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R2.1.15 When may partners included in an application be issued with a residence visa or granted a residence permit?
a.
For a 'partner' included in an application to be issued with a residence visa or granted a residence permit a visa or immigration officer must be satisfied that they meet ‘Partnership’ policy requirements which are:
i
the principal applicant and partner are living together in a genuine and stable partnership (see F2.10.1), and
ii
the couple have been living together in such a relationship for 12 months or more at the time the application is assessed, and
iii
the partnership meets the minimum requirements for the recognition of partnerships set out at F2.15 in that:

the couple were both aged 18 years or older at the time the application for residence was made, or if aged 16 or 17 years old have the support of their parent(s) or guardian(s), and

the couple have met prior to the application being made, and

they are not close relatives (see F2.15(d)).
b.
When assessing if the duration of partnership requirement in a. ii above is met visa and immigration officers may include any period immediately prior to any marriage where they are satisfied the couple was living together in an interdependent partnership akin to a marriage.

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R2.1.15.1 What happens if a visa or immigration officer is not satisfied that a couple are living together in a partnership that is genuine and stable?
If a visa or immigration officer is not satisfied the principal applicant and partner included in the application are living together in a partnership that is genuine and stable, then:
a.
the partner will not be issued a residence visa or granted a residence permit; and
b.
if the principal applicant is reliant on:
i
the attributes of their partner included in the application, or
ii
the family relationship of their partner included in the application,
those attributes or relationships will not be taken into account when determining eligibility of the principal applicant under Government Residence policy

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R2.1.15.5 What happens if the partnership is considered to be genuine and stable but is less than the 12 months required?
a.
If a visa or immigration officer is satisfied the principal applicant and partner included in the application are living together in a partnership that is genuine and stable, but the duration of that partnership is less than the 12 months required, then:
i
in any case where the grant of residence to a principal applicant is reliant on the relationship with or attributes of their partner the application must be declined under Government Residence policy, or
ii
in any case where the grant of residence to a principal applicant is not reliant on the relationship with or attributes of their partner the visa or immigration officer may proceed with processing the principal applicant for residence but defer the final decision on the partner to enable the qualifying period to be met.
b.
If a partner’s application for residence has been deferred as described in (a)(ii) above they may be issued with a work visa or granted a work permit (once an application has been made) for a period sufficient to enable the qualifying period to be met and any further assessment of their residence application to be completed (see WF2.20).

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