. Fiance(e)s in Australia

People already in Australia on temporary visas are unable to extend their stay in Australia by applying for a visa as a fiance(e). There is no visa category available to cover this situation.

However, if the marriage takes place during the period of authorised stay, the person may be eligible to apply in Australia for a Spouse visa.

. Interdependent partners
Interdependency visa is for a person who have an interdependent relationship (usually same sex) with an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

The relationship must be genuine and continuing and involve a mutual commitment to a shared life together. The person must also be living together and must not have a spouse or other interdependent partner.

Any person applying in or outside Australia for permanent residence on interdependency grounds go through a similar two stage process as spouses (see above) and is also covered by one application.

Interdependency applicant is also subject to the 12 month requirement.

In certain limited circumstances, provisions exist for the permanent visa to be granted in less than two years; One example is where the relationship is long-term at the time of application. This is defined as five years.

. All applicants for family stream migration, whether they apply in or outside Australia, must be sponsored by their partner (or by a parent of their partner in certain circumstances).

. The sponsor must be a citizen, Australian permanent resident or eligible New Zealand citizen and be 18 years of age or older.

. There are limits on the number of partner visa sponsorships a person may make, and the time-frame in which they may be made:

a limit of two approved sponsorships or nominations can be made, with a minimum of five years apart, and if the sponsor was sponsored or nominated to Australia as a partner, they must wait five years before sponsoring a spouse, fiance(e), or interdependent partner.

Approved sponsorships or nominations are those which result in the applicant being granted a Spouse, Prospective Marriage or Interdependency visa.

The limitations may be waived in compelling circumstances, including:

if the previous spouse / partner has died or abandoned the relationship, leaving young children, or
If a new relationship has been formed that is long­standing or involves dependent children of the relationship.

A person who is an applicant for a Spouse, Prospective Marriage or Interdependency visa may be required to obtain an Assurance of Support (AoS) if they are assessed by DIMA as at risk of becoming a charge on Australia's social welfare system. Assurances of support are discretionary for such partner visas and will not be sought by DIMA in all cases.

How to apply for partner Migration?
. The sponsor in Australia must complete "Sponsorship for a partner to migrate Form" 40SP (See Annexure Australia XXI) before applying for a partnership visa in India or in Australia.

. After receipt of Form 40SP, the partners should now complete and sign" Application for migration to Australia by a partner Form" 47SP (see Annexure Australia XXIII)

. In case there are other dependent children or family members along with the partner, each dependent child and dependent relative of the partner who is aged 18 years or over (whether or not they are migrating with the partner) should individually complete and sign "Details of child or other dependent family member aged 18 years or over" Form 47 A (see Annexure Australia XXII).

. Complete and sign" Additional personal particulars information Form 1221 (See Annexure Australia XXV).

. Applicant should lodge all these form(s), together along with the supporting documents, at the Australian mission.

. After the lodgment of the application, if there is any change in applicant's address or passport, or applicant intend to change his/her residential address for more than 14 days while the application is still under processing, applicant must advise the mission about this change through" change of address  and / or passport details Form" 929 (see Annexure Australia XXIV). It is recommended to advise the mission of the new address prior to moving, and for how long the applicant will remain there.

Documents Required

.  Sponsorship for a partner to migrate Form 40SP (See Annexure Australia XXI)

. Application for migration to Australia by a partner form 47SP (See   Annexure Australia XXIII).

. Details of child or other dependent family members aged 18 years or over Form 47 A (if required) (See Annexure Australia XXII).

. Additional personal particulars information Form 1221 (See Annexure Australia XXV).

. Original birth certificate for each applicant. If an applicant does not have a birth certificate, a school certificate bearing the date of birth will be accepted. Applicants born before 1940 who are unable to provide either a birth certificate or a school certificate must submit an affidavit with birth details.

. Original marriage certificate. If the marriage was not registered, then it must be formally registered and evidence from an acceptable authority be provided.

. Wedding / engagement photos.

. If the applicant or sponsor has been previously divorced; original, intermediate and final divorce decree, or legal separation agreement including court decision on child custody where applicable (or decree nisi in the case of the sponsor).

. If the applicant or sponsor is widowed, original death certificate of the deceased spouse.

. Evidence of Australian citizenship or permanent resident status of the sponsor (e.g. Australian citizenship certificate, or copy of passport pages which show identification page, permanent visa and any arrival / departure stamps for Australia).

. Visa or document on which the sponsor first migrated to Australia or permanent entry permit / visa granted to the sponsor after arrival in Australia (if the sponsor did not arrive in Australia as a migrant). If there is no longer a copy of the initial visa, please provide as many details about the visa as possible (e.g. place and date of grant, visa class, name on the visa, visa number.)

. Evidence that the sponsor is able to fulfill the sponsorship undertaking; including latest income tax assessment (Notice of Assessment from Australian Taxation Office); current pay slips, employment contract or appointment letter or evidence of alternative income.

If not married

. Detailed evidence of the applicant's contact with the sponsor

.since first meeting, e.g. letters with original envelopes; itemized telephone accounts of the applicant and sponsor; evidence of e­mail correspondence over the period of the relationship.

Separate detailed statements from the applicant and sponsor regarding the history of the relationship, including the following. details - how, when and where first met, when the decision was made to marry; the engagement / wedding; time spent together; how the sponsor and applicant kept in contact during any time apart.

If applying as a fiance

. Evidence that the applicant intends to marry the sponsor in Australia. Please provide one of the following documents:

A certified copy of the Notice of Intention to Marry (NOIM). The section on the NOIM which is to be completed by a marriage celebrant must be completed and must clearly state the celebrant's authorization number, and the date of the intended marriage, or
An original letter from the marriage celebrant or priest / pastor on official letterhead stating the date and venue of the intended marriage and advising that a NOIM has been lodged. The letter must include the celebrant / priest / pastor's contact details and authorization number.
An original letter / booking form from the Registry Office where the marriage is to take place, including the date and venue of the intended marriage.

. Four (4) passport photos for each applicant with name written on the reverse.

. Original Police Clearance Certificate from the Regional Passport Office for each applicant aged 16 or over. Please note that certificates from the local police station are not acceptable. Foreign nationals living and applying in India should obtain a police clearance from the Ministry of Home Affairs in their state.

. If the applicant has been resident in Australia for more than 12 months in the last 10 years, a police clearance certificate from Australia. For instructions on how to obtain a certificate from Australia, please refer forms 47P and 1101.

. If the applicant has been resident in a different country for more than 12 months in the last 10 years, a penal clearance certificate from that country. Please refer to Form 47P for further instructions on how to obtain such a clearance.

. Form 80 in triplicate for each applicant aged 16 years and over. Completed forms are to be returned immediately, ahead of other documentation if necessary.

. An Assurance of Support (AOS) for the applicant.

. Evidence that the sponsor is 'usually resident in Australia' (if the sponsor is not an Australian citizen). Such evidence may include details of all the sponsor's personal, physical, financial or other ties to Australia, bank accounts, membership of organisation in Australia etc.

At least two statutory declarations from individuals who are Australian citizens or permanent residents and have personal knowledge of the relationship and who support the claims that the relationship is genuine and continuing.

Provision of all contact numbers from the applicant and the sponsor.