If you are in a relationship with an Australian Citizen or Australian Permanent Resident or Eligible New Zealand Citizen and wish to live in Australia with your partner, then a Partner or Fiancé visa may be appropriate for you.
All applicants are required to demonstrate that their relationship is genuine and continuing. This can be established through demonstrating financial commitment, social acceptance, emotional support and the nature of the household.
Initially you may be granted a temporary visa which is valid until a decision is made on the permanent partner visa. If the relationship is still ongoing 2 years after applying for the partner visa, a permanent visa may be granted. In certain circumstances you may be eligible for the permanent visa directly; this will be conditional of establishing a long term relationship or having children.
Your marriage must be recognised under Australian Law. Marriages conducted in a country other than Australia which are recognised in that country are generally recognised under Australia Law.
De Facto Couples (including same-sex couples)
De facto relationships (Heterosexual or same-sex couples) generally require couples to be living together for at least 12 months before applying. A couple in a de facto relationship may have the ability to also register their relationship and this may relax the strict 12 month living together requirement.
If you have been living together for 12 months or longer, conditional of the relationship being mutually exclusive, it still may be possible to apply on de facto grounds even if either party is still legally married to a 3rd party, for example awaiting a divorce.
Fiance or Prospective Marriage Visa
This visa is for Australian citizens, permanent residents or eligible New Zealand residents to bring their prospective spouse to Australia before getting married. You must have met your intended spouse in person and know them personally. This visa must be lodged offshore and the applicant must be offshore at time of lodgement. It is a temporary visa granted for 9 months in which the applicant is expected to marry after entering Australia. Once the marriage has taken place, an application for onshore partner visa can be made.