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Nexor Education & Migration Services

5 strickly requirements of the Partner Visa

Have you found your soulmate? Living together here in Australia can be a lovely pathway to get you a PR. But first, take a look at these vital requirements before making an application.

Partner Visas allow married couples to enter and remain in Australia with their partner. They are closely scrutinised by Australian Immigration and applications with poor evidence of the relationship will be refused.

1. Married or De facto - the relationship must be lawful and recognised as genuine

Your partner is your spouse or de facto partner of the same or opposite sex.
You can be:
– in a married relationship
– in a De facto relationship

A de facto (means “in fact”) relationship is one where you and your partner are not legally married to each other but:

– You are committed to a shared life excluding all others
your relationship is genuine and continuing
– You live together or do not live separately and apart on a permanent basis
– You are not related by family

Register a domestic relationship at; https://www.bdm.vic.gov.au/marriages-and-relationships/register-a-domestic-relationship

2. Onshore application - you must be in australia to apply for this visa

You must be in Australia when you apply for this visa and when they decide your temporary visa application (Bridging Visa).

Family members who apply with you must also be in Australia

3. Sponsored by partner - partner must be eligible Australian or Newzealand citizen or PR

You must be in a genuine relationship with your spouse or de facto partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

In most cases, you must be the spouse or de facto partner of an:

– Australian citizen
– Australian permanent resident or
eligible New Zealand citizen
Your relationship can be with someone of the same or different sex.

You might still be eligible for the visa if your relationship breaks down or your sponsor dies while we are considering your application. 

4. Two visa applications - you must apply for 2 visas 820 and 801 permanent visa

You must apply for the temporary (820) and the permanent partner (801) visas together.

– Subclass 820 Partner visa (Temporary)
This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia temporarily. 

Getting this visa is the first step towards a permanent Partner visa (subclass 801).

– Subclass 801 Partner visa (Permanent)
This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia permanently. 

It is usually only for people who currently hold a temporary Partner visa (subclass 820).

5. Living together - You must live together or temporarily separated

1. To be a married applicant:

– You and your spouse must both be committed to a shared life together to the exclusion of all others
– Your relationship with your spouse must be genuine and continuing
– You must live with your spouse or do not live apart on a permanent basis
– Your marriage must be valid under Australian law

2. To be a de facto partner:

– You must be in a de facto relationship.
– You are not married to each other
– You are committed to a shared life to the exclusion of all others
– Your relationship is genuine and continuing
you live together or do not live separately and apart on a permanent basis
– You are not related by family

Usually, your de facto relationship must have existed for at least 12 months immediately before you apply for the visa.

***Time spent dating or in an online relationship might not count as being in a de facto relationship.

At Nexor Education and Migration Services, our agents will work tirelessly to ensure your Partner Visa application meets the current and legislative Australian Migration policy criteria.

Call us to discuss which type of Partner Visa is most suitable for you and your partner.

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