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Partner Visa

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Expert Knowledge, Seamless Immigration Advice.

Partner Visa

Australian visa for partners: A new life together

You and your partner feel that you are made for each other and have decided that you want to spend your life together.

The excitement of moving to a new country can be overshadowed by the stress and uncertainty of the visa process for your partner in Australia. Our expertise can help ensure you fulfil the necessary requirements for a successful outcome.

 

To be eligible:

You must either be married, engaged and intending to get married or living together in a de facto relationship. In all partner visa applications, you need to present evidence that you are in a genuine and committed relationship. Applications can be lodged in Australia when the applicant is in Australia (820/801) or if the applicant is overseas (309/100). If lodged in Australia, the applicant can go on a bridging visa and remain in Australia for however long it takes to assess the application. Prospective partner visas, also known as fiancé visas (300), have to be lodged when the applicant is offshore.

Partner visas are two-stage applications. The first stage is an application for a Provisional Visa and the second stage is an application for a Permanent Visa. You can sponsor up to two overseas partners in your life with each application having to be at least 5 years apart.

 

How Does The Partner Visa Work In Australia?

Your partner must be an Australian citizen or permanent resident, or an eligible New Zealand citizen, in order to sponsor you. There are certain circumstances where your partner may not be able to sponsor you, for example, if he or she has sponsored another partner before in the last 5 years.

You must either be married, engaged, in a registered relationship, or a de facto relationship.

 

If You Are Married:

  • If you are applying in Australia, your current visa conditions must allow you to make an application for a partner visa onshore.
  • Your marriage must be legal under Australian Law. If you were married in a country other than Australia and that marriage is valid in that country, generally, it will be recognised as valid under Australian law.
  • You and your partner must show a mutual commitment to a shared life as husband and wife to the exclusion of all others.
  • You and your partner must be living together or, if not, any separation must be only temporary.

 

What happens next?

Once the assessing officer is satisfied that you are in a genuine relationship and you meet all the other criteria, you will be issued a Provisional Partner Visa that allows you to come and stay in Australia, valid until a decision is made on your permanent visa.  You can submit documents for a permanent visa two years after the initial application lodgement. Provided you can demonstrate that the relationship is ongoing and genuine, you will be granted Permanent Residence visa.

In certain circumstances, such as if at the time of a partner visa application lodgement you have been married or living in a de-facto relationship for three or more years, or you have a child from the relationship you may be granted provisional and permanent visas at the same time.

 

If You Are Offshore And Plan to To Be Married

You must be able to legally marry according to Australian law, and you must be outside Australia at the time of application and decision.

  • Your fiancé must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
  • You will need to be able to show that your relationship is genuine and demonstrate that you genuinely intend to marry your fiancé within nine months from the date you are granted a visa and intend to then live with your partner as their spouse.
  • You will need to present evidence of a confirmed marriage date as provided by a recognised marriage authority, either in Australia or overseas, and that you and your fiancé have physically met and are personally known to each other.

 

What happens next?

  • Once the assessing officer is satisfied that you are in a genuine relationship, and you meet all the other criteria, you will be issued a Prospective Marriage visa (subclass 300).
  • You will have to marry your sponsor within 9 months from the date when that visa is granted. Once married, within 9 months from the date of a subclass 300 visa grant, you will be allowed to lodge an application for an onshore partner visa (820/801). You will have to be in Australia at the time of application lodgement and when a decision is made on your application.
  • Once the assessing officer is satisfied that you are in a genuine relationship, and you meet all the other criteria, you will be issued a Provisional Partner Visa that allows you to remain in Australia.
  • The provisional partner visa lasts as long as it takes for a decision to be made on the Permanent Visa.
  • Two years from the lodgement date of the Provisional Partner Visa, you can submit documents for the permanent residence stage. Provided you can demonstrate that the relationship is ongoing and genuine, you will be granted Permanent Residence visa.
  • In certain circumstances, such as if at the time of a partner visa application lodgement you have been married or living in a de-facto relationship for three or more years, or you have a child from the relationship you can be granted provisional and permanent visas at the same time.

 

If You Have Been In A De Facto Relationship For 12 Months Or More:

  • If you are applying in Australia, your current visa conditions must allow you to make an application for a partner visa onshore.
  • You and your partner must have been in a de facto relationship, that is living under the same roof, for the entire 12 months immediately prior to lodging your application.
  • You and your partner must show a mutual commitment to a shared life to the exclusion of all others. If there has been any separation, it must only be temporary, such as for business travel or overseas family commitments for the visa applicant.

 

What happens next?

  • Once the assessing officer is satisfied that you are in a genuine relationship, and you meet all the other criteria, you will be issued a Provisional Partner Visa that allows you to either remain in Australia if the application was lodged onshore or come to Australia if lodged offshore.
  • The provisional partner visa lasts as long as it takes for a decision to be made on the Permanent Visa.
  • Two years from the lodgement date of the Provisional Partner Visa, you can submit documents for the permanent residence stage. Provided you can demonstrate that the relationship is ongoing and genuine, you will be granted Permanent Residence visa.
  • In certain circumstances, such as if at the time of a partner visa application lodgement you have been married or living in a de-facto relationship for three or more years, or you have a child from the relationship you can be granted provisional and permanent visas at the same time.

 

If You Have Been In A De Facto Relationship For Less Than 12 Months:

  • If you and your partner have not been in a de facto relationship for 12 months immediately prior to lodging your application, you can still lodge an application for a partner visa for Australia.
  • The 12-month period can be waived, if you have registered your relationship under a law of a state or territory prescribed in the Acts Interpretation (Registered Relationship) Regulations 2008. Currently, all states and territories, except Western Australia and Northern Territory, have the prescribed regulations. Eligibility for registration also differs depending on the state or territory.
  • You and your partner must show a mutual commitment to a shared life to the exclusion of all others. This involves demonstrating a range of evidence about your relationship, such as financial pooling, being recognised as a couple by others and the nature of your household.
  • You and your partner must be living together under the same roof or show a strong intention of going to live together.

 

What happens next?

  • Once the assessing officer is satisfied that you are in a genuine relationship, and you meet all the other criteria, you will be issued a Provisional Partner Visa that allows you to either remain in Australia, if the application was lodged onshore or come to Australia, if lodged offshore.
  • The provisional partner visa lasts as long as it takes for a decision to be made on the Permanent Visa.
  • Two years from the lodgement date of the Provisional Partner Visa, you can submit documents for the permanent residence stage. Provided you can demonstrate that the relationship is ongoing and genuine, you will be granted Permanent Residence visa.
  • In certain circumstances, such as if at the time of a partner visa application lodgement you have been married or living in a de-facto relationship for three or more years, or you have a child from the relationship you can be granted provisional and permanent visas at the same time.

What Does This Visa Let You Do?

  • Live in Australia indefinitely, so long as the permanent stage of the visa is granted (either 801 or 100)
  • Enrol in Medicare, Australia’s Government operated health care system
  • Enjoy unrestricted work rights.

 

Partner visas are complex. Please contact our team of experienced registered migration experts for immediate advice and assistance.


Partner Visa Frequently Asked Questions

  • I want to sponsor my partner, what are the basic things to consider?

    Many Australians find overseas partners who they wish to spend the rest of their life with, and there is a pathway to obtain a permanent visa based on a genuine relationship with an Australian citizen, Australian Permanent Resident or Eligible NZ citizen.

    Most partner visas can be lodged in or out of Australia, except for Prospective Partner visas, which must be lodged when the overseas partner is offshore. To lodge any partner visa, the applicants must show that their relationship is genuine and mutually exclusive.

    This visa can be based on marriage, a de-facto relationship of living together for 12 months under the same roof, or de-facto of less than 12 months of living together and registering their relationship with the Registry Office of their State/Territory in Australia. Please note that not all States and Territories have a facility for relationship registration. As an example, WA and NT do not allow for relationship registration. In the case of these two states, you and your partner need to either be living together for 12 months under the same roof or get married prior to lodging your partner visa. Please also note that if you are going to lodge on basis of being married, the marriage needs to have taken place prior to lodgement.

    A partner visa is a two-stage application. In the first stage, once positively assessed, a provisional visa is granted. After two years from lodgement of the provisional visa, the provisional visa holder can apply for a permanent visa.

    It is important to check if your overseas partner does not have an 8503 condition (no further stay) on their visa from which they are going to lodge a partner visa, as this condition would prevent them from lodging another visa onshore. A no further stay condition is (8503) is typically, but not always, placed on some visitor visas, especially 600 visas and family-sponsored visitor visas.

  • I’m currently on a bridging Visa awaiting the assessment of my subclass 820 visa or I am on a provisional partner visa, subclass 820. The relationship with my partner has ceased. Do I have to leave Australia?

    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:

    1. Sharing parental responsibility, if there is a child born of the relationship;
    2. If your partner has died;
    3. If you have been the victim of domestic violence.

    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.

  • What if my partner and I have just started living together or we have been living together but have very little evidence to demonstrate this?

    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.

Client Story

partner sponsorship

RAINER AND JUAN

Juan applied for a Spouse Visa (Provisional 309) in March 2011 and got her Permanent Visa (Subclass 100) in August 2012.

She is currently living in Sydney and works at Kairos International Pty Ltd, as a Software Support Assistant.

I met my husband, Rainer, an Australian of Norwegian background, and an IT Technician, in Jan 2008 and we got married in China in Jan 2010. At that time, I was working in Nanjing, China and my husband was working in Sydney, Australia. We had to live separately even after we got married, which was very grievous for a recently married couple.

The visa application process was complex and very challenging. AustraliaMigrate helped me to prepare and lodge my application in a limited time. My application was approved just within one week and my 457 long stay business visa was granted.

Why AustraliaMigrate?

“AustraliaMigrate Pty Ltd has been helping people around the world successfully apply for Australian visas for over 20 years.
Our professional specialists are highly experienced in the migration environment.”

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.

partner visa

What our clients have to say about us

B. SISSING

Thank you Ian. Fabulous news. Thanks to you and your team’s effort and work. Great service.

C. DAVIES

Thank you SO so much for all of your patience and work on this. Still hasn’t sunk in yet that I’m actually free! Once again, massive thanks to both you and Mariola!!

CAMILA & CHRISTIAN

Thanks so much for this excellent news. I’m impressed how fast and smooth it all went, which is a result of excellence in services. Thanks so much for all the attention.

M. MOBIN

Thank you Ian ,I highly appreciate your kind efforts. Its a big day for me and my family and you make it possible. May you live long with health, wealth and peace.

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