Partner Visa Eligibility
Subclass 300 – Prospective Marriage
Offshore
If you don’t have enough evidence showing that you have shared the same address for 12 months and your partner is offshore, a Prospective Marriage visa is better to apply. It is a temporary visa that remains valid for 9 months from the visa is granted.
- To be eligible for a Prospective Marriage visa, you must:
be sponsored; - be aged 18 years or over;
- have met (as adults) your intended spouse in person and know them. This must be the case even if:
– it is an arranged marriage;
– you and your sponsor met as children, and the marriage was arranged before you turned 18 years of age; or
– you met on the internet (exchanging photographs is not evidence of having met in person); - have no impediment to marrying your intended spouse, that is:
– you are both free to marry;
– you are both of marriageable age; and
– the intended marriage can be recognised under Australian law; - genuinely intend to marry your intended spouse;
- genuinely intend to live with your intended spouse as husband and wife; and
- meet health and character requirements.
Subclass 309/100/820/801/461
De Facto or Spouse relationship
If your application is based on marriage:
- you must be legally married to an Australian citizen, permanent resident, or eligible New Zealand citizen
If your application is based on a de facto relationship:
- you must have been in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen for at least 12 months before lodging your application (unless there are compelling or compassionate circumstances)
- you and your partner must both be at least 18 years old and must not be closely related
In all cases:
- you and your spouse/partner must be in a mutually exclusive relationship;
- that relationship must be genuine and continuing
- you and your spouse/partner must either live together or live apart temporarily only
The Australian citizen, permanent resident, or eligible New Zealand citizen sponsor, must:
- not have previously sponsored more than one other fiancé, partner, or spouse for migration to Australia within the last five years (unless there are compelling circumstances)
- not have been sponsored for a Spouse, Partner or Prospective Marriage visa by someone else within the last five years (unless there are compelling circumstances)
- have no criminal record.