Spouse Migration

Partner Migration

To be granted residency in Australia under the Partner Migration Program the applicant must apply under one of the following categories:

1. Spouse (Provisional) visa - under this category of visa the applicant demonstrates he/she is legally married to an Australian citizen or permanent resident or has resided in a defacto relationship with an Australian citizen or permanent resident for a period of at least 12 months before application. At the end of a two year provisional period, the applicant needs to demonstrate his/her relationship with the Australian citizen or permanent resident is still ongoing and genuine.

2. Prospective Marriage (Temporary) visa - the applicant demonstrates he/she is formally engaged to be married to an Australian citizen or permanent resident and that they intend to marry within 9 months of the date of grant of the Subclass 300 visa. After the marriage has taken place a further application is lodged in Australia for grant of the Spouse (Provisional) visa.

It must be demonstrated that the relationship is genuine and continuing. The couple must also demonstrate they have a mutual commitment to a shared life as husband and wife to the exclusion of all others. If an application is being made on the basis of marriage, the marriage must have been legal.

It is also possible for an applicant to apply for Partner Migration if they are in a same sex relationship with an Australian citizen or permanent resident. The couple must demonstrate they have resided in a defacto relationship for a period of at least 12 months.