IMMIGRATION & COMMERCIAL LAW BLOG

How to stay in Australia with a partner visa

If you're in a relationship with an Australian citizen or permanent resident, it's reasonable that you might want to stay in Australia and build a life with them here. Fortunately, genuine relationships are recognised by the Australian government and you should be able to get an Australian partner visa or prospective marriage visa. 

Partner Visa

If you successfully apply for an Australian partner visa, you'll initially be given a temporary partner visa. After around two years, assuming your relationship is still ongoing, you'll be eligible for a permanent partner visa. You apply for both visas is one initial application.

Temporary partner visa

A temporary partner visa allows you to:

  • Remain in Australia with your partner, until a decision is made regarding your permanent visa
  • Work in Australia
  • Study in Australia, but you will be charged international upfront full fees
  • Enrol in Medicare and other health related programs

Permanent partner visa

A permanent partner visa allows you to:

  • Remain permanently in Australia with your partner
  • Work and study in Australia
  • Enrol in Medicare and other health related programs
  • Be eligible for some social security 

You may be granted a permanent partner visa straight away if you meet one of the following criteria when you apply:

  • You've been in a married or de facto relationship with your partner for three or more years
  • You've been in a married or de facto relationship with your partner for two years or more, and there is a dependent child from your relationship
  • Your partner was granted a protection visa or a permanent visa under the humanitarian program and you were in the relationship before the visa was granted and this had been declared to the department at that time

Prospective Marriage Visa

For a prospective marriage visa, you need to be overseas and engaged to an Australian. It's a nine-month visa designed to allow you to settle in Australia and get married before applying for a permanent partner visa. 


Both partner visas and prospective marriage visas have certain requirements and restrictions that can be quite complicated for those applying. We believe that beauracracy shouldn't stand in the way of you being with your partner, so get in touch for further advice about how you can successfully apply for an Australian partner visa.

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Jensen Ma
Written by Jensen Ma

Jensen Ma is an Accredited Immigration Law Specialist with over 20 years experience across immigration, commercial and business law.