Here are the basic eligibility criteria for different visas:
Once the applicant’s application has been processed, they are given a temporary visa, which permits them to stay within Australia for 2 years, including full work rights during the time.
In certain situations, the applicant may not have to wait 2 years before applying for permanent residence. This may happen when:
- The applicant has been in the relationship with their spouse for 5 years or more at the time of filling the application.
- The applicant might have been in the relationship for two years where there are dependent children of the relationship.
- The applicant’s spouse was granted a permanent visa under the humanitarian program or a protection visa and was in a relationship with the applicant before granting the visa. This relationship was declared to Australian immigration officials at the time.
After the two-year period, the applicant will be entitled to apply for permanent residence in Australia, given that their relationship is continuing.
Now, in some circumstances, the applicant may be eligible for permanent residence even if the relationship has broken up before the end of the 2-year period. These are rare circumstances, and occur if:
- The applicant’s spouse has passed away during the given period.
- The applicant and their Australian spouse have children under the age of 18.
- The applicant or their dependents have been subject to any kind of domestic violence during the given period.