 12 month rule. Our registered migration agent can give you advice about whether these exceptions apply to your circumstances.
You may be able to include your dependent children in the visa application to migrate to Australia with you.
Onshore partner visas
If your current visa does not have a ‘no further stay’ condition, you may be eligible to lodge the visa application from inside Australia. If you lodge the visa application from inside Australia, you will be granted a bridging visa to stay in Australia while your visa application is being processed.
Offshore partner visas
If you are not eligible to apply for an onshore partner visa, you may be eligible to apply for an offshore partner visa. You must be outside Australia when you apply for the visa.
Marriage & Partner Visa Applications
As part of the visa application, you must submit many supporting documents to prove to the Department of Home Affairs that your relationship is genuine.
For a prospective marriage visa, you must prove that you and your fiancé:
- have met in person since turning 18
- genuinely intend to marry and live together as spouses
For a partner visa, you must prove that you and your partner:
- are married or have lived together for at least the past 12 months or have registered your relationship in Australia
- are living together (or not living apart on a permanent basis)
- have a genuine and continuing relationship and mutual commitment to a shared life together
When assessing whether your relationship is genuine, the Department of Home Affairs will look at four aspects of your relationship:
- the financial aspect of your relationship
- the nature of your household
- the social aspect of your relationship
- the nature of your commitment to each other
Supporting documents are important – the documents that you submit can make the difference between a visa application that is approved and a visa application that is refused.
