Spouse/de facto temporary and permanent residency visas (subclass 309/100/820/801)

Partners of an Australian citizen, permanent resident or eligible New Zealand citizen can be granted a temporary visa for a period of approximately two years. A permanent visa will then be granted if the relationship still exists and the applicant is still eligible.

Allows a married or de facto (including same-sex) partner of an eligible Australian or New Zealand citizen or permanent resident to enter or remain in Australia for a period of up to two years, followed by permanent residency once eligible.

There are a number of requirements that must be met, including:

• Be either married (opposite sex) or in a de facto relationship for a period of at least 12 months, with an Australian citizen or Australian permanent resident or eligible New Zealand citizen; OR
• Your de facto relationship was registered as a prescribed relationship in the relevant Australian state or territory legislation; and
• You must be 18 years of age and meet certain sponsorship criteria;
• The applicant must meet health and character requirements;
• Dependent family members can be included if they are eligible, and must also meet health and character requirements;
• The relationship must be genuine and continuing;
• You must both have a mutual committment to a shared life to the exclusion of all others.

NOTE: Same-sex marriages and civil partnerships are not legally recognised under the Australian migration program, therefore same-sex couples will need to show they have been living together for at least the past 12 months before they can apply OR meet bullet point two above. 

Please contact us for further information.