Long-Term Relationship – Are you considering the Partner visa application?
Applying for the Partner visa is a 2 stage process – provisional and permanent – submitted at the same time. If you meet the initial criteria, you will be granted a provisional Partner visa, remaining valid until a decision on your permanent visa, which is generally 2 years after you initially applied for the visa. If you continue to meet all legal requirements, you will be granted a permanent Partner visa.
Skipping the 2-Year Wait with Long-Term Relationships
The standard 2-year waiting period can be waived if, at the time you apply, you have been in a long-term marriage or de facto relationship. In this case, you might be eligible for an immediate permanent Partner visa grant right after receiving the provisional one!
Defining a ‘Long-Term Relationship’
The Department of Home Affairs considers a long-term relationship as one where you have been in a de facto or spousal relationship with your Australian partner for a minimum period of:
- 3 years; or
- 2 years if there is a dependent child of your relationship.
A child of the relationship is typically the biological child of both the visa applicant and the sponsor. A step-child who is not a biological child is generally not regarded as a ‘dependent child of the relationship’ for the purposes of meeting these requirements, however, a child born through surrogacy or adopted by both the visa applicant and sponsor may fit the requirements.
Counting the Years
The 3-year period is assessed from the time you commenced a committed married or de facto relationship with your partner, and not from the time you first met or formed a casual relationship.
This requirement must be met at the time of the application and documenting your time together is key! The case officer won’t automatically consider it, so relevant supporting evidence and a formal written request generally need to be provided to the Department.
Concluding Thoughts
If you and your partner share a relationship recognised as long-term by the Department and successfully meet the evidentiary requirements, you may qualify for the simultaneous approval of both the provisional and permanent stage visas.
Before commencing your partner visa application journey, reach out to us for a tailored assessment of your relationship and circumstances. We can provide advice to see if you qualify for special consideration.
Changes to the migration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of writing this article.
Contact Migrations Affairs to speak with our immigration experts for tailored advice on the circumstances and eligibility.
