Australian migration through a de facto partner:
- The financial aspects of the relationship, which includes how financial responsibilities are shared or pooled.
- Nature of the household, which includes how household tasks are divided and shared.
- Social aspects of the relationship, which includes how you are perceived as a couple in public.
- Nature of the persons’ commitment to each other, which includes the willingness to move to another country.
If you are married to your partner, your marriage must be legally recognised under Australian law. Those in de facto relationships must be able to produce evidence of at least 12 months of cohabitation or registration in terms of a state relationship act.
Beginning the migration process
Ready to move to Australia? Our Australian migration team is on hand to assist you. Send us your enquiry and we’ll assess your situation. We’ll give you a no-obligation nationality consultation.
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What you can and can’t do with Australian de facto immigration
To be eligible immigration through an Australian de facto partner, you must be married to or in a de facto relationship with an Australian citizen or permanent resident.
When you apply for this route, you will first receive a temporary document and then a permanent document.
A temporary document allows you to:
- Live, work and study in Australia while your permanent immigration document is being processed
- Leave and enter Australia as many times as you wish
- Attend a complimentary English language class
Once you have been granted your permanent partner or de facto immigration document.
You will be allowed to:
- Live, work and study in Australia indefinitely
- Sponsor eligible family members to come to Australia
- Apply for Australian nationality if eligible
All the support you need to migrate to Australia
1. Assess
Our team will chat to you to advice you on the best migration route for your needs, before you apply.
2. Advise
Say goodbye to guessing. Our experts will guide you through the process from start to finish.
3. Apply
Let us complete your forms on your behalf. This will make the process as easy as possible for you.
Australia partner immigration route
If you are in a relationship with an Australian citizen, a permanent resident of Australia or an eligible New Zealand citizen, you might qualify for an Australian partner migration document.
There are a number of different partner immigration categories. Each has its own set criteria, based on your location and the nature of your relationship with the resident or citizen.
Partner (Provisional) migration document (subclass 309) and Partner (Migrant) migration document (subclass 100)
Any person applying for a Partner migration document 309/100 (subclass) must be outside of Australia at the time the form is submitted and the decision is made.
Usually, you will be free to travel to Australia on another migration document while the form is being processed. However, you will not be eligible for a bridging migration document to allow you to live and work in Australia while your Australia partner migration document 309/100 is being processed.
Prospective Marriage migration document (subclass 300)
The purpose of this document is to allow the unmarried partners of Australian citizens to travel to Australia to get married. You must be outside of Australia when you apply for the migration document and when it is granted.
The Prospective Marriage migration document is granted for nine months and has unrestricted work rights. The holder of the immigration document is required to marry their partner and apply for the Australian Partner migration document (subclass 820) before their immigration document expires.
This migration document is often referred to as the fiancé migration document and is used by unmarried individuals who cannot show that they have cohabited for 12 months.
Partner migration document (subclasses 820 and 801)
These partner immigration documents are to be used when applying in Australia. To do so in Australia, you must hold a valid migration document that does not contain the "no further stay" condition known as 8503. This condition would prevent you from making further immigration submissions in the country.
Applying while in Australia entitles the applicant to a bridging migration document, which allows them to live and work in the country while the partner migration document is processed.
It can take a year or more to process the partner migration document.
New Zealand Citizen Family Relationship (Temporary) migration document (subclass 461)
This document allows a non-New Zealand family member of a New Zealand citizen, who is living in Australia, to live and work in Australia for up to five years.
This is a five-year provisional migration document that will not lead to permanent residence, but can be renewed onshore as required. This authorisation allows the holder to:
- Work and study in Australia
- Live in and travel to and from Australia for five years from the date the migration document is granted.
About Sable International
We’ve been helping people start their lives in the UK and Australia for over 25 years. We help people pursue their lives, careers and travel aspirations in the UK and Australia. If you’re moving to the UK, we can advise on the immigration process, open a bank account, find a job, manage your finances and everything in-between. If you’re looking to move to Australia, our immigration experts can help you get find the right migration path and give you advice about setting up your life Down Under.
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