Australian Spouse & Partner Migration
The Australian Partner visa is one of the most important pathways for couples who want to build their lives together in Australia.
It allows the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to apply to live in Australia. The Partner visa program recognises married couples, de facto couples and same-sex couples, provided the relationship meets the relevant Australian migration requirements.
For couples, however, a Partner visa is about much more than completing an application form. A successful application requires careful consideration of the relationship, the evidence available to support it, the applicant's personal circumstances and the requirements that apply to the particular visa pathway.
Planning to Bring Your Partner to Australia?
If you are considering an Australian Partner visa, speak directly with Andrew Graham, Registered Australian Migration Agent (MARN 1067354), to discuss your relationship, visa options and the evidence you may need to support your application.
Contact Graham-Nguyen & Associates to arrange a consultation →
Who Can Apply for an Australian Partner Visa?
Partner visas are available to people who are in a genuine relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
The relationship may be:
a marriage; or
a de facto relationship.
Australian migration law also recognises same-sex relationships in the same way as other relationships. The important question is whether the relationship satisfies the applicable legal requirements and can be supported by appropriate evidence.
Being married does not, by itself, guarantee that a Partner visa will be granted. Similarly, being in a de facto relationship does not automatically prevent an application from succeeding.
The Department of Home Affairs will consider the circumstances of the relationship and the evidence provided to demonstrate that it is genuine and continuing.
How Does the Australian Partner Visa Work?
The Partner visa program generally operates in two stages.
The first stage is the temporary Partner visa. Once granted, this provides the applicant with the right to live in Australia and generally allows them to work and study without restriction.
The second stage is the permanent Partner visa, which provides Australian permanent residence.
In some circumstances, applicants who have been in a long-term relationship may be eligible to have the permanent stage assessed without the usual waiting period between the temporary and permanent stages.
The exact pathway depends on the circumstances of the applicant and their relationship.
Onshore and Offshore Partner Visas
Whether a Partner visa applicant should apply from Australia or outside Australia can depend on their current visa, location, travel plans and individual circumstances.
For a detailed discussion of the issues to consider, see our guide:
Onshore or Offshore Partner Visa: Which Australian Partner Visa Is Right for Me?
Proving a Genuine Relationship
One of the most important parts of a Partner visa application is demonstrating that the relationship is genuine and continuing.
The Department of Home Affairs considers the relationship as a whole, including the couple's financial, household, social and personal circumstances. The evidence required will depend on the nature and history of each relationship.
A strong application should present a consistent picture of the couple's life together and address any circumstances that may require further explanation, such as periods of living apart, a recently established relationship or limited documentary evidence.
There is no single piece of evidence that proves a relationship is genuine. The important issue is whether the evidence, considered as a whole, supports the relationship described in the application.
For a more detailed discussion of relationship evidence and the Partner visa process, see our Australian Partner Visas: Understanding Spouse and De Facto Migration to Australia guide.
Married Couples and De Facto Relationships
Marriage is not the only way to qualify for a Partner visa. Australian migration law also recognises de facto relationships.
Similarly, being in a de facto relationship does not necessarily require a couple to have lived together for a particular period of time. Living together is one factor that may be considered when assessing a relationship, but it is not the only consideration. The Department looks at the circumstances of the relationship as a whole.
If you and your partner have never lived together, this does not necessarily mean that you cannot establish a de facto relationship. The circumstances of the relationship need to be considered as a whole, including the reasons for living apart and the evidence available to support the relationship. For more information, see our Do My Partner and I Need to Live Together to Prove a De Facto Relationship? guide.
What About Children?
Eligible dependent children may, in appropriate circumstances, be included in a Partner visa application.
The rules concerning dependent children can be more complicated where a child is older, where there are previous relationships involved, or where the child does not live with the visa applicant.
For more information, see our Who Can Be Included in an Australian Visa Application? Understanding Dependents and Family Members guide, which explains the rules concerning dependent children and other family members.
Common Issues With Partner Visa Applications
Partner visa applications can become complicated for a number of reasons.
Some common issues include:
limited evidence of a couple's shared life;
periods of living apart;
recently established relationships;
previous marriages or relationships;
children from previous relationships;
differences between information provided in previous visa applications and the current application;
previous visa refusals or immigration problems;
criminal records or character concerns;
uncertainty about whether a relationship qualifies as de facto; and
uncertainty about whether the applicant should apply onshore or offshore.
For a more detailed discussion of some of the common issues that can arise in Partner visa applications, see our guide: Common Problems With Australian Partner Visa Applications.
Criminal records and other character issues can be particularly important in Australian visa applications. For more information, see our Australian Visa Character Requirements: Understanding the Character Test guide.
Planning Your Partner Visa Application
It is not necessary to wait until you are ready to lodge a Partner visa application before obtaining advice.
For couples who are planning to move to Australia in the future, early planning can be extremely useful.
This gives you an opportunity to identify any potential problems, understand what evidence will be important and start building a strong documentary record of your relationship.
It can also help couples make informed decisions about when to marry, whether to apply onshore or offshore, how to manage travel while an application is being processed and how to deal with other family or visa circumstances.
The earlier these issues are considered, the more options you may have.
How Graham-Nguyen & Associates Can Help
Partner visa applications require more than simply completing the Department of Home Affairs application form.
At Graham-Nguyen & Associates, we assess the circumstances of the relationship as a whole and consider how the available evidence supports the requirements of Australian migration law.
This can include reviewing relationship evidence, identifying gaps in the documentation, advising on additional evidence, considering potential eligibility or character issues, and helping prepare a coherent and persuasive application.
Based in Singapore, Graham-Nguyen & Associates provides Australian spouse and partner migration advice and assistance to clients in Australia and throughout South-East Asia, India and Pakistan, as well as clients across North America, Africa and Europe.
Wherever you are located, we can assist you in assessing your Partner visa options, understanding the requirements and preparing your application.
If you would like to discuss your Partner visa circumstances, contact Graham-Nguyen & Associates to arrange a consultation.
Planning to Migrate to Australia With Your Partner?
Every relationship is different, and there is no single approach that works for every Partner visa application. Understanding the evidence required, the appropriate visa pathway and the circumstances of your relationship can be important before you proceed.
At Graham-Nguyen & Associates, all migration matters are personally managed by Andrew Graham, Registered Australian Migration Agent (MARN 1067354). Your Partner visa matter is not outsourced to other migration agents, unregistered advisers or external parties. You receive advice directly from the registered migration agent responsible for your matter, with your case personally managed throughout the migration process.
If you would like advice about your circumstances or your Partner visa options, submit an enquiry or email us at enquiries@graham-nguyen.com to arrange a consultation.
Further Reading
Understanding Australian Partner Visas
Australian Partner Visas: Understanding Spouse and De Facto Migration to Australia — our comprehensive guide to Australian Partner visas, including eligibility, relationship requirements, evidence and common issues.
Relationship and Partner Visa Issues
Can I Apply for an Australian Partner Visa If My Partner Is Still Legally Married to Someone Else? — understand how a Partner visa application may be affected when your partner is still legally married to another person.
Do My Partner and I Need to Live Together to Prove a De Facto Relationship? — understand how living arrangements, long-distance relationships and other circumstances may affect the assessment of a de facto relationship for Australian migration purposes
Other Issues That May Affect Your Application
Australian Visa Character Requirements: Understanding the Character Test — information about criminal records, police certificates and Australia's character requirements.
Who Can Be Included in an Australian Visa Application? Understanding Dependents and Family Members — understand how spouses, partners and dependent children are treated in Australian visa applications and what happens when family circumstances change.
Why Evidence Matters in an Australian Visa Application — understand why the quality and relevance of supporting evidence can be critical to a successful Australian visa application.
Your Story Matters — But So Does the Evidence: The Role of Objectivity in Family Migration — understand why emotion and evidence play different roles in a family migration application, and why taking an objective approach to the evidence can help identify gaps, issues and requirements before you lodge.