Please note that De facto and same-sex relationships (interdependent) are recognised for Australian visa purposes where the partners are not legally married to each other, but live in a spouse-like relationship.
If applying on the basis of a de facto relationship, the partners should have been living together in the relationship for at least 12 months at the time of application unless you have dependent children from the relationship (in which case the 12 months is not necessary).
All applicants go through a two-stage process. The process involves applying for a temporary visa and a permanent visa. At the first stage the temporary visa application will be considered. The second stage involves the permanent visa application two years after making the application.
Stage 1 – Spouse Temporary Australia Visa
This stage involves assessing your eligibility for a temporary visa. You will need to establish that your relationship is genuine and continuing, and you are not living separately and apart on a permanent basis. Successful applicants are given a 2-year temporary (probationary) visa before they are eligible for a permanent spouse visa. The 2-year probationary requirement can be waived if there is a long-term relationship of at least 5 years duration or 2 years if there is a dependent child (other than a step-child) of both the applicant and Australian sponsor.
You may be asked to attend an interview to enable the Australian Immigration Department to assess your application in person. We can prepare your application and also represent you at that meeting which some applicants can find stressful without representation. You will also be asked to undergo a medical examination and provide character clearances. If you successfully complete the first stage of processing, you will be granted a temporary visa that will be valid until a decision is made on your application for the permanent visa.
Stage 2 – Spouse Permanent Visa
This stage of processing will begin two years after your temporary visa application is granted and involves assessment of your eligibility for a permanent visa. There are provisions to waive the two-year waiting period (see above).
At this stage, you will again be required to prove that the relationship between you and your spouse is genuine and continuing. If you have lived in Australia for more than one year, you will also be required to provide an Australian police clearance. You may also be required to provide clearances from other countries you have visited since your spouse temporary visa was granted. You and your spouse may be asked to attend an interview.
If you meet all the requirements you will be granted a permanent visa.
Please contact our office for further detailed information on this Australian visa including the fees & costs, timing supporting documents & application forms & other requirements to make a valid Australian visa application.