What Is Partner Visa

What is Partner Visa?

What is Partner Visa?
Partner Visas are for the partners and spouses of permanent Australian Citizens, Permanent Residents or those who are eligible New Zealand Citizens living in Australia. You are also eligible to apply for a partner visa if you are in a same sex relationship. Partner visas allow you to remain permanently in Australia.

Partner Visa

Partner Visa Application Process

There are two stages of obtaining a partner visa in Australia, wherein first, a person gets a provisional partner visa which is categorized in Subclass 820 for onshore and Subclass 309 for offshore applicants. Once the applicant qualifies for the provisional partner visa they have to stay in the country for a certain period of time. Couples are assessed again for meeting the criteria of permanent partner visa which is further classified into two categories; Subclass 801 Visa for those having subclass 820 visa and subclass 100 visa for the subclass 309 visa holders.

Different types of Partner Visa

Currently, there are 3 different types of Partner Visa. The visa you apply for will depend on whether you are married or planning to get married and whether you are onshore or offshore. The 3 different types of visas are listed below:

  • Prospective Marriage Visa (Subclass 300)
  • Partner Visa Offshore (Subclasses 309 and 100)
  • Partner Visa Onshore (Subclasses 820 and 801)

Partner Visa Stages

  • Stage 1 : Temporary Partner visa
  • Stage 2: Permanent Partner Visa

For you to be eligible to apply for a partner visa you do not have to be married as long as you can provide evidence that you are in a de-facto relationship with your partner.

Defacto RelationshipWhat is a de facto relationship? You and your partner are in a de facto partner relationship if all of the following applies:

  • You are not legally married to each other
  • You are committed to a shared life to the exclusion of all others
  • Your relationship is genuine and continuing
  • You live together or do not live separately and apart on a permanent basis
  • You are not related by family.
  • Your relationship can be with someone of the same or different sex.

Length of relationship

Usually, your de facto relationship must have existed for at least 12 months immediately before you apply for the visa. Time spent dating or in an online relationship does not count as being in a de facto relationship.

If your de facto relationship has existed for less than 12 months, you might still be eligible for the visa. Please contact us and book an appointment to check your eligibility.

Partner Visa Sponsorship Requirements

Your sponsoring spouse/Partner must be an Australian citizen, permanent resident or eligible New Zealand citizen. Your partner may not be able to sponsor you if they sponsored another person or had been sponsored within 5 years or if they have sponsored 2 people previously. There are some exemptions for compelling circumstances that our accredited specialist team may be able to help you with.

Fiance Sc300

PROSPECTIVE MARRIAGE VISA (FIANCE) – SUBCLASS 300

The Subclass 300 temporary Prospective Marriage visa allows you to come to Australia to marry your prospective spouse. The application has to be made outside Australia and you must be outside Australia when it is granted. It is a temporary visa granted for 9 months to get married.

 

PARTNER VISA APPLICATION MADE IN AUSTRALIA – SUBCLASS 820/801

The Subclass 820/801 visa is an onshore partner visa. For you to lodge this visa you need to be in Australia at the time of application and be in Australia at the time the visa is granted. You lodge only one application for your temporary and permanent visas. Your application is processed in two stages, roughly two years apart from one another.

In some circumstances, it can be granted even if the relationship has ended.

PARTNER VISA APPLICATION MADE OUTSIDE AUSTRALIA – SUBCLASS 309/100

The application has to be made outside Australia and you must be outside Australia when it is granted. It is the first stage towards a permanent Partner visa (subclass 100). You lodge only one application for your temporary and permanent visas. Your application is processed in two stages, roughly two years apart from one another.

In some circumstances, it can be granted even if the relationship has ended.

All Provisional Partner Visas (Stage One) allow visa holders to

  • remain in Australia until a decision is made about your Permanent Partner visa
  • work in Australia
  • study in Australia, but with no access to government funding
  • enrol in Medicare, Australia’s scheme for health-related care and expenses

Once your Permanent Visa (Stage 2) is Granted, visa holders can:

  • stay in Australia indefinitely
  • work and study in Australia
  • apply for Australian citizenship (if you are eligible)
  • sponsor eligible relatives for permanent residence
  • receive some social security payments (waiting times apply)
  • travel to and from Australia for five years from the date the visa is granted

Our experienced team has helped many applicants obtain their permanent visa through the partner visa pathway.  There are a number of other requirements that need to be met and all applications are complex in their own nature. If you are thinking of applying for a partner visa or sponsoring a partner please book an appointment with our migration agents who will study your case and provide you with the best pathway.

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About Espandan Karki

Spandan is our Principal Registered Migration Agent. He is an experienced migration law professional with a solid history of working in the migration services industry. Spandan founded the company to match the needs of students and the requirements of institutions for the benefit of both.

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