Sponsor eligibility

Usually your sponsor will be your partner. An eligible sponsor must be an Australian citizen, permanent resident or an eligible New Zealand citizen.

Married applicant requirements

It is required under Australian law that your marriage is legal. A marriage in a country other than Australia will generally be accepted as legal if the marriage is valid in that country.

Under age, polygamous and same-sex marriages are not accepted in Australia, however same-sex couples will be considered as a de facto relationship for the purposes of this visa.

De facto applicant requirements

To be eligible for a de facto visa, you must be at least 18 years old at the time the application is submitted.

The relation between your partner and you must not be family orientated. This means that you must not:

• be a relative of one another i.e. descendant or ancestor
• have the same parents

• The sponsor for the partner visa must be an Australian citizen, permanent resident or eligible New Zealand citizen, and is usually the applicant's partner.
• For a marriage to be considered legal, it must comply with Australian law, and marriages conducted in other countries are generally accepted if they are valid in that country.
• Underage, polygamous and same-sex marriages are not accepted in Australia for partner visa purposes, although same-sex couples may be considered as de facto partners.
• To be eligible for a de facto visa, the applicant must be at least 18 years old at the time of application, and the relationship between the applicant and their partner must not be familial, meaning they cannot be related as descendants or ancestors or have the same parents.

Married relationship requirements

In a married relationship, it is required that you and your partner can demonstrate that your relationship excludes all others and that you have a mutual commitment to each other. You and your partner will be required to live to together on an ongoing basis, any separation between you and your partner can only be temporarily i.e. a business trip or family visit abroad.

There are some exceptions to this. In certain cases, you may still be considered eligible to apply for, continue being an applicant or be granted a visa in Australia if:

• the relationship between you and your partner ends and both of you have custodial rights under the Family Law Act 1975 over any children under 18 years old
• your partner passes away, and you are able to prove that your relationship with your partner would have been continuing had your partner not passed away and you have been able to develop close ties with Australia

De facto relationship requirements

You and your partner must have been in a de facto relationship for at least 12 months prior to making the application.

The one year relationship requirement may not apply if the applicant can establish that one of the following circumstances exists:

• you are able to demonstrate compelling and compassionate circumstances, such as if you and your partner have children together
• you are able to demonstrate that all of the following apply:
  • your partner currently holds, or did hold, a permanent humanitarian visa
  • before your partner’s permanent humanitarian visa was granted, you and your partner were in a relationship that meets the requirements of a de facto relationship
  • the Department had been informed of this prior to granting the permanent humanitarian visa

You and your partner must have a genuine and continuing relationship and show a mutual commitment to a shared life together, to the exclusion of all other. You and your partner must be living together on a permanent basis, or, if not, any separation must be on a temporary basis only.

1. You will need to undergo a health examination for your initial visa, but if you have already undergone an examination, you may not need to do it again.

2. The health examination is a crucial step in ensuring that public spending on health and community services is reduced, and that the Australian community is protected from potential health risks and diseases.

3. Meeting the health requirements is typically a requirement for all visa applicants, as well as their dependents, regardless of whether they plan to migrate to Australia or not.

4. In some instances, if a medical condition or disease has been identified, a follow-up medical check may be necessary, and you may be required to sign a Health Undertaking to meet the health requirement.

1. Before entering Australia, it is mandatory for all visa applicants to meet the character requirements as outlined by the Department of Immigration. As part of the character assessment process, you will be required to furnish police clearance certificates for each country where you have resided for a period of 12 months or more in the last 10 years since turning 16 years old, to demonstrate your good character.

The information provided below is intended to assist with preparing the correct documentation in support of your prospective marriage visa application. The Department of Home Affairs may request additional information after your application has been made.

Note: Original documents should only be supplied on request (penal clearance certificates must be original), and all foreign documents must be translated, preferably by an accredited translator.

Proving your identity

You must be able to prove your identity by providing a certified copy of your birth certificate. If you do not have one, you must provide certified copies of the identity pages of at least one of the following:

• passport
• family book showing both parents’ names
• ID documentation provided by the government
• document issued by the court that verifies your identity

Evidence supporting your relationship

You will be asked to provide evidence that you have met in person and that you plan to marry. Evidence may include photos, witness statements, letter from celebrant, and NOIM form.

Health and character clearance

You will be required to undergo a health examination, as well as provide original penal clearance certificates for countries you have lived in for 12 months or more in the last 10 years.

Document translation

The Department of Home Affairs only accepts documents that are translated into English. It is therefore your responsibility to ensure that documents are accurately translated.

Statuary declarations

Only certain people can witness a Commonwealth statuary declaration. If you cannot find a suitable person, all departmental offices outside Australia have facilities to witness statuary declarations, although you may be charged.