Changes to Expand Onshore Partner Visa Eligibility
From 14 September 2009, amendments have been made to the Migration Regulations to allow some partners of Australian citizens, Australian permanent residents or eligible New Zealand citizens who were previously barred from making an application to apply for a Partner visa in Australia.
A person who does not hold a substantive visa (that is a visa that is not a Bridging visa or a Criminal Justice visa) and has had a visa refused or cancelled since their last entry to Australia is prevented by section 48 of the Migration Act from applying for another visa while in Australia, except for certain prescribed visa classes.
From 14 September 2009, these people may now be eligible to apply for a Partner visa in Australia if they meet certain criteria. They must not have had a visa cancelled or refused on character grounds or have had a Partner visa refused since their last entry to Australia, and they must provide with their application:
* a form 40SP Sponsorship for a partner to migrate to Australia completed and signed by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who declares that they are the spouse or de facto partner of the applicant; and
* two statutory declarations from Australian citizens, Australian permanent residents or eligible New Zealand citizens supporting the existence of their relationship with their sponsor.
http://www.immi.gov.au/migrants/family/partner-visa.htm