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Neo Phoenix Pty Ltd
Lawyers & Registered Migration Agents

We are experienced Solicitors and Registered Migration Agents with a proven track record. We offer personalised service with a reasonable fee structure.

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Partner Visa Requirements

Partner Visa Requirements

Every visa application must meet the actual legal requirements for that particular visa subclass in order to be successful. These requirements are found in the Migration Act 1958, Migration Regulations 1994, as well as in the policy guidelines contain in the Procedure Advice Manual (PAMS) which DIAC Case Officers use to assess applications. MY AUSTRALIAN can provide you with the migration law expertise to submit the best possible visa application.

Under the Partner Visa Stream an applicant must be sponsored by their Australian spouse, de facto or interdependent partner who must be either an Australian citizen, Australian permanent resident or an eligible New Zealand citizen, aged over 18 years.

Partner applicants must be sponsored by their partner in Australia. If the Australian partner is under 18 years of age, they can be sponsored by their partner's parent or guardian. Both partners in the Interdependency visa subclass, however, must be aged at least 18 years.

General requirements include:

  • Applicants must be aged over 18 years of age and your relationship with your partner must be genuine and continuing.
  • Married and de facto couples must live together and show a mutual commitment to a shared life together.
  • Couples who are engaged must have a genuine intention to marry and live together as spouses.

Applicants are expected to demonstrate the nature of their relationship by providing a range of documentation and usually by attending an interview.

Your Australian partner must agree to sponsor you and provide a legal undertaking to support you during your first two years in Australia.

Partner Visa

Spouse Visa applicants must be able to demonstrate they are: either married to an Australian in a marriage valid under Australian law; OR in a de facto relationship with an Australian for at least 12 months prior to making application; OR, have personally known, i.e. physically met their Australian partner, and are due to marry their partner in a marriage valid under Australian law by the time the visa is granted (available to offshore applicants only).

There is a 2 stage (temporary and permanent) application process for the spouse visa. An applicant actually applies for both visas simultaneously using a single application form and paying only one application fee.

If successful a temporary visas is granted valid for two (2) years from date of application. At the end of this period if the relationship is assessed to be still genuine and ongoing the applicant will be granted a Spouse permanent residency visa.

The Spouse Visa may be applied for from inside or outside Australia. If you are applying while you are in Australia you must also hold a valid substantive visa which has no condition attached preventing you from applying in Australia and you must be in Australia at the time the visa is granted.

Prospective Spouse (Fiancé) Visa

A 3 stage visa application process applies to Fiancé's of Australian citizens or permanent residents. Applicants can apply for the Prospective Marriage (fiancé) visa which, if granted, will be valid for 9 months, during which time, the applicant must enter Australia, marry their sponsor and apply for a spouse visa. If successful a temporary visas is granted valid for two (2) years from date of application. At the end of this period if the relationship is assessed to be still genuine and ongoing the applicant will be granted a Spouse permanent residency visa.

To be eligible to apply for a Prospective Marriage (fiancé) visa applicant's must be able to provide evidence that they have personally physically met their Australian partner/sponsor; and that they are engaged to be married to the Australian sponsor in Australia and will do so within the visa period. Applicants must also demonstrate that after marriage they intend to live together in a genuine spousal relationship and will apply for the spouse visa in Australia within the visa period.

The Prospective Marriage Visa must be applied for from outside Australia and the applicant must be outside Australia at the time the visa is granted

Success Stories

Over the years we have helped many people from all over the world realise their dream of a new life in Australia. Please see the Testimonial Section of the website and see for yourself.

Please complete the Online Assessment and Online Consultation and make payment for our Level 1 Service so that we can analyse your relationship profile, determine your eligibility, and if eligible advise you further on how to secure an Australian Partner Visa. Payment can be made by credit card on our secure website. For alternate payment options please contact