There are two types of partner category visas: partner visa and prospective marriage visa. The type of visa for which you should apply depends on the type of relationship you are in.
Partner visas are available to people who are married to, or in a de facto relationship with an Australian partner (the sponsor). The application can be made in or outside Australia.
Partner visa applicants must:
have a mutual commitment to a shared life together, to the exclusion of all others
have a genuine and continuing relationship
live together or not live separately and apart on a permanent basis.
Married visa applicants must also show that their marriage is valid under Australian law.
De facto visa applicants must show that they are not related by family, and that their relationship has existed for at least 12 months immediately before lodging the application.
A partner visa applicant submits one application form and pays one visa application charge but the Department assesses the application in two stages. A temporary partner visa is granted at first stage, and the permanent visa is granted at second stage.
Generally, the permanent partner visa is granted two years after the application is made, if the couple is still in a married or de facto relationship. If the couple is in a long term relationship when they lodge the application, the two year period does not apply. A long term relationship is one that has existed for at least three years, or two years if the couple has a child.
In certain circumstances, it might be possible to grant the permanent partner visa sooner than two years, for example, if the relationship breaks down and the applicant has a dependent child or the applicant or dependent child has suffered family violence committed by the sponsor.
A partner visa applicant may be able to include certain members of their family unit in their application. This however, will depend on where the applicant and family member is at the time of application and whether the visa applicant has been granted the temporary visa or not.
