If you are married to an Australian citizen or are the de facto partner then you can apply for an Australian Partner Visa to live in Australia. Note that the Australian Partner (Provisional) visa (subclass 309) allows you to live in Australia with your partner if you are the spouse or de facto partner of:
- an Australian citizen
- a permanent resident
- an eligible New Zealand citizen.
Note also that the Australian Partner (Provisional) visa (subclass 309) is the first step towards the Australian permanent Partner visa (subclass 100). You only need to apply once for your temporary and permanent visas and pay one application fee. Your application is processed in two stages, about two years apart. So to sum it up you apply for the temporary visa and after 2 years you can obtain permanent status on application.
What does the Partner Visa for Australia allow:
- You may enter Australia and stay until a decision is made about your permanent Partner visa;
- You are allowed to work while in Australia;
- You may study in Australia, but with no access to government funding;
- You can enrol in Medicare, Australia’s scheme for health-related care and expenses.
After you have been in Australia for 2 years and have applied for and been granted your permanent status then you are allowed to do the following:
- You can stay in Australia indefinitely;
- You can work and study while in Australia;
- You can apply for Australian citizenship (if you are eligible);
- You can also sponsor eligible relatives for permanent residence;
- You may receive some social security payments if needed;
- You can travel to and from Australia for five years from the date the visa is granted
If you are married:
Note that your marriage must be valid under Australian law and that underage, polygamous and same-sex marriages are not legal in Australia. With regards to same sex marriages you would have to apply as a de facto partner and not a spouse.
If you are partners:
You are not related to your partner by family bloodlines. Your de facto relationship must also have existed for at least 12 months before oyu had made the application. Many partners do get married once in Australia and many use this as a fiancee visa for Australia.
If you need further advice then contact an Australian Embassy or speak to an immigration lawyer for more advice and guidance. Note that you will also require a health certificate for your visa before entering Australia.
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