What will happen if your partner/spouse dies while your visa application is processing?

Partner Visas are often also referred as de facto visas in Australia, and are usually provided to the partners and spouses of permanent Australian Citizens, permanent residents, or those who are eligible New Zealand Citizens living in Australia. A partner visa can be obtained both for heterosexual and/or same-sex couples without much hassle.

There are two stages of obtaining a partner visa in Australia, wherein first, a person gets a provisional partner visa, which is categorized in Subclass 820 for onshore and Subclass 309 for offshore applicants. Once the applicant qualifies for the provisional partner visa (stage 1) and they remain in a genuine and continuing relationship with their sponsor, they would then qualify to apply for the permanent partner visa (stage 2), which is further classified into two categories; Subclass 801 Visa for those having subclass 820 visa and subclass 100 visa for the subclass 309 visa holders.

THERE ARE 3 TYPES OF PARTNER VISAS AVAILABLE IN AUSTRALIA

• Prospective Marriage Visa (Subclass 300)
• Partner Visa Offshore (Subclasses 309 and 100)
• Partner Visa Onshore (Subclass 820/801)

Prospective Marriage Visa - Partner Visa 300

• The Prospective Marriage Visa 300 is a temporary visa for an applicant who is engaged and wishes to marry a citizen of Australia, an eligible citizen of New Zealand, or a permanent resident of Australia. It is valid for nine months. So, to stay in Australia after that, you have to apply for the Subclass 820 and 801 Subclass visa during the period of stay. The applicant must be married to their fiancé during this time. When applying, the applicant must not be present in Australia. However, the marriage can take place either inside or outside of Australia.

Eligibility Criteria

­

For Visa Applicants

The applicant:

   Should be over 18 years of age.

1. Shouldn’t be present in Australia when the application is lodged or when the visa is granted.
2. Meet the requisite criteria of a relationship.
3. Must be sponsored by your fiancé.
4. Must satiate the stated requirements for good character and health.
5. Must have repaid or made arrangements to repay any outstanding debt, towards the Government of Australia.
6. Must provide evidence that he/she intends to marry an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen.
7. Must know their prospective spouse well.
8. Must have met their prospective spouse in person.
9. Must be of the opposite sex from their partner (same-sex applicants should opt for a partner visa).

For Sponsors

The sponsor:

1. Must be the fiancé of the applicant.
2. Must be of good character.
3. Shouldn’t have been a sponsor for a spouse application or a successful partner in the last five years.
4. Shouldn’t have sponsored more than one applicant in the past.
5. Shouldn’t have been a spouse or a sponsored partner in the past five years.
6. Shouldn’t sponsor someone who was your partner then, if you have a Women at Risk visa

In case your sponsor dies before you apply for a partner visa, you might be still able to get a partner visa if

• You are living in Australia and hold a Prospective Marriage visa and you married your partner before your partner dies
• You can prove that your relationship will continue if your partner didn’t die
• You have a connection with Australia in terms of culture, business, or personal

If you apply for the visa by yourself, the recommendations of Immigration of Home Affairs in this situation are:

• Inform the Immigration of Home affairs as soon as possible
• Fill out Form 1022 Notification of changes in circumstances and email it to the office processing your application
• Or fill out the online contact form

If you have a registered migration lawyer handle your visa application for you, it is suggested to tell them about your current situation as soon as possible so they can advise you in the next step.

NO BORDERS LAW GROUP: #1 TRUSTED MIGRATION LAWYERS

Email: service@noborders-group.com

Tel:  +61 7 3876 4000

Consultation:  https://www.noborders-group.com/form/free-consultation

We will help you by exploring visa options and securing the application. As part of our services, we will assess the eligibility of the application for a partner visa and help you to get out of the abusive relationship and provide you with detailed advice on your chances of success. If you would like to discuss your visa options and evaluate the pathway to permanent residency, please make an enquiry  or  book a consultation to get expert advice with one of our knowledgeable and experienced Migration Agents/Lawyers on 07 3876 4000 or email: service@noborders-group.com.