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If you are in a relationship with an Australian citizen, permanent resident or eligible New Zealand citizen you may be eligible to apply to remain permanently in Australia. There are a number of options available to you whether you are in Australia or overseas.

Engaged couples – Perspective marriage visa (Subclass 300)

This visa is available to offshore applicants only and is valid for nine months and suited to those people planning to get married within this validity period. It then allows you to lodge a spouse visa application after you have arrived in Australia and married your intended fiancé.

Spouse/Partner visa- (Subclass 820/801 and Subclass 309/100)

This category includes:

  • Married Couples.
  • De Facto Couples.

This type of visa is granted in two stages – temporary and permanent. The temporary visa is granted for two years, after which time (if your relationship still exists and you continue to meet the criteria) you will be granted permanent residence down the track in the second stage. In some circumstances and if you have a long relationship with your partner, you can obtain permanent residence straight away.

In most circumstances you will also be able to include your dependent children. However, to be included in your application all dependents must meet certain requirements. In addition ALL dependents, whether migrating with you or not MUST meet health and character requirements. If not you may not be granted a visa.

Some people may also be prevented from lodging an application at all or may not be able to lodge an application in Australia due to certain conditions on your visa.

Same Sex couples

As Australia has now legalized same-sex marriage all of the above options are equally available for same sex couples. Partner visa applications was also available for same-sex couples before those changes.

If you would like to find out if you and your partner meet the criteria, please make an appointment to see our lawyers.

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