ASTUTE

partner visa

Partner Visa Options

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.

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