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If you are in a de facto relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen, then you may be eligible for a Partner Visa on the basis of their sponsorship.
You may be eligible to apply if you and your partner:
Some of the factors that the Department of Home Affairs takes into account in deciding whether partners meet the requirement are:
Both the applicant and sponsoring partner must complete the application for a De Facto Partner Visa. First, applicants must apply for a Temporary Partner Visa, whether they are inside or outside of Australia. This Visa will allow you to stay in Australia and to travel, work and study.
The most crucial requirement for obtaining a Temporary partner visa through a de-facto application is to satisfy the 1 year relationship requirement or Register the relationship with the relevant bodies in the State where you reside.
In some circumstances, the 12 months relationship requirement can be exempted if you:
Following the grant of your Temporary Partner visa it takes two years from the date of application lodgement to be granted Permanent Residence provided that you are still in a relationship with your sponsoring partner.
You may be entitled to make a request to waive this 2-years waiting period before obtaining permanent residence in certain circumstances, including:
It is possible to apply for Partner Visa on de-facto grounds if one person is still legally married to a third party in some circumstances (e.g. while one of the parties is awaiting a divorce).
All the general requirements, including health and character checks, minimum age of 18 years & Australian values statement must also be met in order to apply for a Partner visa under the de-facto relationship regime.
As each relationship is different, Point Migration Agency will be able to assist each applicant in compiling the most relevant evidence for each application.
The government charges for visa applications can be found here.
Which visa is right for you?
Contact us at the Point Migration Agency team office or submit a query online
Prospective Marriage Visa Subclass 300 allows fiancés of Australian citizens, Australian permanent residents or eligible New Zealand citizens, to enter Australia for 9 months to marry their fiancés. These are temporary visas only and can only be applied for by offshore applicants.