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Permanent Visa Options
Partner / Interdependency Visa
Australian
citizens/permanent residents and eligible New Zealand citizens who are
over 18 years of age are able to sponsor their interdependent partner
for permanent residency. This visa is often used for gay and lesbian
partners, but can be used for any relationship where there is a mutual
commitment to a shared life in a genuine relationship.
In certain situations, your partner may not be able to sponsor your
application. These include if:
-
he/she has sponsored 2
previous partners for migration before you;
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he/she has sponsored a
previous partner within the last 5 years; and
-
was sponsored
himself/herself within the last 5 years.
If any of these apply to
your partner, you should contact us to discuss your options.
There are a number of criteria that the Department will assess your
relationship against in order to grant your visa. You will need to prove
that:
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you have been living with
an Australian citizen/permanent resident or eligible New Zealand
citizen for at least 12 months preceding application;
-
you and your partner have
a mutual commitment to a shared life to the exclusion of all others,
and have a genuine and continuing relationship;
-
you and your partner live
together; and
-
you meet health and
character requirements.
Dependents may be included
in your application and must also health and character requirements.
You may be asked to obtain an Assurance of Support (‘AOS’) prior to the
grant of your visa. This document allows the government to ask the
person providing the AOS to repay them any welfare payments made to you
within the first 2 years of being granted your visa or entering
Australia.
Interdependency Visas are generally issued through a 2 stage process.
Initially, if all requirements for the visa are met, a provisional visa
is granted. The provisional visa allows you to work, travel in and out
of Australia, and access Medicare. Two years after you lodged your
application, the Department will reassess your situation and will then
issue a permanent visa if all criteria are met.
If you can demonstrate that you have been in an interdependent
relationship with your Australian partner for the 5 years immediately
prior to application, you may be granted a permanent visa, rather than a
provisional visa.
Interdependency Visa applications may be lodged within Australia or at
the relevant overseas post, depending on your situation.
A refusal of an Interdependency Visa may be reviewed at the Migration
Review Tribunal.
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