Partner visa
The Partner visa allows the spouse or de facto of an Australian citizen, Australian permanent resident or Eligible New Zealand citizen to live in Australia. The partner visa application is a two-stage process. The spouse or de facto, generally, is initially granted a temporary visa. The applicant is eligible to apply for a permanent visa after two years of the initial Partner visa application if the relationship between the applicant and the sponsor is still genuine and ongoing.
There are two types of partner visas:
- Onshore Partner (subclass 820/801) visa
- Offshore Partner (subclass 309/100) visa
You must in Australia at the time of application and grant for the Partner (subclass 820/801) visa application. You must be outside Australia at the time of the first stage of the application and grant for the Partner (subclass 309/100) visa application. The second stage of the Partner (subclass 309/100) visa may be granted whilst you are in or outside Australia.
You should be able to provide the following
- the financial aspects of your relationship;
- the nature of your household;
- the social aspects of your relationship; and
- the nature of the commitment to each other.
You must prove that:
- there is a mutual commitment to a shared life together, to the exclusion of all others
- the relationship is genuine and continuing
- you live together, or do not live separately and apart on a permanent basis, and
- your marriage is valid for the purposes of the Migration Act 1958 or your de facto partner is not related by family.
If you would like us to assist you with your partner visa application, get in touch with Wickham Lawyers today!
Prospective Marriage (subclass 300) visa
You must be engaged to your partner who is an Australian citizen, Australian permanent resident or Eligible New Zealand citizen. This visa will allow you to enter and stay in Australia for nine months in order to get married. Following the marriage, you may be eligible to apply for a Partner visa provided you meet the criteria. You must be outside Australia whilst making a Prospective Marriage visa application.