Partner & Family Visas
Partner Visa (Apply Overseas) (Subclass 309 and 100)
You must be overseas when you apply for this visa and may be in or outside Australia when DHA decides your application. With this visa, you can enjoy the same social benefits as Australian citizens.
- Married applicants
- Legal marriage: generally speaking, as long as it is a legal marriage in other countries, it is recognized in Australia.
- Genuine relationship with spouse: the relationship must be genuine and continuing, and the two parties must live together at the time of lodging the application, or only temporarily separate;
- De facto partner
- Aged 18 years and above;
- No family relationship or adoptive relationship between the applicant and the sponsor (including an adoptive relationship that has been declared invalid or terminated);
- The de facto relationship must have existed for at least 12 months immediately before the applicant applies for the visa. And the relationship is genuine and continuing. They must live together when the application is submitted, or only temporarily separated.
Requirements for sponsor
- The sponsor must be an Australian citizen, an Australian permanent resident or a qualified New Zealand citizen;
- The sponsor must be 18 years old and above; if it is a married applicant who is 16 or 17 years old, his or her partner should be sponsored by his or her parents or guardians, and the sponsor must also meet the age and identity requirements;
- If you’re granted a Contributory Parent Visa after June 1, 2009, and you and your partner were married or started a De facto partner relationship before the date of granting that visa, then you can not sponsor your partner within 5 years of your visa issuance.
Sponsorship restrictions (cannot include any of the following)
- You have sponsored 2 partners to immigrate to Australia (including the sponsorship that you have withdrawn after your partner obtained permanent residence due to family violence)
- It has been less than 5 years since you sponsored your last partner;
- You have obtained a visa through the sponsorship of your partner, and it has been less than 5 years since your visa was granted;
- You currently hold a Woman at Risk Visa(subclass 204);
- You’re convicted or paid a fine for harming a child.