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Married Relationship Pathway

The qualifications for this pathway depend on the following factors.

LOCATION

If applying within Australia: You must be legally married to your partner

If applying outside of Australia: You must be legally married in your country of residence/another country OR intend to get married before a decision is made on your Temporary Partner Visa

Overseas relationships that are not accepted include the following:

  • Certain polygamous marriages
  • Marriages of persons within a prohibited degree of relationship
    •      a person and an ancestor or descendent of the person (that is, parent and child or grandparent and grandchild) or
    •      siblings (whether full blood or half-blood).
  • Certain underage marriages

OTHER FACTORS

You will be expected to show that your relationship will be able to meet the following criteria:

  • The couple have a mutual commitment to a shared life as husband and wife to the exclusion of all others, and
  • The relationship is genuine and continuing, and
  • The couple live together, or do not live separately and apart on a permanent basis.
  • Meet Certain Health and Character requirements

De Facto Relationship Pathway

You can claim to be in a de facto relationship with someone of the same or different sex if the following factors apply to your relationship:

  • You are not legally married to each other
  • You are not related by family
  • You are committed to a shared life to the exclusion of all others
  • Your relationship is genuine and continuing
  • You live together or do not live separately and apart on a permanent basis
  • Your relationship has lasted a minimum of 12 months before applying for the visa, unless exempt (does not count online relationships or time spent dating)

Required Documentation

The following types of documents are required to successfully lodge your application.

  1. Identity documents for the applicant
  2. Documents about you and your partner’s relationship
  3. Documents about other relationships, if applicable
  4. Health documents
  5. Character documents
  6. Identity documents for sponsor
  7. Character documents for sponsor

Identity documents for the applicant

a. One of the following documents to prove your identity:

    • A birth certificate showing the names of both parents:
    • Identification pages of a family book showing the names of both parents
    • Identification pages of an identification document issued by the government
    • Identification pages of a court-issued document that proves your identity
    • Identification pages of a family census register

b. Your current passport open to the page of your photo, personal details and passport issue and expiry dates are required.

c. Two recent passport photographs (45 mm x 35 mm):

  • The photograph should be of the head and shoulders only against a plain background
  • The applicant’s name must be printed on the back of the photograph

d. A national identity card (if owned).

e. Proof of name change (if applicable).

Documents about you and your partner’s relationship

  • Two of Form 888 – Statutory declaration by a supporting witness in relation to a Partner or a Prospective Marriage visa application (84KB PDF).
  • Proof that your relationship is genuine and continuing
  • If you are married, you will need your marriage certificate
  • Documents that prove you are in a de facto relationship (if you are)

Q. How do I prove that my relationship with my partner is genuine and continuing?

In order to showcase the genuine and continuing relationship you have with your partner, you must try to provide as many of the following documents as possible.
Written statement detailing the relationship A statement about your relationship that describes:
    • how, when and where you first met
    • how the relationship developed
    • when you became engaged or married, if applicable
    • joint activities
    • periods of separation
    • significant events in the relationship
    • your future plans together
Financial aspects of the relationship Documents that show you and your partner share financial responsibilities, for example:
    • mortgage or lease documents showing joint ownership or rental of property
    • loan documents of major assets such as homes, cars or major appliances in both names
    • joint bank accounts
    • household bills in both names
The nature of the household Documents that show that you and your partner share household responsibilities, for example:
    • a statement about the way housework is distributed
    • household bills in both names
    • mail or emails addressed to both of you
    • joint responsibility for children
    • your living arrangements
Social aspects of the relationship Documents that show your relationship is known by others, for example:
    • joint invitations, going out together, friends and acquaintances in common
    • proof that you and your partner have declared your relationship to government bodies, commercial or public institutions
    • proof of joint sporting, cultural or social activities
    • proof of joint travel
The nature of the commitment Documents to show you are committed to each other your long term relationship, for example:
    • knowledge of each other’s personal circumstances such as background and family situation. You could tell us this at an interview.
    • documents that show you have combined your personal matters
    • the terms of your wills
    • letters and phone bills that show you have been in contact when apart.

Documents about other relationships (if relevant)

Please provide divorce documents, death certificates, separation documents or statutory declarations if you have previously been married, widowed, divorced or permanently separated.

Health documents

Please note that documents to show you meet the designated health requirement are not needed, as your doctor will send them through.

Character documents

  1. Police certificates
  2. If you served in the armed forces of any country, military service records or discharge papers
  3. Completed Form 80 – Personal particulars for assessment including character assessment

Identity documents for sponsor

  1. Proof that your sponsor is an Australian citizen, Australian permanent resident or eligible New Zealand citizen
  2. If your sponsor is an Australian permanent resident or eligible New Zealand citizen, proof they usually live in Australia.

Character documents for sponsor

  1. Police certificates
  2. If your sponsor served in the armed forces of any country, military service records or discharge paper

What if I am sponsoring on behalf of my child?

In such a case, you will be asked to provide the following documentation in addition to the abovementioned documents:

    1. A court document allowing the marriage between your child and the visa applicant
    2. Proof that you are the parent or guardian of your child

What if my current visa expires?

If your current visa ends before you have been granted a temporary partner visa, you will still be eligible to stay in Australia using a Bridging Visa A (or BVA). This visa is automatically awarded after you apply for your partner visa and your current visa expires.

Bridging visas allow you to do the following:

  • Work in Australia
  • Study in Australia (no government support)
  • Enrol in Medicare, Australia’s health care scheme
  • Travel outside of Australia and return (Bridging Visa B only)

However, please note that if your current visa is cancelled, you will be labelled an unlawful non-citizen, thus preventing you from being eligible for Bridging visas A, B or C. In such a case, you can lodge an application for a Bridging Visa E.