A Prospective Marriage visa is a temporary visa that remains valid for 9 months from the date the visa is granted. If you are granted a Prospective Marriage visa, you must enter Australia and, after that entry, marry your intended spouse (your fiancé) within the period that the visa is valid. To be eligible for a Prospective Marriage visa, you must:

• be sponsored by an Australian citizen, Australian permanent resident or eligible New Zealand citizen;
• be aged 18 years or over (or if you are aged 16 years or over but less than 18 years, you have an Australian court order allowing you to marry your intended spouse);
• have met (as adults) your intended spouse in person and know him or her. This must be the case even if – it is an arranged marriage; you and your sponsor met as children and the marriage was arranged before you turned 8 years of age; or you met on the internet (exchanging photographs is not evidence of having met in person);
• have no impediment to marrying your intended spouse;
• genuinely intend to marry your intended spouse;
• genuinely intend to live with your intended spouse as husband and wife; and
• meet health and character requirements

If you are granted a Prospective Marriage visa, your marriage can take place either in or outside Australia, but you must have entered Australia at least once on the Prospective Marriage visa before the marriage takes place. In addition, your marriage must occur within the 9-month validity period of your Prospective Marriage visa.

To be eligible to apply for a Partner visa, you must either be married toyour partner at the time you apply.

To apply in Australia for a Partner visa on the basis of marriage, you must be legally married to your partner (in most cases, your sponsor). To apply outside Australia on the basis of marriage, you must either be legally married to your partner at time of application or intend to legally marry your partner in the near future (before a decision is made on the temporary Partner visa).

If you were married in a country other than Australia and that marriage is valid in that country, generally it will be recognised as valid under Australian law. There are some exceptions, such as same-sex, underage or polygamous marriages, which are not accepted in Australia.

To be eligible for a Partner visa on the basis of your marriage, you must:

• be sponsored by an eligible person 
• be legally married to your partner (usually your sponsor);
• show that you and your partner have a mutual commitment to a shared life as husband and wife to the exclusion of all others;
• show that you have a genuine and continuing relationship with your partner;
• show that you and your partner are living together or, if not, that any separation is only temporary; and
• meet health and character requirements

To apply for a Partner visa as a de facto partner, you and your partner must show that you have been in a de facto relationship for the entire 12 months immediately prior to lodging your application Periods of ‘dating’ do not count towards the 12-month relationship requirement.

To be eligible for a Partner visa as a de facto partner, you must:

• be sponsored by an eligible person (usually by your partner);
• not be related by family;
• together with your de facto partner, be aged at least 18 years at the time your application is made;
• show that you and your partner have a mutual commitment to a shared life to the exclusion of all others;
• show that you have a genuine and continuing relationship with your partner;
• show that you and your partner have been in a de facto relationship for the entire 12 monthsimmediately prior to lodging your application;
• show that you and your partner are living together or, if not, that any separation is only temporary; and
• meet health and character requirements

In assessing a claimed de facto relationship, the department looks at evidence of things such as livingtogether full-time, sharing important financial and social commitments, and setting up a householdseparately from other people.