Migration Law Services

Partner Migration

The partner visa migrants must be sponsored or nominated by a husband/wife, partner or fiancé living in Australia. The sponsor must be either an Australian citizen, permanent resident or eligible New Zealand citizen, and would usually be 18 years of age or older. Migrants are selected on the basis of their relationship with their sponsor or nominator in Australia; there is no test for skills or language ability as for Skilled Stream migrants. Like all migrants, applicants are assessed on an individual basis and they are be assessed against Australia's health and character requirements.
Partners will be required to show evidence that you are in a relationship where you and your spouse or interdependent partner are mutually committed to each other to the exclusion of all others, that the relationship is ongoing and that you are living together or not separate or apart on a permanent basis.
Evidence required for these visas is very specific and detailed. In many cases you will be required to have an interview, and we will co ordinate this for you. These visas are more complex than they appear to be. There are many factors involved with lodging the applications either offshore (in another country) or onshore (in Australia).

Spouse/De facto

This visa usually involves 2 stages, the first being a temporary 2 year visa, and the second stage, after proving your relationship is still genuine and continuing after 2 years, permanent residence.

• You must be in a married or committed de facto relationship with an Australian Citizen, permanent resident or eligible New Zealand citizen
• You must be able to demonstrate that your relationship is genuine and continuing in a whole range of circumstances, using various means of evidence.
• Your partner must sponsor you
• De Facto spouses must have been in that relationship for 12 months prior to lodging the visa application.

Fiancé/Prospective Marriage

This visa involves 3 stages. The first being the Prospective Marriage temporary visa, the second stage, Temporary Spouse Visa and the third stage of Permanent Spouse Visa.

• This application can only be lodged outside Australia
• You must be engaged to be married to an Australian citizen, permanent resident or eligible New Zealand citizen, and intend to marry your fiancé
• Your partner must sponsor you
• Proof of your intended marriage
• You must be able to show that you have personally me and have a genuine intention to marry
• You will be required to marry within 9 months of the grant of the first stage to take place in Australia
• You may be asked to attend an interview

Interdependent partner

This visa category is for same sex relationships. As with a de facto application you will need to provide comprehensive evidence of the relationship. This application is processed in 2 stages. The first being the Interdependency temporary visa and the second being the Interdependency permanent visa.

• You and your partner must have a mutual commitment to a shared life to the exclusion of any spouse or any other interdependent relationships
• Your relationship is genuine and continuing
• You and your partner live together or don’t live separately and apart on a permanent basis and
• You and your partner have been in that relationship for a period of at least 12 months prior to application.