If you are in a relationship or engaged to an Australian citizen, then you may be eligible to apply for Partner Migration.

Generally, in order to be eligible for Partner Migration, you must meet the following criteria:

• you and your spouse have a commitment to a shared life as husband and wife, whether or not you are legally married or in a de facto relationship, to the exclusion of all others

• your relationship is genuine and continuing

• you and your spouse live together, or do not live separately and apart on a permanent basis

• unless you are legally married, you must have been living together during this period

• generally, you both need to be aged 18 or over

•  you must pass health and character criteria.

The Partner Migration class of visas include the following:

Fiancé Visa
If you intend to marry an Australian citizen or permanent resident, you may be entitled to a fiancé visa.

Once a visa is granted to you, then you must marry within 9 months of your arrival then apply for a spouse visa.

Spouse/Partner Visas
If you are married to an Australian citizen or permanent resident or have been in a de facto relationship with one for at least 12 months, you may be eligible for a Spouse Visa.
 
Interdependency Visas (Same-Sex Couples)
 If you have been in an exclusive relationship with your partner for at least 12 months, you may be eligible for an interdependency visa.

Once your spouse visa is granted, you will be issued with an Extended Eligibility Temporary Visa. This will allow you to stay in Australia for 2 years and you will have full work rights during this period.

In some circumstances, you do not need to wait for 2 year period to expire before applying for permanent residence if you:

• have been in the relationship with your spouse for five years or more at the time of application; or

• if you have been in the relationship for two years where there are dependent children of the relationship; or

• if your spouse was granted a permanent visa under the humanitarian program or was granted a protection visa and was in the relationship with you before the visa was granted and this relationship was declared to DIMIA at the time.

After the two year period, you will be entitled to apply for permanent residence in Australia provided that your relationship is still genuine and continuing.

In some circumstances, you may be eligible for permanent residence even if the relationship has broken down before the end of the 2 year period. These circumstances include:

• If your spouse has died during this period; or

• If you and your Australian spouse have children under 18 years of age; or

• If you or your dependents have been subject to domestic violence during this period

Please feel free to contact our office via email or telephoneif you are wanting advice about the best way to proceed with your application, whether you and/or your partner are in Australia or overseas.

One of our Registered Migration Agents will respond to your inquiry within 2 business days with detailed information on which course of action would best suit your needs.