CAN MY WIFE GET PERMANENT RESIDENCY IN AUSTRALIA?

If you’re living in Australia and want your wife to join you permanently, the good news is that Australia offers partner visa pathways that can lead to permanent residency. These visas are available to both married and de facto couples, ensuring different types of relationships are recognised.

If your wife is seeking permanent residency in Australia, the Partner Visa program is the main pathway. This visa is open to both legally married couples and de facto partners, recognising different types of relationships. To qualify, you must meet the Department of Home Affairs’ requirements around relationship genuineness, health, and character. The process involves submitting evidence to prove your partnership, and while it can be complex, it provides a clear route to permanent residency for eligible couples.

As of 2025, the government application fee for the Partner Visa (subclass 820/801 or 309/100) is $9,365, payable to the Department of Home Affairs. Applicants should also budget for extra costs such as health checks, police clearances, and official document translations. Because of the high fees and strict documentation requirements, many couples choose to engage professional migration agents or legal advisors to guide them through the process and avoid common errors that could delay or jeopardise their application.

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Eligibility Criteria for a Partner Visa

To apply for a Partner Visa that can lead to permanent residency, both the applicant (your wife) and the sponsoring partner (you) must meet specific requirements.

Genuine and ongoing relationship: Married couples must provide a valid marriage certificate recognised under Australian law. De facto partners are generally required to prove they have been living together for at least 12 months before applying, although in some states, registering your relationship may waive the 12-month requirement.

Supporting evidence: Joint bank statements, shared lease or utility bills, photos from shared events or holidays, social media records, and statutory declarations from family and friends can all help prove the authenticity of your relationship.

Health and character checks: Your wife must undergo a medical examination by an approved panel doctor and provide police clearances from any country where she has lived for 12 months or more in the past 10 years.

Sponsor requirements: You must be an Australian citizen, permanent resident, or eligible New Zealand citizen, and agree to provide financial and emotional support to your wife while she is in Australia.

Married vs De Facto Applications

Both marriage and de facto relationships are eligible for a Partner Visa, but the evidentiary requirements differ:

Married couples: A marriage certificate proves the legal relationship, but additional evidence, such as shared finances, living arrangements, or social recognition, may still be required to show the partnership is genuine and ongoing.

De facto couples: Proof must demonstrate a committed relationship, including cohabitation, joint financial responsibilities, and public recognition. Couples may also need to provide evidence of plans together, such as raising children, buying property, or shared travel commitments.

The Department applies stricter scrutiny to de facto relationships to prevent misuse of the system, making consistency and thorough documentation critical. Example: We assisted a couple in Melbourne who had lived together for just over a year. By submitting tenancy agreements, utility bills, photos, and personal statements, their application was approved without delays due to the strength of their evidence.

Application Process and Timeline

The Partner Visa process involves two main stages:

Temporary Partner Visa

Subclass 820 (onshore) or Subclass 309 (offshore).
This allows your wife to stay in Australia while the permanent stage is processed.

Permanent Partner Visa

Subclass 801 (onshore) or Subclass 100 (offshore).
Usually applied for two years after the initial application, with updated relationship evidence required.

The full process typically takes 18 to 36 months, depending on case complexity and Department processing times.

If your wife applies in Australia, she may be granted a Bridging Visa A (BVA), which usually allows her to stay lawfully while waiting for a decision, with work and study rights depending on her visa status.

Costs and Fees

The Partner Visa application is one of the most expensive visas in Australia.

Base application fee (2025): AUD $9,365 (covers both temporary and permanent stages).

Additional applicant charges: AUD $4,685 for each applicant over 18, and AUD $2,345 for each applicant under 18.

Medical examinations: AUD $300–$500.

Police clearances: Generally from AUD $100, depending on the country.

Other costs: Certified translations, legal consultations, and postage

Common Risks and How to Avoid Them

Insufficient evidence: The most common reason for refusal. Ensure documentation is consistent, genuine, and detailed.

Visa condition breaches: If your wife is on another visa (e.g. student or visitor), she must comply with all conditions until a Partner Visa or Bridging Visa is granted.

Inconsistencies in documents: Conflicting information across forms or evidence can lead to refusal. Always cross-check submissions.

How a Lawyer Can Help

Enlisting the help of an experienced migration lawyer can dramatically improve your wife’s chances of securing permanent residency. At CMI Legal, we understand how important it is for families to stay together and build a future in Australia. Our experienced migration lawyers are here to support every step of your wife’s PR journey, providing expert legal guidance and personalised service that increases your chances of success. Here’s how legal support can assist:

Tailored evidence preparation: A lawyer will help you gather and present the strongest possible set of relationship documents, tailored to your unique situation and the Department’s expectations.

Complete sponsorship applications: They will ensure that your sponsorship application is complete, legally sound, and in line with Department requirements.

Ongoing compliance advice: Lawyers provide ongoing advice to ensure you remain compliant with all visa conditions and legal obligations.

Strategic support and appeals: Should complications arise, such as requests for more information or a visa refusal, a migration lawyer can provide timely strategic advice and represent you in appeals if necessary.

CONCLUSION

Yes, your wife can get permanent residency in Australia, but the journey involves multiple stages, careful documentation, and an understanding of both legal and practical requirements. Whether married or in a de facto relationship, you need to ensure the relationship meets the criteria and all evidence is consistent and compelling. By understanding the visa process, preparing strong evidence, and seeking legal advice where needed, you can support your wife in obtaining the residency status she deserves. CMI Legal is here to guide you every step of the way, offering expert support customised to your unique situation.

FAQs

CAN MY WIFE APPLY FOR PERMANENT RESIDENCY IF SHE’S NOT CURRENTLY IN AUSTRALIA?

Yes, your wife can apply for permanent residency even if she is not in Australia. The Partner Visa allows offshore applicants to apply.

HOW LONG DOES THE APPLICATION PROCESS TAKE?

The processing time varies, but it can take several months to more than a year. Be sure to submit a complete and well-documented application to avoid delays

CAN MY WIFE WORK IN AUSTRALIA WHILE ON A TEMPORARY VISA?

Yes, once your wife is granted a Partner Visa (Provisional), she will have full work rights in Australia.

WHAT ARE THE BENEFITS OF PERMANENT RESIDENCY IN AUSTRALIA?

Permanent residency offers a wide range of benefits, including access to healthcare, social services, and the ability to apply for Australian citizenship.

CAN MY WIFE APPLY FOR PERMANENT RESIDENCY IF SHE’S OVER 45 YEARS OLD?

While there is no age limit for spousal visas, age could be a factor when assessing your wife’s integration into the Australian community. It’s crucial to provide evidence of her commitment to the country.