To be qualified for a Partner Visa you are to be married to, or in a de facto (common law) relationship, with a citizen or permanent resident of Australia. Same sex or interdependent partners are also eligible.
Under the Partner Visa, your partner must sponsor you for at least 2 years. After this, if the relationship is still genuine and ongoing you may be pertinent for permanent residence.
For applying for the Partner Visa on the marital basis, you are to be legally married to your Australian partner and sponsor. If you apply from outside Australia, it is needed to be legally married to your partner at the time of application or have an intention to legally marry your partner before a decision on the temporary Partner Visa is made.
– A proof of your legal marriage and evidence of a mutual commitment and shared life will be required; and
– The minimum health and character requirements designated by the Australian Department of Immigration and Border Protection (DIBP) are to be met.
De facto partners are to demonstrate they have been in a de facto relationship for 12 months immediately prior to submitting their application. In their application they are also to show proof that their relationship is genuine and continuing, and that they live together and do not live separately and apart permanently.
Partner Visa Application Process
Applying for a Partner Visa includes 2 stages. You apply for both a temporary and permanent visa in the one application at the same time.
Temporary Partner Visa
Submitting your application outside Australia, you must be outside Australia when the temporary visa is granted. If you submit your application in Australia, you must be in Australia when the temporary visa is issued.
If you are issued a temporary visa, you will:
– Get permission to travel to and from Australia til a decision is made on your permanent visa application; and
– Be able to work in Australia.
Permanent Partner Visa
Submitting your partner application outside Australia, you may be either in or outside Australia when the permanent visa is issued. If you submit your application in Australia, you must be in Australia when this visa is issued.
Mostly, permanent residence cannot be issued less than 2 years from submitting your application. Still, you may be issued a permanent visa without fulfilling the usual waiting period of 2 years if you meet certain criteria at the time you apply.