Fact Sheet 30 - Family Stream Migration: Partners
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The family stream of Australia's migration program enables the reunion of immediate family members such as spouses, fiancé(e)s, interdependent partners, dependent children, adopted children, step-children, and certain other members of extended families such as parents, orphan relatives, carers, aged dependent relatives, and remaining relatives.
This fact sheet covers in general terms the migration procedures for partner visa applicants, which includes spouses, fiancé(e)s and interdependent partners.
For general information on the family stream.
See: Fact Sheet 29 - Overview of Family Stream Migration.
Spouses
For the purposes of migration, the term 'spouse' means the husband, wife or de facto partner of the Australian sponsor.
People applying in or outside Australia for permanent residence as a spouse go through a two-stage process, although only one application is necessary.
They apply on the one application for a temporary visa and a permanent visa.
At both stages of the process, the Department of Immigration and Citizenship must be satisfied that the parties are in a genuine spouse relationship.
De facto spouses must have been in the relationship for at least 12 months immediately before lodging their application.
See: Fact Sheet 35 - One-Year Relationship Requirement.
Usually the permanent visa cannot be granted less than two years from the date of application. However, in certain limited circumstances, it is possible for a permanent visa to be granted in less than two years, for example, where the relationship is long-term at the time of application. Long-term is defined as five years, or two years if there are dependent children (excluding step-children) of the relationship.
Dependent family members of the applicant, such as children or lone aged relatives, may be included in the application.
Fiancé(e)s overseas
A person overseas who wishes to marry their Australian fiancé(e) may apply for a Prospective Marriage visa.
It is a requirement of a Prospective Marriage visa that the parties have met and be known to each other in person.
Fiancé(e)s who apply successfully for a Prospective Marriage visa receive a temporary visa which is valid for nine months from the date of the visa grant. They must travel to Australia and marry their sponsor within that period and, if they wish to, then apply for a Spouse visa.
If all legal requirements are met, applicants will be granted a temporary Spouse visa, followed by a permanent Spouse visa if the relationship is still continuing at the end of two years after lodgement of the Spouse visa application.
Fiancé(e)s in Australia
People already in Australia on temporary visas are unable to extend their stay in Australia by applying for a visa as a fiancé(e). There is no visa category available to cover this situation.
However, if the marriage takes place during the period of authorised stay, the person may be eligible to apply in Australia for a Spouse visa.
Interdependent partners
Interdependency visas are for people who have an interdependent relationship (usually same sex) with an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
The relationship must be genuine and continuing and involve a mutual commitment to a shared life together. The people must also be living together and must not have a spouse or other interdependent partner.
People applying in or outside Australia for permanent residence on interdependency grounds go through a similar two-stage process as spouses (see above) and are also covered by one application.
Interdependency applicants are also subject to the 12-month requirement.
See: Fact Sheet 35 - One-Year Relationship Requirement.
In certain limited circumstances, provisions exist for the permanent visa to be granted in less than two years. One example is where the relationship is long-term at the time of application. This is defined as five years.
Sponsorship
All applicants for family stream migration, whether they apply in or outside Australia, must be sponsored by their partner (or by a parent of their partner in certain circumstances).
The sponsor must be a citizen, Australian permanent resident or eligible New Zealand citizen and be 18 years of age or older.
Limitations on sponsorship
There are limits on the number of partner visa sponsorships a person may make, and the time-frame in which they may be made:
- a limit of two approved sponsorships or nominations can be made, with a minimum of five years apart, and
- if the sponsor was sponsored or nominated to Australia as a partner, they must wait five years before sponsoring a spouse, fiancé(e), or interdependent partner.
- Approved sponsorships or nominations are those which result in the applicant being granted a Spouse, Prospective Marriage or Interdependency visa.
The limitations may be waived in compelling circumstances, including:
- if the previous spouse/partner has died or abandoned the relationship, leaving young children, or
- if a new relationship has been formed that is long-standing or involves dependent children of the relationship.
Dependent children
Dependent children are usually included in, and processed as part of, their parent's partner visa application. There are cases where a dependent child is not considered for the temporary (first stage) visa because they are not living with their parent.
Where a dependent child is outside Australia and their parent is in Australia and has been granted a temporary spouse or interdependency visa, the child can apply for a temporary Dependent Child visa.
This visa will enable the child to travel to Australia and apply to be added to their parent's permanent visa application.
To be granted the visa, the child must be under 18 years of age or be financially dependent upon the parent in Australia. It is important to note that the child must apply for this visa before the parent's permanent visa application is decided.
In all cases where a dependent child is under 18 years of age and another parent or any other person has a legal responsibility toward the child, permission for the child to migrate must be obtained from that person, or evidence provided that the sponsor or nominator has sole legal right to remove the child from the country.
Assurance of support
A person who is an applicant for a Spouse, Prospective Marriage or Interdependency visa may be required to obtain an Assurance of Support (AoS) if they are assessed by the department as at risk of becoming a charge on Australia's social welfare system. Assurances of support are discretionary for such partner visas and will not be sought by the department in all cases.
An AoS is a legal commitment by a person (the assurer) to repay to the Australian Government any benefits paid to those covered by the assurance. It is also a commitment to provide financial support to the person(s) applying to migrate.
For partner visas, an AoS is for two years and comes into effect on the day the assuree (the migrant) arrives in Australia or, if in Australia, on the date the assuree is granted the relevant visa to remain in Australia.
After the department has determined that an AoS is required, Centrelink assumes responsibillity for providing AoS advice and forms and undertakes AoS processing.
See: Fact Sheet 34 - Assurance of Support.
Capping visa classes
A number of visa classes in the family stream can be subject to capping. This means that once the number of visas set by the Minister for Immigration and Multicultural Affairs has been reached for a visa class for that program year, no further visas can be granted in that class in that program year.
Spouse visas cannot be capped. However, Prospective Marriage and Interdependency visas can be capped.
See: Fact Sheet 21 - Managing the Migration Program.
Limits on further applications
There are specific provisions in migration legislation to limit the potential for unsuccessful applicants in Australia to continually delay their departure from Australia by lodging successive applications. People who:
- have had a visa refused or cancelled since last entering Australia; or
- are unlawfully in Australia; or
- no longer hold a valid visa
can usually only make another application in Australia if their circumstances have changed.
However, applicants for partner visas are deliberately excluded in the 'change of circumstances' arrangements.
This is to prevent people who have come to Australia and been refused a visa from being able to use marriage to an Australian as a means of either delaying their departure or obtaining residence.
Processing priorities
The Minister for Immigration and Multicultural Affairs has issued a General Direction giving guidance to processing officers on the priority order in which family stream applications should be processed.
Applications to be given the highest processing priority include dependent children (including orphan relatives and children for adoption), spouses, fiancé(e)s and interdependent partners.
See: Fact Sheet 37 - Processing Priorities.
Further information is available on the department's web site.
See: www.immi.gov.au
The department also operates a national telephone service inquiry line.
Telephone: 131 881
Hours of operation: Monday to Friday from 9am to 4pm (recorded information available outside these hours) for the cost of a local call anywhere in Australia.
Fact Sheet 30. Produced by the National Communications Branch, Department of Immigration and Citizenship, Canberra.
Revised 30 January 2007.
© Commonwealth of Australia 2007.