PROSPECTIVE PARTNER (FIANCÉ)
This category of visa is available to people, who qualify as Prospective Marriage Partners. This is a temporary visa that remains valid for 9 months from the date the visa is issued. If you are granted a Prospective Marriage visa, you must enter Australia and, after that entry, marry your intended spouse (your fiancé) within the period that the visa is valid. To be eligible for a Prospective Marriage (fiancé) visa, you must:
- be sponsored by an Australian citizen, Australian permanent resident or eligible New Zealand citizen;
- be aged 18 years or over (or if you are aged 16 years or over but less than 18 years, you have an Australian court order allowing you to marry your intended spouse);
- have met (as adults) your intended spouse in person and know him or her. This must be the case even if – it is an arranged marriage; you and your sponsor met as children and the marriage was arranged before you turned 8 years of age; or you met on the internet (exchanging photographs is not evidence of having met in person);
- have no impediment to marrying your intended spouse;
- genuinely intend to marry your intended spouse;
- genuinely intend to live with your intended spouse as husband and wife; and
- meet health and character requirements
If you are granted a Prospective Marriage visa, your marriage can take place either in or outside Australia. However, you must have entered Australia at least once on the Prospective Marriage Visa before the marriage takes place. In addition, your marriage must occur during the 9-month period of your Prospective Marriage Visa.
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In order to qualify for this category of visa in Australia, you must be legally married to your partner at the time of applying.
To apply outside Australia on the basis of marriage, you must either be legally married to your partner at time of application or intend to legally marry your partner before a decision is made on the temporary Partner visa.
If you were married in a country other than Australia and that marriage is valid in that country, generally, your marriage will be recognized as valid under Australian law. There are some exceptions, such as same-sex marriage, underage or polygamous marriages, and so on.
To be eligible for a Partner visa on the basis of your marriage, you must:
- be sponsored by an eligible person
- be legally married to your partner (usually your sponsor);
- show that you and your partner have a mutual commitment to a shared life as husband and wife to the exclusion of all others;
- show that you have a genuine and continuing relationship with your partner;
- show that you and your partner are living together or, if not, that any separation is only temporary; and
- meet health and character requirements and more
DE FACTO PARTNER VISA
n order to qualify for a DE FACTO PARTNER VISA, you and your partner must meet a series of requirements. Here are some:
- You must be sponsored by an eligible person;
- You must not be related by family;
- You and your de facto partner must be at least 18 years at the time your applying;
- You must show that you and your partner have a mutual commitment to a shared life to the exclusion of all others;
- You must show that you have a genuine and continuing relationship with your partner;
- You must show that you and your partner have been in a de facto relationship for at least 12 months immediately prior to submitting your application;
- You must show that you and your partner are living together or, if not, that any separation is only temporary; and
- You must meet health and character requirements and more.
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