How to Apply for an Australian Partner Visa: Evidence You Need

In this article we will cover everything you need to know about applying for partner visas in Australia. This guide covers the different types of partner visas, necessary documents, common challenges, and helpful tips for strengthening your application.

Partner Visas in Australia: Two Key Types

In Australia, “partner visas” typically refer to visas where one partner is either an Australian citizen, permanent resident, or an eligible New Zealand citizen. This type of visa differs significantly from a visa that partners of temporary visa holders may apply for, such as dependent visas linked to student or sponsored work visas. Here, we’ll focus on partner visas sponsored by an Australian resident.

Onshore vs. Offshore Partner Visas

There are two main categories of partner visas:

1. Onshore Partner Visa (Subclass 820/801): For applicants who are already in Australia. Applying onshore often provides benefits such as a bridging visa that allows you to work, study, and access Medicare while awaiting your visa decision.
2. Offshore Partner Visa (Subclass 309/100): For applicants applying from outside Australia. Though you may face separation from your partner while your application is processed, this visa ultimately provides a pathway to permanent residency as well.

When you submit a partner visa application, you’re actually applying for both a temporary and a permanent visa at once. The Department of Home Affairs assesses the temporary visa (either 820 or 309) first, ensuring that the relationship is stable and genuine before granting the permanent visa (801 or 100).

Choosing the Right Visa

An onshore visa often provides more convenience and benefits, but it may not be available for everyone based on factors like nationality or current visa status. Consulting with a migration agent or lawyer helps ensure you choose the best pathway based on your circumstances.

Defining Your Relationship: Marriage vs. De Facto

For a partner visa, you must be either married or in a de facto relationship:

• Marriage: Simply provide a valid marriage certificate. There’s no requirement to have been married for a specific amount of time, but you still need to provide evidence of cohabitation, financial sharing, social recognition, and mutual commitment.
• De Facto Relationship: In this case, you should have been living together for at least 12 months, sharing finances, being socially recognized as a couple, and committed to your shared future. Some states in Australia also allow de facto couples to register their relationship, which can serve as proof of commitment even if you haven’t lived together for the full 12 months. One way to make your relationship official is to register it in your state or territory. You can’t do this in the Northern Territory or Western Australia. 

Where to Register your relationship

ACT : Register or terminate a civil partnership on the Access Canberra website.
NSW: Apply to register a relationship in New South Wales on the Services NSW website.
QLD: Registering a civil partnership on the Queensland Government website.
SA: Register a relationship on SA.GOV.AU
TAS: Register your significant relationship on the Justice Tasmania website.
VIC: Use the births, deaths and marriages website to register a domestic relationship in Victoria.
Australian state or territory law doesn’t recognise relationships registered in other countries. You can still use this evidence to show you and your partner are in a de facto relationship.

Documenting Your Relationship: Key Evidence Categories

For a successful partner visa application, you’ll need to gather substantial evidence in these areas:

1. Cohabitation: Demonstrating that you live together is essential. If you’re renting, a joint rental agreement can help. For those living with family or friends, you may use other proof, such as shared mail addressed to the same location, receipts for shared household expenses, and even food delivery records. In some examples where you can’t live together before marriage due to external factors such as religion, we invite you to talk to a migration agent to create a strong case for your visa application.
2. Financial Sharing: Financial interdependence is another crucial factor. While having a joint bank account is helpful, it’s only valuable if actively used. There are no strict rules on how expenses should be split, so showing that you contribute in a way that supports the relationship is most important. If only one partner earns an income, you can still provide evidence of shared financial responsibility through arrangements like household expenses or contributions in other forms.
3. Social Recognition: This involves showing that others view your relationship as genuine. Evidence like photos with family and friends, invitations to events as a couple, joint memberships, and even online presence can help substantiate your relationship in the eyes of the Department.
4. Mutual Commitment: Lastly, your application should include proof of long-term commitment. Shared future plans, such as co-signing a lease, planning children, or life insurance policies listing each other as beneficiaries, show mutual dedication to a shared future.

Same-Sex Relationships

Australia does not discriminate against same-sex couples in partner visa applications. Regardless of your gender or sexual orientation, you can apply under the same requirements as any other couple, demonstrating mutual commitment, cohabitation, and financial sharing.

Conclusion

Applying for a partner visa can be a complex process, but understanding the requirements and gathering solid evidence can make it smoother. Remember to consult with a migration agent if you’re unsure of your specific situation, at Green Wings Migration we provide personalised guidance and help strengthen your application.

Note: This article provides general information about the 482, 494, 186, and 191 visas, accurate as of the date of writing. Immigration policies can change without notice. For personalised advice, contact our immigration experts about your specific circumstances and eligibility for employer-sponsored visas.

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