Harmony Immigration Consultancy



Suite 3.09, 365 Ltl. Collins St. Melbourne, VIC 3000 03 9600 2436

Spouse, De Facto and Fiancé/Prospective Marriage Visas

Persons that are in a genuine relationship with an Australian citizen, permanent resident or eligible New Zealand citizen may be eligible for a partner visa. They must either be married, have lived together in a de-facto relationship or intend to marry their partner.

Spouse

This visa allows the holders to remain in Australia indefinitely. The visa applicants need to be sponsored by their Australian partner. It is essential to provide credible evidence to support your claim, as the immigration officers will need to be satisfied that you are in a genuine relationship.

Clauses 820.211(2) & 309.211(2) provide for a spouse or de facto partner, the requirements for which have been split between Migrations Act 1958 and Migration Regulations 1994.

Relevant provisions include:

•	s5F of the Act - definition of spouse
•	regulation 1.15A - factors for assessing spouse relationships
•	s5CB of the Act - definition of de facto partner and de facto relationship
•	regulation 1.09A - factors for assessing de facto relationships
•	regulation 2.03A - relationship period and age requirement for de facto relationships.

To be eligible for a spouse visa, you must have married your partner and your marriage must be legal under Australian Law.

De facto

You will need to show evidence that you have lived together for the last 12 months (a joint lease or correspondence sent to you at the same address).

If you are married, you do not need to show 12 months of cohabitation, but will need to show that you are currently living together. If you have had your relationship registered in an Australian state or territory, you would be similarly exempt from this requirement.

Fiancé/Prospective Marriage

This visa is for persons seeking entry to Australia:

•	To marry, after their first entry to Australia, the Australian citizen, Australian permanent resident or eligible New Zealand citizen who is their prospective spouse (either party is also called ‘fiancé/e’) and
•	With a view to remaining permanently.

This visa allows the holder to travel to, enter and remain in Australia for 9 months. Policy intends that, after marrying their prospective spouse, the visa holder apply for a Partner visa.

Clause 300.214 requires the couple to have met. It is a policy requirement that the parties have met as adults and in person.

In Harmony Immigration Consultancy we know that every case is different and couples have their own story, give us a call so we can broaden your choices and we will be able to help you finding the right visa that suits your needs (03) 9600 2436


		info@harmonyimmigration.com.au Suite 3.09, 365 Little Collins St. Melbourne VIC 3000 03 9600 2436

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