Everything you need to know about applying for a partner visa as a married couple
If you are applying for a partner visa as a married couple (including an arranged marriage), are applying de facto but are still married, and / or have some doubts about whether you will be eligible for the visa due to the circumstances of your relationship, you should read this article.
What is the difference between applying for a partner’s visa as a married couple and a de facto relationship?
To be eligible for the membership visa, you must be married or in a de facto relationship.
If you are married, you will present the partner’s visa as a married couple. Therefore, the partner visa is commonly known as a spouse visa.
If you are in a de facto relationship, you will present the partner visa as a de facto couple. Therefore, people who submit an application like this commonly refer to the partner visa as a de facto visa.
Whether married or de facto, you are applying for the same membership visa.
Will it make my partner visa stronger if I am married to my partner?
Being married generally does not make your partner visa application stronger. The Department will evaluate your partner visa application based on the evidence you provide to satisfy the four criteria of the member visa.
Whether you are married or in a de facto relationship, as long as you provide enough information to satisfy the four criteria of the partner visa that demonstrate the authenticity of your relationship, your partner visa application will likely have a positive outcome.
Can I marry my partner abroad?
For a marriage to be valid according to Australian law, it must be 18 or older. The Department accepts marriages from both Australia and abroad.
If you were married or going to get married abroad, your marriage will have to be valid according to the law of that country. If you are not sure, we suggest that you contact the Embassy, the Consulate or other representatives of the country in question to find out their legal requirements.
My same-sex partner and I get married abroad, can we apply for a couple’s visa as a married couple?
Same-sex marriage was legalized in Australia on December 9, 2017 (Draft law on marriage amendment (definition and religious freedoms) 2017).
If you and your same-sex partner were married abroad and it is legal under the law of that country, your marriage will be automatically recognized by the Australian Marriage Act. Therefore, you can apply for a partner’s visa as a married couple.
If I am married to my partner, should we live together for at least 12 months before applying for a member visa?
If you are married, you do not have to live together for at least 12 months to be eligible for the member visa. This is because you would already have met one of the requirements of the partner visa to be married or to be in a de facto relationship.
They will only be required to live together for at least 12 months if they apply for de facto reasons. In this case, your de facto relationship must have existed for at least 12 months immediately before applying for the visa. If this applies to you, you can find more information on How to meet the one year Facto relationship requirement for the membership Visa in our previous blog.
Does it matter if my marriage is arranged?
The arranged marriage is accepted in the Australian immigration law as long as:
- both parties agreed to marry each other,
- your marriage is genuine and continuous
- both have a mutual commitment to a shared life as a spouse and to the exclusion of all others
If you have not been married but you plan to get married in the future, you may want to consider applying for a prospective marriage visa.
If your arranged marriage has already been concluded, you can apply for the partner’s visa by providing evidence that proves the authenticity of your relationship.
Will I have to meet different sets of requirements for the membership visa if my marriage was arranged?
No, the requirements for the couple whose marriage was arranged is not different in any way from a normal marriage. He is still applying for the same partner visa and still must meet the same requirements.
What may be different is the type of information you provide to the Department. Couples who have entered an arranged marriage may experience difficulties in proving that their marriage is genuine due to the lack of evidence. In this case, we recommend talking to a Migration Agent or an Immigration Lawyer since a lot of planning is required to ensure that you meet the criteria for a member visa.
Whether you are de facto, married (congratulations to our same-sex couples!), Or look for more information on how to meet the criteria of the member visa, we are here to help you, so do not hesitate to ask.
I am still married to my former partner. Can I apply for the membership Visa with my current partner?
You may still be eligible to apply for a member visa, even if your divorce has not been finalized.
In this case, you must request the partner’s visa for reasons of de facto relationship, that is, you must comply with the de facto requirement of 12 months.
IMPORTANT: it is not necessary for your divorce to end at any time during the application process. The Department will evaluate your relationship on the basis that you and your partner are in a de facto relationship and the information you provide to prove the authenticity of your de facto relationship. Find out how to comply with the one-year de facto relationship requirement for a member visa.
For More Information : Spouse Visa For Migration To Australia