This page is a quick reference giving details of rights for partners in a relationship with an applicant or holder of an Australian visa.

The page is split into three secions:
- Including a Spouse in a Visa Application
- Partners in Relationships with Australian Permanent Residents or Citizens
- Partners in Relationships with Australian Temporary Residents

Feel free to send us an email inquiry if you require advice specific to your situation.

Including a Spouse in a Visa Application

Note that under Australian immigration law, a spouse can be included in a visa application if:
- You are legally married; or
- You have been living in a defacto spouse relationship

Note that only heterosexual relationships are recognised for the purposes of including partners in visa applications.

For a defacto spouse relationship, the period of cohabitation will depend on whether you are applying for a tempoarary or a permanent visa:
- Permanent Residence: you would need to show that you have lived together for at least 12 months, unless there are compassionate reasons (such as child of the relationship)
- Temporary Residence: if you show 6 months of living together, this is strong grounds for a defacto relationship existing.

Note that in general, you cannot be included in your partner’s application if you are engaged (in the absence of cohabitation) - however if you get married prior to the grant of the application, then you can be included in the application.

To be granted a visa as a spouse, you would need to meet health and character requirements, but otherwise not be required to meet the basic requirements for the visa.

Partners in Relationships with Australian Permanent Residents or Citizens

If your partner is applying for permanent residence, then you can be included in his or her application if you are married or have lived in a defacto spouse relationship for at least the last 12 months.

You would then have the same status as your partner - permanent residence.

If you are in a defacto spouse relationship of 12 months standing or married to an Australian citizen or permanent resident, then you can apply for a spouse visa. However, you would not in general become a permanent resident straight away. You would generally receive a temporary spouse visa, and only qualify for permanent residence once 2 years had elapsed from the initial spouse visa application.

If you are in a same-sex relationship with an Australian citizen or permanent resident, and have been living together for the last 12 months, you can apply for an interdependency visa. You would then be subject to a 2-stage process in applying for permanent residence, similar to that for a spouse visa noted above.

If you are engaged to an Australian citizen or permanent resident, and intend to get married in Australia, you can apply for a 9-month fiance visa.

Once in Australia on a permanent visa, or a temporary spouse, interdependency or fiance visa, you will have full work and study rights in Australia.

Special note for Business Migrant Visas: If you hold a business migrant visa as the spouse of a business migrant, then you could face cancellation of your visa if your spouse does not establish business interests in Austrlaia within the first 3 years of migrating to Australia. However, if you can show that you would experience hardship due to close ties formed in Australia, then it is possible to prevent cancellation of your visa.

Partners in Relationships with Australian Temporary Residents

The situation if you are in a relationship with a temporary resident or person applying for temporary residence is more complicated, and depends on the type of visa your partner holds.

Temporary Business Sponsorship

As a family member of a 457 visa holder, you would have full work rights. You would also be able to study in Australia. The sponsoring business will need to consent to you being included in the sponsorship.

Student Visa

As the spouse of a student visa holder, you would be able to apply for work rights of up to 20 hours per week. Note that unlike the person studying in Australia, you would not be able to work full time during semester break. You will not be able to study in Australia - in order to do so, you would need to apply for a student visa in your own right.

Working Holiday Visa

It is not possible to make a combined application for a working holiday visa - you would need to meet the requirements for citizenship, age and financial resources yourself in order to obtain a working holiday visa.

Provisional Business Visa

You would have full work and study rights whilst in Australia as the spouse of a provisional business visa.

Retirement Visa

You would be able to work for up to 20 hours per week whilst in Australia on a retirement visa. You would also be able to study whilst in Australia as the spouse of a retiree. If your spouse dies or your relationship ends during the validity of your retirement visa, then your retirement visa will remain in force. However, if this happens and you wish to renew your retirement visa, you will not be able to do so unless you yourself meet the requirements for a retirement visa.