Australia Spouse/Defacto Visa (Subclass 309)

The Australia Spouse/Defacto Visa enables the partner of an Australian citizen/permanent Australian resident /eligible New Zealand citizen to migrate to Australia.

To apply for an Australian Spouse Visa:

• You must be legally married to your partner (marriages performed legally outside of Australia are usually accepted as valid under Australian law – exceptions include same-sex, underage, polygamous relationships as these are not legal in Australia).

To apply for an Australian Defacto Visa:

• For the immediate 12 months prior to your application, you and your partner must have been in a defacto relationship (a spouse like relationship, with a mutual commitment to a shard life together).
• You must be of the opposite sex to your spouse.
• You must be over 18 years old.

Factors considered in assessing a 12 month relationship for an Australian Defacto Visa:

• Travelling together.
• Joint memberships including sports, social and other activities.
• Knowledge of each other’s personal circumstances.
• Joint finances including joint bank accounts, joint major assets and joint real estate.
• Living arrangements, joint household accounts and joint residential receipts.
• Statutory declarations provided by your parents, family and friends on your relationship.

Frequently Asked Questions

• I have been in a defacto relationship for just less than 12 months – can I apply now?
You are able to apply although the application is likely to be declined, as you need to have been in the relationship for 12 months prior to the application (unless you are eligible for the requirement to be waived).