Partner Visa Australia
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Partner Visa Australia
The Partner Visas are pathways to permanent residence. This visa is valid for two years from the date it is granted. After this, the holder may apply for permanent residence. Partner Visas are an important way of maintaining family unity in Australia while also contributing to the economic and social fabric of the country. These visas have been increasingly more complex and difficult. If prepared correctly, it is a relatively straightforward application.
What is a Partner Visa Australia?
Partner Visas are often also known as de facto visas in Australia. They are usually provided to the partners and spouses of permanent Australian Citizens, residents, or those who are eligible New Zealand Citizens living in Australia. A partner visa is not difficult to obtain for heterosexual or same-sex couples. In order to obtain a Partner Visa Australia, you must first go through two different phases. Firstly, an applicant gets a provisional partner visa, which is categorized as Subclass 820 for onshore applicants or Subclass 309 for offshore applicants. Once the applicant qualifies for the provisional partner visa, they must stay in the country for a certain period of time. Couples are then assessed again for meeting the criteria of a permanent partner visa, which is further classified into two categories; Subclass 100 for onshore applicants and Subclass 801 for offshore applicants. Partner Visas provide many benefits to recipients such as the ability to live and work permanently in Australia, access to free healthcare through Medicare, enrolling in government-funded education programs, and applying for Australian citizenship
What is the Validity of a Partner Visa?
A Partner Visa is a temporary visa that allows the holder to work and live in Australia for up to four years. It's only valid for the length of time until your Immigration Department decides on your permanent Partner Visa application. You can stay in Australia permanently once you obtain a permanent Partner Visa.
How does Partner Visa Australia Work?
If you are eligible for an Australian visa, your Temporary and Permanent Visas will be issued based on the results of your application. You must submit an application and have it accepted by the appropriate authorities in order to have it assessed. If, after the evaluation, you meet the requirements for this Australian visa, a temporary Partner Visa may be offered to you
In certain situations, you may qualify for a permanent visa without having to wait if you and your spouse have been married or in a relationship for two years or more, and one of your family members is present. If your partner has received an Australian humanitarian visa or a protection visa on the basis of the Humanitarian Program, the two-year waiting period is waived.
What are the main requirements for a Partner Visas?
Demonstrate you are in a genuine, long-term, mutually committed relationship and not living apart on a permanent basis; and
Meet the sponsorship requirements (e.g. not have sponsored someone before within a certain period, do not have a criminal record, etc); and
Provide evidence to meet the four pillars; and
Be of good character; and
Be of good health.
What are the Stages of Partner Visas?
Stage 1: Temporary Partner visa
This is a temporary Partner visa (subclass 801) that leads directly to the permanent Partner visa and You must be in Australia when you apply.
This Partner Visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen live in Australia temporarily.
Stage 2: Permanent Partner Visa
You must hold a temporary Partner visa (subclass 820)
This Partner visa lets the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen live in Australia permanently.
What are the Different Types of Partner Visas?
Partner visas and spouse visas are available to applicants based on their needs and the requirements they must fulfill in order to obtain one. Depending on your circumstances, there are a number of visas you may consider. Click on the following types of Partner Visas to find out more information.
Partner Visa (Onshore) Subclass 820/801
Partner Visa - subclass 820/801 is for applicants who want to get permanent residence (PR) while residing in Australia.
You will have to lodge both the provisional and permanent visa as one application and pay an application fee. You are required to provide supporting documents and meet the visa requirements for both stages.
Partner Visa Offshore– Subclass 309/100
Offshore Partner visa - subclass 309/100 is for applicants who want to apply for permanent residence (PR) outside of Australia.
Your application is processed in two stages. You will have to lodge both the provisional and permanent visa as one application and pay a visa application fee. You are required to provide supporting documents and meet the visa requirements for both stages.
Prospective Marriage Visa (Subclass 300)
The Prospective Marriage visa (subclass 300) is for people who want to come to Australia to marry their prospective spouse. It is a temporary visa valid for 9 months. During these 9 months, you are expected to come to Australia and get married. Once you are married, you would be eligible to apply for the onshore Partner visa (Subclass 820/801).
Dependent Child Visa (Subclass 445)
Dependent Child Visa Subclass 445 is a temporary visa that can be applied for and granted both in and outside of Australia.
It is intended for the dependent child (who was not included in the same application) of a parent who is currently holding a Partner Visa (offshore) (Subclass 309) or a Partner Visa (onshore) (Subclass 820). The holder of the dependent child visa can, later on, seek to be added to the parent’s permanent visa application (which is the offshore Subclass 100 or the onshore subcass 801).
What is the Partner Visa Australia Document Checklist?
Regardless of the Partner Visa Australia subclass you are applying for, the documents and information necessary for your application are largely the same. The Partner Visa Australia document checklist serves as proof of your relationship. The most important part of gathering these documents is to plan ahead. Click the button to find out what are the documents needed for Partner Visa Application.
What is the Partner Visa Processing Time?
There is no specified time frame for how long it will take your partner visa application to be completed, but on average, the partner visa processing time takes between 16 months to 24 months. However, in most cases, the department responds to the application only after the published deadlines have passed.
Questions?
Speak to our Partner visa specialists to learn the subtle differences between each type of Partner Visa Australia. Take advantage of the benefits that each visa brings.
Did you know that there is a way to apply for a bridging visa even if you lodged an offshore partner visa (subclass 309/100)? You can even get full work rights and access to Medicare. Yes, that’s right - Offshore Partner Visa (subclass 309/100).
- Allow us to explain the subtle differences
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Each circumstance of issues and difficulties must be considered on its own merits and we can guide you on the most appropriate strategy to move forward. We’ll present several options and help you choose an option that best suits your needs. The 3 main things to consider:
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Best Results for Complex Matters
If you have an unusual Partner visa application that requires a team of lawyers focusing only on complex issues in Partner visas, please let our team know at the very start.
What are the Examples of Complex Issues?
The Partner visa requirements are becoming more and more difficult to meet. Agape Henry Crux specialises in complex partner visa applications, including cases where:
the couple has to live apart due to work or family circumstances.
same-sex couples who are living apart and have no love or sexual relationship.
one partner is claiming to be in a de facto relationship while still married to someone else.
there are issues relating to the custody of children from previous relationships.
the visa applicant has suffered domestic violence.
the visa applicant has health or character issues.