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  • Writer's pictureSteven Khanlou

How to Meet Relationship Requirements for a Partner Visa in Australia

Curious about the relationship criteria for a partner visa? At We Access Global Migration, we've addressed your queries by publishing this informative article. Increase your understanding and improve your chances of visa success by delving into our insights!



Understanding the Basics:

To apply for a partner visa in Australia, you must meet specific relationship requirements. Whether you're married or in a de facto partnership, certain criteria must be fulfilled to be eligible for the visa.

 

Eligible Relationships:

You qualify for a partner visa if you are the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen. This applies both at the time of application and when your application is being assessed. Importantly, this relationship can be with someone of the same or different sex.

 

Support for Victims of Domestic Violence:

If you're experiencing domestic and family violence, assistance is available. You can apply for consideration to be granted a temporary and permanent visa under special circumstances.

 

Criteria for Married Applicants:

If you're married, your marriage must be valid under Australian law. Additionally, you must have a genuine and continuing relationship with your spouse, excluding all others. You must either live together or not live permanently apart and must not be related by family.

 

Verification of Marriage Validity:

To determine if your marriage is valid under Australian law, contact the relevant state or territory agency for births, deaths, and marriages.

 

De Facto Partnership Requirements:

For de facto partnerships, you must meet specific criteria. You and your partner must not be married to each other but must share a mutual commitment, excluding all others. Your relationship must be genuine and continuing, and you must either live together or not live permanently apart. Additionally, you must not be related by family.

 

Duration of De Facto Relationship:

Typically, you must be in a de facto relationship for at least 12 months immediately before applying for the visa. However, time spent dating or in an online relationship may not count towards this requirement.

 

Exemptions from the 12-Month Requirement:

There are exceptions to the 12-month requirement. It may not apply if compelling and compassionate circumstances exist, justifying the granting of the temporary Partner visa (such as subclass 820). Additionally, exemptions apply if:

 

  1. Your partner holds or held a permanent humanitarian visa.

  2. Your de facto relationship existed before their visa was granted, or your partner informed authorities about the relationship before their visa was granted.

  3. You are in a de facto relationship with a partner who is applying for a permanent humanitarian visa.

  4. You have registered your relationship with an Australian authority, such as a registry of births, deaths, and marriages.


Conclusion:

Understanding and meeting the relationship requirements for a partner visa in Australia is essential for a successful application. Whether you're married or in a de facto partnership, ensuring you fulfill all criteria and seeking guidance if needed can greatly improve your chances of obtaining the visa.


Book a consultation with We Access Global Migration to receive personalized assistance tailored to your needs. We look forward to welcoming you to our office soon!

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