One of the most common questions we receive at VisaTasker is whether someone is eligible for an Australian Partner Visa. The answer depends on several factors, including the nature of your relationship with your Australian sponsor. In this guide, we explain the eligibility criteria for Partner Visas, covering married couples, de facto relationships, and registered relationships.
Types of Relationships That Qualify for a Partner Visa
The Australian Partner Visa program recognises three main types of relationships: marriage, de facto relationships, and registered relationships. Each has specific requirements that must be met for you to be eligible.
Married Couples
If you are legally married to an Australian citizen, permanent resident, or eligible New Zealand citizen, you may be eligible for a Partner Visa. The marriage must be valid under Australian law, which generally means it must be recognised in the country where it took place and comply with Australian legal requirements.
For married applicants, there is no minimum timeframe for how long you need to have been married before applying. However, you will still need to demonstrate that your relationship is genuine and continuing, with evidence across multiple categories including financial, household, social, and commitment aspects.
De Facto Relationships
De facto couples may also apply for a Partner Visa, but there are additional requirements. Generally, you must have been in a de facto relationship for at least 12 months before lodging your application. This means living together on a genuine domestic basis in a committed relationship.
Some applicants may be exempt from the 12-month cohabitation requirement if they have a child together from the relationship, if the relationship is registered in an Australian state or territory, or if there are compelling and compassionate circumstances affecting an Australian citizen, permanent resident, or eligible New Zealand citizen.
Evidence of a de facto relationship typically includes joint financial arrangements, shared household responsibilities, social recognition of the relationship, and a mutual commitment to a shared life together.
Registered Relationships
If your relationship is registered under Australian state or territory law, this is known as a registered relationship. Registration provides formal recognition of your relationship and may exempt you from the 12-month de facto cohabitation requirement.
Each Australian state and territory has its own relationship registration scheme with specific eligibility requirements. Generally, both partners must be at least 18 years old and not be in another registered relationship or marriage.
Sponsorship Requirements
In addition to demonstrating an eligible relationship, there are requirements for the sponsoring partner. The sponsor must be an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen. The sponsor must also be approved by the Department of Home Affairs.
There are limitations on how many times a person can sponsor a partner for a visa. Generally, a person can sponsor up to two partners in their lifetime, with a minimum of five years between each sponsorship. There may be exceptions in compelling circumstances.
What Evidence Do You Need?
Regardless of your relationship type, you will need to provide comprehensive evidence that your relationship is genuine and continuing. We recommend gathering evidence across these four categories: financial aspects such as joint bank accounts and shared expenses, the nature of your household including shared living arrangements and household duties, social aspects including photos, statutory declarations from friends and family, and evidence of commitment including future plans and joint decision-making.
Common Eligibility Issues
Some applicants face challenges with Partner Visa eligibility. These include not meeting the 12-month de facto requirement, relationship concerns where the Department questions whether the relationship is genuine, sponsorship limitations where the sponsor has previously sponsored other partners, and Schedule 3 issues where the applicant was unlawful in Australia at some point.
If you have any concerns about your eligibility, we strongly recommend seeking professional advice before lodging your application.
Disclaimer: This is general advice only and may not apply to your specific circumstances. For personalised guidance on your visa application, please book a consultation with one of our registered migration agents at visatasker.com
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Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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