It is possible to bring your partner into Australia – providing you comply with the appropriate rules.

Broadly speaking, the regulations recognise several different categories of partner or prospective partner

• Legal marriages (note: Australia at this time does not recognise same-sex marriages though same-sex partnerships can be progressed as below)

• De-facto partnerships (sometimes called ‘common law’ marriages) including same-sex relationships

• Fiancées/Fiancés.

Note that applications are restricted to marriages or partnerships that are recognised under Australian law. Under-age marriages, polygamous (polygynous or polyandrous) marriages and ‘correspondence relationships’ are examples of social positions that might not qualify under law.

Visas are currently allocated on a temporary then permanent basis – with both applications being made at the same time. Permanent residence status through these visas usually takes around 2 years to achieve.

Basic Principles

One of the partners must be an Australian Citizen, someone with permanent residency rights or an eligible resident New Zealand Citizen.

You will need to provide evidence that your marriage or partnership has been in place for a minimum of twelve months and time dating does not usually count.

You may need to provide multiple sources of evidence that you have lived together for the majority of that period or that any periods apart were for acceptable reasons.

There may be some exceptions to the requirements, for example, if you have dependent children with an Australian citizen and they have died leaving you as the primary carer etc.

Important Point

The Department of Immigration and Border Control applies strong controls in this area, as it is one visa application route that has been subject to misuse in the past.

As a result, it is important to make sure your application is lodged correctly and with all required supporting documentation.

That’s why using an experienced Migration Agent is highly advisable – and why you should contact us to find out more.

 

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