Australian citizens and permanent residents can sponsor their partners (including same-sex partners) to apply for a Partner Visa. Partner Visas are available to people who are engaged, married, or have lived together in a de facto relationship for at least 12 months.
Types of Visa for Couples
Marriage Engagement Visa
The Engagement Marriage visa allows people who are engaged to an Australian citizen or permanent resident to come and marry in Australia. This visa is valid for 9 months and has full work rights. After you are married, you can apply for a provisional visa and then a permanent couples visa. When applying for the visa, and when the decision is made, you must be outside Australia.
After applying for the Engagement Marriage visa, you can travel to Australia on a Tourist visa or some other type of visa to visit your partner while the Engagement Marriage visa is being processed.
Provisional Visa for Couples and Permanent Visa for Couples
The Provisional Couples visa allows Australian citizens or permanent residents who are married or in a de facto relationship with non-Australians, to sponsor their partner (including same-sex partners) to migrate to Australia. This visa has full employment rights and gives you free access to public health systems. In most cases, the visa is granted for 2 years, and if after two years the marriage or de facto relationship continues, a permanent residence is granted.
If you and your partner have been married for more than 3 years or have children, you will be able to receive a Partner visa that is permanent from the first application.
To apply for a Partner visa, you need to prove that the relationship is genuine and that you are committed to making a life together to the exclusion of all other people.
While the legal criteria are simple, the evidence required to show that the relationship is genuine and that they are committed to a life together can be complex. Decisions are not made on the basis of any document such as a marriage certificate that could be fraudulent, or the amount of evidence, but rather involves the Case Officer forming a subjective opinion based on the documentation and authenticity of your relationship.
Checking a de facto Relationship
To comply with the rules for applying for a de facto Relationship visa, you need to prove that you have lived with your partner in a genuine relationship for at least 12 months prior to applying for the visa. You are considered to be in a de facto relationship with another person if:
- They have a mutual commitment to a shared life and to the exclusion of all other people;
- the relationship is authentic and continuous; and
- have lived together or do not live separately and permanently apart.
Dream Way Services
Given the possible confusion when deciding which type of visa is best for you according to your circumstances, we strongly advise you to book a consultation with Dream Way.
During the consultation, we will advise you to decide which visa is best for you depending on the personal and special circumstances of your relationship. In the same way, we will discuss the types of evidence that you need to successfully apply for sponsorships and Couple visas; We will discuss the application times and the cost implications of your different options.
If you and your partner are in different places, the legal consultation can be carried out by videoconference and at the end, we will issue you a confirmation of your case in writing.
By signing a contract with Dream Way, we will work in a personalised way with you and thus prepare a sponsorship and an application with the highest possible levels of quality. We will help you compile evidence of your relationship that shows that you and your partner meet the necessary criteria for the visa. A professionally prepared application is the best way to ensure that your application will be received favourably9]0-\ by the Australian Government.
If you want to apply for a Couple visa or want more information, we invite you to contact us at Dream Way, or to book a consultation with one of our immigration agents or lawyers.