Unlawful non-citizens and partner visas

Non-citizens who become unlawful in Australia (i.e. don’t hold a valid visa) can still apply for a partner visa (whilst unlawful) if they are married or in a de facto relationship with an Australian citizen, permanent resident or an eligible New Zealand citizen. To be successful, the applicant will need to demonstrate to the Department of Home Affairs that: (1) there are compelling reasons for their partner visa application and (2) they became unlawful due to factors beyond their control.