Relationships that are recognised

Marriages made in accordance with the Marriage Act 1961. In general, migration law mirrors the Marriage Act 1961 in determining the recognition of marriages.

Whether a foreign marriage is recognised under migration law depends first on whether it is recognised as valid in the country in which it was performed.

De facto relationships (includes same sex relationships) are recognised where the partners are not legally married to each other, but live in a spouse-like relationship (sometimes known as "common law" spouses). If applying on the basis of a de facto relationship, the partners should have been in the relationship for at least 12 months at the time of application.

Genuine relationship requirement:

You must be able to prove:

• you and your partner have a mutual commitment to a shared life to the exclusion of any spouse or all others;

• your relationship is genuine and continuing;

• you and your partner live together, or don't live separately and apart on a permanent basis; and

• for interdependency and de facto relationships, you and your partner have been in a relationship for a period of 12 months immediately preceding the date of application. For spouse relationships you need to be legally married.

Age requirement:

Both you and your partner must have turned 18 when you apply.

Application Process:

People applying in or outside Australia under the interdependent partner category go through a two-stage process. The process involves applying for a temporary visa and a permanent visa on one application form.

The first stage of the process involves the consideration of the temporary visa application. The second stage of the process involves consideration of the permanent visa application.

Stage 1 - Partner temporary visa:

This stage involves assessment of your eligibility for a temporary visa based on your application.

You and your partner may be asked to attend an interview to enable the Department to further assess your application. You will also be asked to undergo a medical examination and provide character clearances.

If you successfully complete the first stage of processing, you will be granted a temporary visa which will be in effect until a decision is made on your application for the permanent visa, or that application is withdrawn.

Stage 2 - Partner permanent visa:

This stage of processing will begin approximately two years after you lodged your visa application and involves assessment of your eligibility for a permanent visa.

If you have been in the relationship with your partner for five years or more at the time of application, there are provisions to waive the two-year wait period.

You will be required to provide evidence that the relationship between you and your partner is genuine and continuing.

If you have lived in Australia for more than one year, you will be required to provide an Australian police clearance.

You may also be required to provide clearances from other countries you have visited since your temporary visa was granted.

You and your partner may be asked to attend an interview.

If you meet all the requirements, you will be granted a permanent visa.