PARTNER VISA AUSTRALIA – EXPLAINED BY US
Every partner visa application is unique and sometimes, its difficult to fit your relationship into a “box”. Our resident partner visa expert David can help. Call today on 08 6364 3782 for help with your partner visa.
The Partner Visa process is complicated!
Partner visas are part of the family stream of migration and encompass Prospective Marriage visas, Provisional Spouse and De facto spouse visas as well as the Permanent Spouse and De facto spouse visas (subclass 801 and 100). Together they contribute to approximately a little under 25% of the total migration program for the 2018 financial year.
We put together a 19 page document with the fair majority of the sections of the Migration Act and Migration Regulations that cover just one class off partner visa (the onshore sc 820/801 visa). Click here to download a copy of this document.
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OUR GUIDE
The following list contains the types of applications that can be made as well as the process. If you are in a relationship with an Australian citizen or permanent resident, then you may be eligible for a partner/spouse visa. The type of visa depends on your circumstances, such as your location, your immigration status, your relationship status and whether or not you are intending to get married.
THE ONSHORE PARTNER VISA - SUBCLASS 820/801
To apply for this visa, you must be onshore and be able to prove that the applicant is in a genuine married or de factor relationship with an Australian Citizen or Permanent resident. If you are not married, you must prove that you are in a de factor relationship, which is defined as living together for a period of greater than 12 months, or in a relationship that is registered for a period greater than 6 months. Unfortunately, if you are in the State of Western Australia, you are unable to register your relationship for the purposes of a Partner Visa Perth.
If you have less than 12 months evidence living together, we recommend you book in for a consultation with one of our Migration Agents in Perth on 08 6364 3782 to discuss your options. To be eligible to make the application, it is important that you do not currently hold certain conditions on your current visa, such as condition 8503 – No Further Stay. Once the application is made, you will be entitled to a Bridging Visa until the Department of Immigration and Border protection has made a decision. Depending on your circumstances, this bridging visa can allow you to work and study full time, however this may not always be the case (for example, an application made on the back of a Bridging Visa C). Two years after your application is assessed, the Department of Immigration will invite you to submit evidence to show you and your spouse are still in a relationship. Should you meet these requirements, the Department will grant a subclass 801 visa.
THE OFFSHORE PARTNER VISA - SUBCLASS 309/100
Similar to the subclass 820, this visa allows you to make a partner visa application for your partner who is currently offshore. For this visa to be granted, you must be able to prove that you are the de facto partner, married spouse or intended spouse of an Australian permanent resident or citizen.
The visa is a two stage visa, just like the 820/801 visa, meaning you must apply for a two year temporary partner visa, followed by an application for a permanent visa.
THE PROSPECTIVE MARRIAGE VISA - SUBCLASS 300
This visa allows the applicant to travel to Australia and remain in Australia for a period of 9 months from the date of grant. While the visa is in effect, it is a condition that the applicant must marry and lodge the 820/801 visa while onshore. If the applicant and sponsor marry offshore then they will need to apply for the Partner offshore application (sc309/100).
If however pursuant to Regulation 2.08E, if the applicant has made a prospective spouse application and has married before the application has been decided they will not be required to make a new partner visa application. It will be taken as having applied for the Partner offshore (Migrant) provisional visa.
The applicant will however be required to withdraw the application in writing otherwise it may be refused. If it is refused the processing of the sc309/100 visa will still continue. A subclass 300 visa cannot be extended or renewed. The marriage must have taken place within the nine months of the grant otherwise the applicant will be in breach of their visa conditions.
