Partner Visa

Partner Visas – Bring Love to Australia

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.

There are three partner visa pathways:

  1. Fiancee 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.

You and your fiancé must:

  • Be at least 18 years old, and not be closely related
  • Have physically met, and be personally known to each other
  • Genuinely intend to live together as a married couple
  • Be free to marry one another
  • Genuinely intend to get married within 9 months of the visa grant date (the marriage may take place either in Australia or overseas)

Your sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen also meet the character requirement (being a person of good character) to be able to be approved for the fiancée visa.

Additional limitations apply if your partner (sponsor) has previously sponsored other partners. That means, if your partner has 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).

What are the minimum requirements?

  • Evidence that you and your prospective spouse have met face-to-face as adults since turning 18 and know each other personally
  • Letter from a Marriage Celebrant that confirms  that you will marry your prospective spouse within 9 months of being granted the visa
  • Evidence that you and your prospective spouse genuinely intend to live as spousesWritten statements showing the history of your relationship.
  1. 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 visa’s to make an onshore application.

That being said, additional requirements would need to be met for Schedule 3 requirements, which outlines additional criteria that must be fulfilled by onshore applicants who make a Partner visa application holding a bridging visa longer than 28 days.

Minimum Visa eligibility requirements:

  • You must be in a genuine relationship with your spouse or de facto partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen
  • You must be in Australia when you apply for this visa and when we decide your temporary visa application. You may also include dependent members of your “family unit” as part of your application. The members of family unit includes your partner, children under 18 years of age (including step children) and children over 18 (up to 23 years of age).
  • Additional criteria and provisions must be met by child applicants over 18 years of age and step children.  Court orders must be obtained where a child is under 18 years of age and the other parent is non migrating.

Married Applicants

  • 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.
  • 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.

Who is an eligible 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.

Waiver of 12 months requirements

The 12-month requirement may be waived if you can demonstrate compelling and compassionate circumstances, (you and partner have children) or you have registered your defacto relationship in an Australian State or Territory.

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.

Subclass 801- Permanent Visa

The Department of Home Affairs will write to you to notify you when you are eligible to apply for Stage 2- Subclass 801 visa.

What are the requirements?

You must meet the following requirements for subclass 801 visa

  • You must be in a married or de-facto relationship with an Australian citizen or permanent resident, or an eligible New Zealand citizen
  • The sponsor must be 18 years of age or older
  • You must be sponsored by your Australian partner
  • You must be aged 18 years or older. There are exceptions to the age requirement if you are married.
  • The sponsor must meet ‘character’ requirements to be eligible to sponsor
  • You must meet health and character requirements
  1. Partner Visa (Subclass 309/100)

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.

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.

Call 1300 015 592 for consultation today