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A provisional or permanent partner visa may be granted to the spouse, de-facto partner, or fiancé of an Australian citizen or Permanent Resident, based on the couple being in a genuine relationship. An onshore lodgement of a partner visa is the subclass 820/801 and if lodged offshore, it is a 309/100.
Generally, a partner visa is a two-step application with a provisional visa being granted first (820 or 309) and then two years from the lodgement date, the permanent part can be lodged (801 or 100), where the couple will need to demonstrate they are is still together.
A 300 visa is a prospective (fiancé) partner visa, which can only be lodged when the overseas applicant is offshore. The couple will need to have met in person to be able to lodge this visa.
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There are generally two main kinds of parent visas which lead to Permanent Residence which are contributory and non-contributory parent visas. Either can be lodged either from within Australia or outside Australia. A parent visa can be lodged in Australia if at least one of the parents meet the age requirement of the aged pension definition in Australia
An applicant for a parent visa must meet the balance of family test. This means that at least 50% of the applicant’s children live in Australia as Australian citizens or Permanent Residents or more children are living in Australia as Australian citizens or Permanent Residents than in any other single country.
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Employer Sponsorship
Visa
Skilled Person & Want to Live
and Work in Australia
Sponsor My Partner
or Parents
Student Visa or
Graduate Visa
Start a Business or
Invest in Australia
You can lodge a Partner visa 820/801, based on either a de-facto relationship or being married, with limited evidence and keep adding new relationship evidence even after the application has been lodged, so when the Department of Home Affairs assesses your application, there will be a lot more evidence than at the lodgement stage.
The Department of Home Affairs will take into consideration whatever evidence you have provided in your application, before and after lodgement, at the time they assess your application. You can also lodge a partner visa based on a de-facto relationship without presenting your relationship registration certificate at the lodgement stage, but it is recommended to provide it as soon as possible.
To lodge an onshore parent visa, your parents must meet the balance of family test. In addition, at least one of your parents must be old enough to receive the age pension in Australia. They must not have an 8503 (no further stay) condition on their visitor visa, or if they do, they must apply for it to be waived prior to lodging the application.
You have the right to request the Department of Home Affairs to make a decision on your 820 or 801 visa (PR), even if it highly likely to be refused. Once refused you can appeal the decision by lodging an appeal application at the Administrative Appeals Tribunal (AAT) and remain in Australia while the application is in the AAT queue, pending a hearing date. If you withdraw your application, you do not have the right to appeal.
You may be able to apply for your 801 (PR) if special circumstances apply.
These include:
The other option is to consider lodging another visa such as an employer sponsorship TSS or 186 visa or student visa while holding an 820 visa.
No, although they are both Parent Visa Applications, it is not possible to switch once either application has been lodged. A new application and new visa charges will need to be paid. You can ask the Department to use the same documents so no need to send in new documents where there is an overlap of documents for both applications. In addition, you will lose your place in the queue when applying for a new parent visa category and will be treated as a new application.
We guide individuals and businesses through the complex migration process to Australia. With long years of industry experience, our immigration specialists have built a reputation of providing accessible, accurate and genuine advice to our esteemed clients.
Our specialists assist in preparing and reviewing your documents and forms before submitting for successful approval. We strive to make the whole immigration process hassle-free for you.
We have a very high success rate of visa approval and a solid reputation resulting in a large amount of repeat business. We provide immigration services to individuals, families and companies, whether they are small or public companies and in any industry.
Immigration is the only thing we do so we are highly specialized in it.
Maren Beattie arrived in Australia on a Working Holiday Visa in 2007. She and Matt had been pen-pals before she arrived.
Our relationship developed and we got married in Jan 2008. I applied for a spouse visa with my husband Matthew Beattie. I received my Permanent Visa in 2010.
Starting off in Australia in 2007 with a Working Holiday Visa, subclass 417. Shortly after meeting my husband, Matthew Beattie, we decided to get married. We were introduced and recommended by Matthew’s friend to contact AustraliaMigrate for assistance in the spouse visa application.
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