The partner visas Australia stream is designed for applicants who are either intending to marry or who are already in a married or de facto relationship with, an Australian partner. An ‘Australian partner’ for this purpose means an Australian citizen or permanent resident visa holder, or an eligible New Zealand citizen. These visa options are also available to applicants who are in same-sex relationships.
Getting this visa is the first step towards a permanent Partner visa (subclass 801).
There is also a Spouse visa Subclass 309 visa is a temporary partner visa that allows you to live in Australia. The Subclass 309 visa is the first stage towards a permanent Partner Visa (Subclass 820/801 or offshore 309/100). Applications are processed in two stages, about two years apart.
You might want to bring your partner or family over to join you temporarily or permanently in Australia. How you do this will depend on your visa and family history. The family sponsor must be an Australian or eligible New Zealand citizen or Australian permanent resident.
You will be required to lodge family sponsorship and meet some criteria, including :
You must be 18 years of age
Partner visa sponsorship limitation
Not having a family violence history
To learn more contact us
WHAT KIND OF RELATIONSHIP?
If you are married to an Australian partner, and you are located onshore, you may consider whether you are eligible to apply for a Subclass 820/801 Partner visa. If you are outside Australia, the equivalent offshore application is the Subclass 309/100 Partner visa. o qualify for a partner visa in Australia, a key partner visa Australia requirement is that your relationship satisfies the relevant definition of either a ‘spouse’ or ‘de facto relationship. Therefore, things may not be as clear-cut as one might think.
De Facto Relationships
If you are in a de facto relationship with, an Australian partner, and you are located onshore, you may consider whether you are eligible to apply for a Subclass 820/801 Partner visa. The de-facto relationship may be interpreted in many different ways. Similarly, for a ‘de facto relationship, it’s ordinarily defined under laws in Australia. Overseas, the ‘de facto’ relationship may does not necessarily equate with how it is defined in Australia. Assessing whether you satisfy either of these terms (depending on your personal situation) is one of the most important aspects of your partner visa application.
Long term relationship
Relationships that are classified as ‘long-term’ under the migration laws are assessed for both the temporary and permanent residence visas at the first processing stage and are therefore fast-tracked by ‘skipping’ a step. That is, eligible applicants are granted subclass 801 (for onshore applications) or subclass 100 (for offshore applications) permanent partner visa Australia. A long-term relationship is one that has been in existence for a minimum period of 3 years; or 2 years, where there is a dependent child of the relationship.
It is not always a case you need to be in a relationship for 12 months to apply for a Partner / Spouse visa. It is important to prove you are in an ongoing and genuine relationship and time is only one of the options. Our Partner visa experts can assist you in finding the best solution for your case. Each person’s situation is different. Applicants come from different countries, cultures, and backgrounds this is why partner visa strategy sometimes has to be tailored to your individual situation. This is where our 20 years of experience comes in handy!
PARTNER / SPOUSE VISA SUBCLASS 820/801
What Are The Partner Visa Options?
The Partner Visa has three visa subclasses:
Subclass 820/801 Partner visa (onshore); and
Subclass 309/100 Partner visa (offshore).
Subclass 309 Fiance – Prospective Marriage visa
All options provide a pathway to permanent residence.
How Do You Apply For A Partner / Spouse Visa?
For both the onshore and offshore partner visa options, you are required to lodge an application and sponsorship. At the first processing stage, you will be assessed for the temporary partner visa in Australia. If your application is successful and the visa is granted, you will be permitted to stay in Australia with your partner whilst you await a decision on the permanent visa. You can apply for a permanent partner visa once 2 years have passed since lodgement of your temporary visa.
WHERE TO APPLY?
Apply In Australia
If you apply for an onshore partner visa, you will be granted a bridging visa, which will allow you to remain lawfully in Australia while you are waiting for visa decision. As bridging visas are a complex area of the law, we would recommend that you seek further information and advice on your visa status and how the bridging visa will apply to you, based on your personal situation.
An important aspect of lodging an onshore partner visa application is to first ensure that you can validly lodge the application in Australia and that you meet the time of application requirements. Schedule 3 criteria prescribe additional requirements for the grant of the onshore partner visa.
Apply Outside Australia
If you lodge an offshore partner visa application, you will be permitted to enter Australia upon grant of the subclass 309 temporary partner visa Australia. Given the extended processing times that normally apply, you might consider applying for another class of visa, such as a visitor visa, to enable you to visit your partner whilst you await a decision on the temporary partner visa application (provided you are eligible).
Upon grant of the offshore temporary partner residence visa, you can lawfully reside in Australia until your permanent partner visa Australia application is decided. However, you must be offshore while the visa is granted.
A NOIM is a Notice of Intended Marriage form that must be signed by both partners one month prior to your wedding. Australian marriage law states that, regardless of your country of birth, you must sign the NOIM and have your nominated celebrant submit it. The NOIM is valid for 18 months. It is required for Prospective Marriage visa subclass 300.
There are two types of Partner Visas: Subclass 820 and Subclass 801. The Subclass 820 visa is a temporary partner visa that allows you to live in Australia. The Subclass 820 visa is the first stage towards a permanent Partner Visa (Subclass 801). You apply for both visas at the same time and pay only one application charge. Applications are processed in two stages, about two years apart.
You must prove an ongoing and genuine relationship. It can be done if you are married or you can register a relationship or if you have evidence of a long-lasting relationship. 12 months of a relationship is the only guideline and in each case, it can be interpreted differently.
Processing time for the partner visa first stage takes approximately 18 months. Once your visa is granted you may apply for a Permanent partner visa. Our observation shows usually for not married couples longest take to get evidence together.
It is a big question and many things to consider. You will need to think about how long are you in a relationship, will you apply in Australia or offshore. Read our page or contact us to find out more.
No, 820 partner visa is a temporary visa leading you to 801 visa which is permanent.
Before you apply for a Partner visa.
You might want to get help with your application. You need to assess what type of relationship you have and if your evidence matches the right category. You will also need to make the decision to lodge an on or off-shore application. This is where our experts can help you to make the right decision.
Gather your documents
You should gather and provide all required information and evidence before lodging your application. It can take time to collect all documents but our online communication system makes it easier for clients who are in different locations. More documents we have, the better advice we can give you and stronger is your application.
Time to apply for your visa.
There are many different circumstances affecting when a visa should be lodged. Sometimes sooner is better, sometimes you need to collect more evidence, and sometimes your partner visa is a part of a bigger plan. Once you are ready, we will prepare a draft for you to be checked. Your sponsorship and application will be lodged with all attachments.
After you apply.
This is not the end of work. Now we will advise you about travel, adding family members to your application, having health exams, what to do if your situation changes, and other things. You will keep collecting evidence which we will attach to show ongoing relationship status. Based on the expected processing time we will apply for police clearance, you will book your medical examination. At this stage, we may also contact your case officer in Departament.
You must be in Australia when the 820 onshore decision is made. . You will receive Grant Letter with the visa grant number, specific conditions, sometimes the date when you can enter Australia, and visa expiry date. It is important to keep this letter as you will need it many times.