The partner visa can be applied for whilst you are in Australia or offshore. It is initially a temporary visa that permits transition to permanent residence. You will be able to apply for the permanent visa 2 years after date of application for the temporary visa. The second application is an application submitting that your relationship is still ongoing.
You must be able to meet the relationship requirement to be eligible for this visa. This requires you to either be married or in a defacto relationship that has existed for 12 months or more. If you have not lived together for 12 months or more, it may still be possible to obtain this visa.
To be eligible for a partner visa, you must:
Be the spouse or defacto partner of an
â— Australia citizen
â— Australian permanent resident
â— Eligible New Zealand citizen
If you are engaged and plan to marry in Australia, there is also the option of applying for a Prospective Marriage visa. This is a nine month visa that will permit you to come to Australia to plan your wedding and marry. You must lodge a partner visa within 9 months of entering Australia.
It is possible to travel to Australia during the processing of your partner visa application. Please speak to our migration agents for further information and assistance.
- Form 47SP Application for migration to Australia by a partner – Application for migration to Australia by a partner (550 KB PDF)
- Form 40SP Sponsorship for a partner to migrate to Australia – Sponsorship for a partner to migrate to Australia (255 KB PDF)
Complete these forms only if you are lodging a paper application:
- If someone gives you advice or lodges your application for you:
- Form 956 Advice by a migration agent/exempt person of providing immigration assistance (133KB PDF) (the agent or exempt person completes the form and you must sign it).
- If you would like someone else to receive correspondence from us on your behalf:
- Form 956a Appointment or withdrawal of an authorised recipient (116KB PDF) (the recipient completes the form and you must sign it).
Pay the peocessing fee + visa charges directly to Migration Service
- If your sponsor has paid the visa application charge for you then you must provide the original receipt to show they have paid.
- If your sponsor has paid the visa application charge for you then you must lodge your application by post or in person.
Certified copies of the biographical pages of the current passports or travel documents of all people included in the application (these are the pages with the holder’s photo and personal details and the issue/expiry dates).
- Two recent passport-sized photographs (45 mm x 35 mm) of each person included in the application.
- These photographs should be of the head and shoulders only against a plain background.
- Print the name of the person on the back of each photograph.
- A certified copy of your birth certificate showing both parents’ names. If you do not have a birth certificate and are unable to get one, you must provide a certified copy of the identification pages of at least one of the following documents:
- family book showing both parents’ names
- identification document issued by the government
- court-issued documents that verify your identity.
- A national identity card if you have one.
- If your name has changed or the name of anyone included in your application has changed: a certified copy of evidence of the name change.
- Two recent passport-sized photographs (45 mm x 35 mm) of each person included in the application.
- If you are unable to provide any of these documents, you must provide other acceptable evidence that you are who you claim to be.
- Certified copies of marriage certificates or relationship registrations for you and anyone else included in your application, even if they are not joining you in Australia.
- If you or anyone included in the application has been widowed, divorced or permanently separated: a certified copy of the death certificate, divorce documents, or statutory declaration separation documents.
Health and character documents
- You and all dependents, regardless of whether they are in Australia with you, will need to undertake health examinations. The results of a health examination are valid for 12 months. Do not organise your health examinations until you are asked to do so by your case officer.
- Evidence that everyone included in the visa application has applied for an Australian Federal Police National Police Check if they are at least 16 years of age and have spent a total of 12 months or more in Australia since turning 16 years of age.The AFP National Police Check Application Form is available from the Australian Federal Police website – either an online form or paper form. Visa applicants should tick Code 33 in Section 8 of the form. Fingerprints are not required.You will be issued with a ‘National Police Check’ certificate which will have ‘Complete Disclosure’ in the heading if your AFP police check application is successful.
- Police certificates from each country in which anyone in your application has spent a total of 12 months or more in the past 10 years since turning 16 years of age. Provide the original certificates and keep a copy for yourself.
- See: Character requirements (513 KB PDF) – How to obtain police certificates
- If anyone included in the application has served in the armed forces of any country: certified copies of their military service record or discharge papers.
- Evidence that the sponsor is a settled Australian citizen, Australian permanent resident, or eligible New Zealand citizen. Evidence can include a certified copy of:
- a birth certificate
- an Australian passport or foreign passport containing evidence of permanent residence
- an Australian citizenship certificate
- for New Zealand citizens, evidence of length of residence in Australia and of continuing links with Australia.
- If your sponsor is not an Australian citizen: evidence your sponsor usually lives in Australia, such as:
- evidence of ownership or rental of the house in which your sponsor lives
- utility accounts (electricity, gas, telephone)
- other bills for day-to-day living expenses.
- If you or a child you are including in the application is younger than 18 years of age:
- an AFP National Police Check for your sponsor, if the sponsor has spent a cumulative total of 12 months or more in Australia since turning 16 years of age
- police certificates from each country in which the sponsor has spent a cumulative total of 12 months or more in the last 10 years since turning 16 years of age.
If you are married and your spouse is younger than 18 years of age, they cannot be your sponsor. In that case, your sponsor’s parent or guardian might be able to sponsor you. If this affects you, contact the nearest Australian Immigration office to find out which documents you need you to provide. If your partner is younger than 18 years of age and you are sponsored by their parent or guardian, then that sponsor’s partner must also provide character references.
Evidence that your relationship is genuine and continuing
You must provide documents to prove that your relationship is genuine and continuing. If statements are provided, they can be written statements or statutory declarations. They must be signed and dated by the authors. A statutory declaration must also be signed by two witnesses. You can attach supporting documents to your online application with our Migration Agent. The below are examples of information you may wish to provide:
- Form 888 Statutory declaration by a supporting witness in relation to a Partner or a Prospective Marriage visa applicant (to be completed by two Australian citizens or permanent residents who have personal knowledge of your partner relationship).
History of your relationship:
- Statements from you and your partner about:
- how, when and where you first met
- how your relationship developed
- when you decided to marry or to start a de facto relationship
- your domestic arrangements (how you support each other financially, physically and emotionally and when this level of commitment began)
- any periods of separation (when and why the separation occurred, for how long and how you maintained your relationship during the period of separation)
- your future plans.
Financial evidence of your relationship:
- Documents to show that you and your partner share financial commitments and responsibilities, such as:
- evidence of any joint ownership of real estate or other major assets (for example, cars, appliances) and any joint liabilities (for example, loans, insurance)
- sharing of finances
- legal commitments that you and your partner have undertaken as a couple
- evidence that you and your partner have operated joint bank accounts for a reasonable period of time
- sharing of household bills and expenses.
The nature of the household:
- Documents to show that you and your partner share responsibilities in your household, such as:
- your living arrangements
- a statement about the way housework is distributed
- joint ownership or joint rental of the house in which you live
- joint utilities accounts (electricity, gas, telephone)
- joint responsibility for bills for day-to-day living expenses
- joint responsibility for children
- correspondence addressed to both you and your partner at the same address.
Social context of the relationship:
- Documents to show how your relationship with your partner is seen by your friends and family will be considered, such as:
- evidence that you and your partner are usually accepted as a couple socially (for example, joint invitations, going out together, friends and acquaintances in common)
- statutory declarations from your partner’s parents, family members, relatives and other friends about their assessment of the nature of your relationship
- evidence that you and your partner have declared your relationship to government bodies, commercial or public institutions or authorities, joint membership of organisations or groups
- evidence of joint participation in sporting, cultural or social activities
- joint travel.
The nature of your commitment to each other:
- Documents to show your commitment to each other:
- knowledge of each other’s personal circumstances (for example, background and family situation, which could be established at interview)
- intention that your relationship will be long-term (for example, the extent to which you have combined your affairs)
- the terms of your wills
- correspondence and itemised phone accounts to show that contact was maintained during any period of separation.
- If you are living in a de facto relationship, provide one of the following:
- evidence that you have been in the relationship for at least 12 months before you apply for this visa
- evidence that of compelling and compassionate reasons for applying before the 12 month period has passed
- evidence that you have registered your relationship in Australia with the relevant state or territory authority.
For more information relating to authorised witnesses is available on the Who can witness statutory declarations page.
- Certified copies of birth certificates or the family book showing the names of both parents of all your dependent children.
- Evidence of financial dependency for all your family members aged 18 or older (such as evidence of current studies):
- a certified copy of their birth certificate and proof of their relationship to you
- proof that they live in your household
- proof that they have been financially dependent on you for at least the 12 months immediately before you lodge your application.
- If any dependent child included in the application is adopted: certified copies of the adoption papers.
- If you want to bring a child younger than 18 years of age with you to Australia, and that child’s other parent is not included in the application, you will need documentary evidence that you have the legal right to bring that child to Australia, such as:
- certified copies of official legal documents, such as a court-issued parental responsibility (custody), access or guardianship order
- Statutory Declaration (80KB PDF) giving their permission
- Form 1229 (125 KB PDF ) Consent form to grant an Australian visa to a child under the age of 18 years If you use Form 1229 or a statutory declaration, you will have to attach a certified copy of the other parent’s government-issued identification document (such as a passport or driver’s licence) with their photograph and signature.