You must be married or in a de facto relationship with:

• An Australian citizen
• An Australian permanent resident
• An eligible New Zealand citizen.

Your relationship must be genuine and ongoing and to the exclusion of all others.

If you are married, your marriage must be valid under Australian law. This means you must not be married to anybody else.

If you are not married, you must have been in a de facto relationship for at least 12 months. However, if you are not married and have been living together for less than 12 months you may still be eligible. Contact us for assistance with exemptions to the De facto criteria.

Soon after the subclass 820 (temporary partner visa) is approved, you will be able to apply for the Subclass 801 (permanent partner visa). You are expected to wait two years’ from lodgement od the subclass 820 before applying for the subclass 801. You will need to show that your relationship continues to be genuine and continuing.

Once the Subclass 801 (permanent partner visa) you will have permanent residency in Australia.

Similar to the subclass 820 and 801 process, once 2 years have passed since the lodgement of the subclass 309, you will be able to lodge your subclass 100, which will provide you with full permanent residency. You will also need to prove that your relationship is genuine and continuing an the exclusion of all others.

Please note that same sex marriage is legal in Australia and if this is your circumstance, we can help you get your partner visa.