Applying for a 186 visa is not only about your job offer. It also involves meeting strict partner requirements. If you plan to include your spouse or de facto partner, you must satisfy specific eligibility, health, character, and document rules.
Getting this right can be the difference between a smooth approval and an unnecessary delay or refusal.
The Subclass 186 Employer Nomination Scheme visa allows skilled workers to live and work in Australia permanently. It is granted through employer sponsorship. Once approved, it gives permanent residency from day one.
But here is what many applicants overlook: their partner also needs to meet strict eligibility requirements, and the supporting documents need to be thorough and consistent.
The Australian Government takes relationship claims seriously. If your documents are weak or inconsistent, your entire visa application can be delayed or even refused.
Who Can Be Included as a Partner?
Let’s start with the basics. Who actually counts as a partner? The Department of Home Affairs has a strict legal definition. You must fit into one of two categories.
- If you are legally married, your spouse can be included. The marriage must be valid under Australian law. You must also prove that the relationship is real, not just a paper arrangement.
- If you are not married, you may qualify as de facto partners. In most cases, you must have been in a de facto relationship for at least 12 months before applying. This means living together on a genuine domestic basis.”
There are limited exceptions to the 12-month rule. For example, if your relationship is officially registered under an Australian state or territory law, the 12-month requirement may not apply.
You and your partner must also usually be at least 18 years old at the time of application. If either of you was previously married or in a de facto relationship, you must provide evidence that the earlier relationship has legally ended.
It is also important to understand what does not qualify. A fiancé, girlfriend, or boyfriend who does not meet the de facto requirements cannot be included. A casual relationship is not enough.
186 Visa Partner Eligibility Requirements
Here are the core eligibility requirements your partner must meet.
Each one is assessed carefully. Missing evidence can slow down your permanent residency approval.
Relationship Requirements
Your relationship must be genuine and continuing. The Department wants proof that you share a real life together. This includes emotional commitment, shared finances, and a shared household. If you are married, you must show that the marriage is valid and ongoing. If you are de facto, you usually need to show at least 12 months of living together.
Temporary separation is allowed in some cases, for example, work or travel commitments. But you must explain it clearly and provide supporting documents. Remember, consistency matters more than volume; ten strong documents are better than fifty random ones.
Health Requirements
Your partner must meet Australia’s health standards. This applies even if they are perfectly healthy. Health checks are completed through approved panel doctors. These examinations usually include a medical assessment, chest X-ray, and sometimes blood tests.
Health assessments are mandatory for all permanent visa applicants, including secondary applicants. If a family member fails the health requirement, the entire visa application can be refused.
Character Requirements
Character requirements mainly involve police clearance certificates. Police checks are required for every country where your partner has lived for 12 months or more in the past 10 years. This includes Australia if applicable.
The Department assesses criminal history carefully. Even minor offences must be declared. Failing to disclose information can lead to refusal on the grounds of providing incorrect or misleading information.
English Language Requirements
If your partner holds a passport from an English-speaking country, the UK, USA, Canada, New Zealand, Ireland, or South Africa, no English test is required.
If your partner does not hold a passport from one of those countries, they may need to show functional English. This can be done through an approved test such as IELTS or PTE. If functional English is not demonstrated, a second instalment visa charge may apply, which can cost several thousand dollars.
There are several ways to avoid that fee:
- English Test. For IELTS, applicants need a score of at least 4.5 in each of the four test components. For PTE, the minimum score is 30 in each of the four communicative skills.
- That is a lower bar than the main applicant’s requirement. Check the Department’s website for exact scores for each test type.
- Proof of study. If your partner completed at least one year of tertiary study in Australia, or completed a qualification taught in English in an English-speaking country, that may qualify. You will need the certificates and transcripts.
- Pay the fee. Some families do the maths and decide that paying the fee is easier than preparing for a test. That is a personal choice. Both options are valid.
Complete Document Checklist for 186 Visa Partner
Use this practical document checklist to prepare your partner’s paperwork correctly.
Think of this as your working file guide.
Identity Documents
Your partner must prove their identity clearly. This usually includes a clear copy of the passport bio page. The passport must be valid at the time of application.
A full birth certificate is also required. It should show both parents’ names. If applicable, include a national identity card. Recent passport-sized photographs may also be requested.
Make sure all documents are consistent. Names, dates of birth, and passport numbers must match across every form.
Relationship Evidence
This is the most important category. If you are married, provide your official marriage certificate. If it is not in English, attach a certified translation. If you are in a de facto relationship, you need evidence of living together for at least 12 months, unless exempt.
Avoid submitting random screenshots without context. Every document should support the story of your relationship.
Useful documents include:
- Joint lease agreements or property ownership papers.
- Joint bank account statements showing shared financial activity.
- Utility bills are addressed to both of you at the same address.
- Photos together over time, not just from one event.
- Travel bookings showing trips taken together.
- Statutory declarations from friends or family confirming your relationship.
Financial and Household Evidence
The Department looks at how you manage daily life together. Do you share expenses? Do you both contribute to rent or mortgage payments? Are household bills paid from a joint account?
Even small details matter. Shared insurance policies or beneficiary nominations can strengthen your case. If one partner handles most finances, explain this in a short written statement.
Health and Character Documents
You will need proof that health checks have been completed when requested. Keep copies of referral letters and medical confirmation receipts.
Police clearance certificates must be uploaded once received. Make sure they cover all relevant countries. Some applicants are also required to complete character declaration forms.
How to Add a Partner to a 186 Visa Application
Under the Subclass 186 Employer Nomination Scheme visa, you can include your partner at different stages. Each situation has different implications.
Adding Your Partner at the Time of Application
This is the simplest option. You list your partner as a secondary applicant when you lodge your visa application, with all required documents submitted together. This approach is usually faster and more cost-effective. The Department assesses the whole family unit at the same time.
Adding Your Partner After Lodgement but Before Decision
Life happens. Some applicants marry or enter a de facto relationship after submitting their visa. If your 186 visa has not yet been decided, you can request to add your partner. You must inform the Department of Home Affairs through your ImmiAccount.
You will need to provide updated forms, relationship evidence, health checks, and police clearances, and pay any additional visa charges.
Adding Your Partner After a Visa Grant
If your 186 visa has already been granted and your partner was not included before the decision, you generally cannot simply add them. In most cases, your partner would need to apply separately through the partner visa pathway, such as the Subclass 820/801 (onshore) or 309/100 (offshore), depending on where they are living.
| Are you confident your partner meets all the eligibility criteria? Or, do you have all the documents ready to prove your relationship? You need to ensure your partner meets all eligibility criteria for a smooth 186 visa application. Even small gaps in documentation or missing evidence of your relationship can cause delays or requests for further information.CIA Lawyers can review your documents, check your partner’s eligibility, and advise on any missing evidence. They make sure everything meets the Department’s requirements, giving your application the best chance of success. Book a consultation today with CIA Lawyers and get professional guidance to prepare a complete and accurate application. |
