Partner Immigration to Australia - Spouse Visa

Visa Criteria

1. you and your spouse have a commitment to a shared life as husband and wife, whether or not you are legally married, to the exclusion of all others;
2. your relationship is genuine and continuing; and
3. you and your spouse live together, or don't live separately and apart on a permanent basis.
4. unless you are legally married, you must have been in a spouse relationship for the last 12 months, which usually involves showing that you have lived together during this period
5. generally, you both need to be aged 18 or over.
6. you must pass health and character criteria.

How do I apply?

Visa Conditions and Duration

In some circumstances, there will be no necessity to wait the 2 year period 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 still continues.

In some circumstances, you may be eligible for permanent residence even if the relationship has broken up 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

You may wish to send us an email inquiry asking for advice about the best way to proceed with your application. When applying for partner migration, there are a number of options available in terms of visa categories and whether the application is lodged 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.