Your Guide to Partner Visas
In Australia, it is possible to gain a residency visa based on having a relationship with someone who has the right to live here. This is known as a Partner Visa. There are different types of Partner Visa depending on whether you are applying from within Australia or from overseas.
If you have found love and are looking to migrate to Australia or stay in Australia but don’t know which partner visa class is best suitable, then you are in the right place to find out.
The Three Types of Partner Visa
Fiancée visa-Subclass 300- Offshore (Outside Australia application only)
This is a visa for a person who is engaged and intends to marry an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
Partner Visa (Subclass 820 & 801)- Onshore Application (made within Australia)
This visa is for onshore applicants who hold a valid substantive visa who are either in a married or de facto relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
There are also avenues for those applicants who hold bridging visas to make an onshore application.
Partner Visa (Subclass 309/100) (made outside Australia)
The same minimum requirements apply as per Pathway 2 (Onshore) applicants except that applicant must be outside Australia at time of application and at time of decision.
What is the difference between 309 and 100 visa?
The subclass 309 is valid for limited time from date of grant. You may be eligible to apply for subclass 100 if two years have passed since you held a subclass 309 visa and you remain the relationship with the sponsor. The subclass 100 visa is a permanent visa. The subclass 100 allows you to work and live in Australia indefinitely, have access to medicate, social security benefits (if you can meet relevant criteria), apply for Australian citizenship (in case your eligible) and sponsor family from abroad.
If you’re ready to apply for a Partner Visa and would like help to do so, you can contact us now and start your journey to Australia immediately.
How to Apply for Partner Visa in Australia
To apply onshore or offshore is the same. However, the subclass of visa will vary for onshore applicants they are looking at the 820/801 visa. For those offshore they are looking at subclass 309/100
What Requirements are there to get a Partner Visa?
The process for getting a Partner Visa involves the two people, the Applicant and the Sponsor.
Your sponsoring partner must be an Australian citizen or permanent resident, or an eligible New Zealand citizen, who undertakes sponsorship obligations. The sponsor must be apply to be become and approved sponsor. Only once sponsorship is approved you may proceed to lodge a Partner visa application.
Visa applicant minimum requirements:
- You and your partner must both be at least 18 years old, and must not be closely related
- You and your spouse/partner must be in a mutually exclusive relationship
- The relationship must be genuine and continuing
- You and your spouse/partner must either live together, or live apart on a temporary basis only
- Must have been in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen for at least 12 months prior to lodging your application
- You must be legally married to an Australian citizen, permanent resident or eligible New Zealand citizen
Sponsor minimum requirements
- Be an Australian citizen, permanent resident or eligible New Zealand citizen
- Be an approved sponsor, not subject to any limitation and be able to provide financial support and accommodation.
- Not have previously sponsored more than one other fiancé, partner or spouse for migration to Australia, and not have sponsored a fiancé, spouse or partner for migration to Australia within the last 5 years (unless there are compelling circumstances)
- Not have been sponsored for a spouse, partner or prospective marriage visa by someone else within the last 5 years (unless there are compelling circumstances)
How Long Does It Take to Get a Partner Visa in Australia?
The average wait for a partner visa until the file is opened is approximately two years. However, the DOHA will be issuing up to 70,000 visa grants for partners by July 2021 so it may be possible to be granted a visa much sooner than that – so long as your application is completed fully and accurately. We recommend that, if you’re interested in applying, you do so as soon as possible to take advantage of the additional grants being issued.
Assessing Relationships in Partner Visas
There are 4 main aspects of the relationship that the Department of Home Affairs (DOHA) will consider when assessing any partner visa application:
- Financial aspects of the relationship
- Nature of the household
- Social aspects of the relationship
- Nature of the commitment
Every relationship is different and will handle these aspects of their relationship on their own terms, however it is helpful to know what the department looks at within these 4 aspects.
What Happens After 820 Visa Is Granted
After your visa is granted you must continue to collect evidence of the relationship and you must be committed to your relationship. You have only reached stage one, which ultimately means that you hold a temporary visa and not permanent.
Do I need to be married to get a Partner Visa?
You need to either be married or in a de-facto relationship
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. For example, Australian law does not recognise polygamous marriages.
The visa applicant must hold a valid visa at time of lodging the Partner Visa application.
De Facto Applicants
You and your partner must have been in a de-facto relationship for the entire 12 months immediately prior to making application and you must have been living together for at least 12 months immediately before application.
Same sex couples can apply under this subclass and use the same criteria.
The visa applicant must hold a valid visa at the time of lodging the partner visa application.
How to Fill Statutory Declaration Form for Partner Visa?
There are clear instructions provided for statutory declarations to be completed by witnesses who can confirm the relationship between applicant and sponsor.
How to Write A Statutory Declaration for Partner Visa?
A statement from sponsor and applicant must be written in first person with reference to the below.
What to Write in Statutory Declaration for Partner Visa?
A statement about how the applicants met and how their relationship develops is required for the Partner Visa application. It must a comprehensive statement to cover the relationship development, future plans, financial commitment, knowledge about each other, mutual commitment to joint life together and many other points to be covered in the statement.
How to Apply for a Partner Visa Online
To be ready to apply for the visa it is suggested that you have all the information on hand as it does require much information about you, sponsor, family members etc.
How Much Is A Partner Visa for Australia?
The current cost for the application is $7,745.00 AUD however, this is subject to increase from the DOHA without any notice. The fee at time of application criteria covers one for stage one and two. The temporary and the permanent visa application stage.
Nature of Commitment
The nature of commitment statement should be detailed and cover all aspects of your relationship from the history of relationship, social aspects of relationship, financial commitments of relationship and future as a couple. Evidence to back up all statements is advised.
How Long Does A Partner Visa Take to Process?
The average wait for a partner visa for the temporary subclass 820 stage one from time of lodgement until the file is opened is approximately two years. However, the DOHA will be issuing up to 70,000 visa grants for partners by July 2021. At the end of the day, we always provide the DOHA with decision ready applications meaning all documents are there at time of application to ensure that if the file is opened straight away there are no grounds for a refusal.
Where to Lodge Partner Visa Application
All migration applications are done online through the Australian DOHA website. However, it is advised that you do seek professional help as there is much information involved in ensuring that you have a successful outcome and a decision ready application in place.
Where to Send Partner Visa Application
Partner Visa Checklist
There are so many areas that can be simplified (not limited to) but broken down into the following: identification of sponsor and nominee, genuine relationship evidence, residential address evidence, financial commitments and more. It is important that all information that is presented is true and accurate from both parties as the DOHA will catch on if not very quickly and you may be subject to a refusal or a possible investigation.
How to Withdraw a Partner Visa Application?
Things happen in life and sometimes you change your mind. If you decide that you would like to withdraw your application, you can do so online.
Is there an Age Limit to get a Partner Visa?
There is no age limit to obtain a partner visa. However, for those under the age of consent, which in Australia is 18 years of age, they must obtain a Court Order and marry within the validity of the Court Order.
What happens if you break up with your partner?
If you break up with your partner it is both the sponsors and the visa nominees (holder) obligation to notify the Department of Home Affairs in writing of changes in circumstances.
What happens if you have a criminal record?
If you hold a criminal record it is important to make sure that you have declared this to the Department on all visa applications and at time of application. You will need to address the previous charges. We at Direct Migration Experts specialise in submissions in these instances.
What if you divorce your partner?
Once you hold stage two which is the permanent stage this is not an issue. However, depending on the cause of the breakdown of the relationship/marriage will determine if your visa would be cancelled or not. The provisional stage which is for a two-year period means that you will only hold a temporary visa and to be eligible for the permanent stage you must still be in the marriage. However, each case is unique and different circumstances are involved including children etc. therefore it is essential that you seek professional advice to understand your visa options going forward.
Is an English test required to get a Partner Visa?
At present there is no English requirement when applying for Partner Visa, however immigration policy does change frequently so be sure to check with us when making your application.
Can I apply for Job Keeper on a Partner Visa?
If you hold a permanent visa Job keeper is an option. However, for temporary visa holders this is not an option. At this stage it has been announced that Job Keeper Australia wide although extended will conclude at the end of March 2021.
I have only known my partner for less than 12 months. Can I still qualify for a Partner Visa?
Depending on which state you reside in, cultural and religious reasons, other logistical reasons there may be a way to still apply. However, we do suggest that you speak to one of our professionals at Direct Migration Experts. this will vary on a case-by-case basis depending on individual circumstances.
What does “Nature of Commitment” mean?
The nature of commitment really refers to the ability to demonstrate your intentions ot be in a long term committed relationship exclusive of all others. This once again must be demonstrated with evidence.
An incomplete application or application missing any procedural facts or documents, may lead to a refusal and you may loose your quality time, efforts and money spent on the application.
We provide proper guidance and assistance regarding the partner visa application from start to finish, along with a comprehensive document checklist to ensure you cover the legal requirements from A to Z.