Must I Marry My Partner to Apply for a Spouse Visa?
When considering applying for a Partner visa (Subclass 820/801 or 309/100), many couples assume that marriage is a mandatory requirement to meet. This common misconception leads some couples into marriage, thinking it’s the only way for them to be eligible for the spouse visa. We will be debunking this myth and suggesting some alternatives you can take to meet the partner visa requirements.
Is a Partner Visa a Spouse Visa?
A partner visa, also known as a spouse visa, de facto visa, or a marriage visa by a layperson, leads to permanent residence (PR) in Australia. An Australian Citizen, Permanent Resident, or eligible New Zealand citizen can bring their partner and build their lives together in Australia.
What are the requirements for applying for a Partner Visa?
To apply for a Partner Visa, you must show evidence that your relationship with your partner is genuine following the “Four Pillars”. As for de facto couples, you will have to be in a relationship for at least 12 months before applying for the visa.
Should I Marry My Partner to Apply for a Partner Visa?
If you have not yet met the 12-month relationship period, you can opt for the option to register your relationship instead of getting married. In most states, you aren’t necessarily required to be married to your partner to apply for a partner visa. We have some step-by-step guides on “How to Register My De Facto Relationship in NSW” and “All Australian States Requirements: Relationship Registration for Partners”.
However, some states, such as Western Australia (WA) and the Northern Territory (NT), do not offer official relationship registration schemes for de facto couples. If you are residing in these states, you have to be aware of the limitations and prepare for alternative evidence for your de facto relationship. It is best to consult an immigration lawyer for tailored professional advice.
Related:
Arranged Marriage & Partner Visas: How to Provide Genuine Evidence?
Sponsors with Criminal Conviction | Can My Partner Sponsor My Partner Visa?
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How Can Agape Henry Crux Assist
If you find the whole Partner Visa process confusing or you may be in complicated circumstances, Agape Henry Crux can provide professional guidance with our Accredited Specialist Immigration Lawyers. The team specialises in handling highly complex matters. You may schedule an appointment with one of our solicitors to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
