Partner Visa Australia

Requirements

• You are not within Australia when you apply for this Australian Visa.
• You must not be in Australia when your Partner visa granted.
• Abide by all legal criteria stipulated under Australian law.
• Still meet legal criteria two years after the temporary visa is handed to you
• Pay for the visa costs and application process.
• Health examinations are par for the course and you may have to foot the bill for the medical check-up.
• Police checks may also be necessary and you may have to pay for this to be processed in your own country.

Partner Visa Australia Requirements

• You may be within Australia when you apply for this Australian Visa
• You may be outside Australia when your Partner visa granted
• Abide by all legal criteria stipulated under Australian law.
• Still meet legal criteria two years after the temporary visa is handed to you
• Pay for the visa costs and application process.
• Health examinations are par for the course and you may have to foot the bill for the medical check-up.
• Police checks may also be necessary and you may have to pay for this to be processed in your own country.

What is Partner Visa?

Partner Visas are often also referred as de facto visas in Australia are usually provided to the partners and spouses of permanent Australian Citizens, residents or those who are eligible New Zealand Citizens living in Australia. A partner visa can be obtained both for hetero sexual 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 they had to stay in the country for a certain period of time. Couples are assessed again for meeting the criteria of permanent partner visa, 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.

Different Types of Partner Visas

Australian Immigration policy provides various types of partner visas and spouse visa that an applicant can apply for basis their requirement and the criteria they must be fulfilling to obtain one. So, in case anyone is willing to sponsor a partner to Australia, below are the 3 types of partner visa options they can explore:

CURRENTLY, 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)

STAGES

• Stage 1 : Temporary Partner visa
• Stage 2: Permanent Partner Visa

Both temporary and permanent partner visa allows work, study and you may eligible for Medicare.

Prospective Marriage Visa ( Subclass 300)

This visa lets you come to Australia to marry your prospective spouse and then apply for a Partner visa .For those who are engaged to an Australian citizen or a permanent Australian resident or a person who is eligible to be a citizen of New Zealand the subclass 300 prospective marriage visa is the best choice. This visa is also called a fiancé visa and to obtain this the other partner must be living outside of Australia at the time of application. Partner Visa Offshore (Subclasses 309 and 100)

• Partner visa 309
• Partner visa 100

Partner Visa 309 and 100 . You can apply Overseas. Allows the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia. You apply for the temporary and the permanent partner visas together partner Visa Onshore (Subclass 820/801)

• Partner visa 820 ( Temporary partner Visa)
• Partner visa 801 ( Permanent Partner Visa)

The most popular de facto partner visa options are subclass 820 and subclass 801, both of these are an onshore partner visa programs. As for the offshore partner visa, one can obtain subclass 309 and subclass 100. For those who are in a long term de facto relationship with the permanent resident of Australia or New Zealand citizen then these two are the most feasible options to look for.

Provisional Partner Visa

There are two types of provisional partner visas that include, subclass 820 visa, which is meant for people living in Australia and subclass 309, which meant for those who are living outside Australia.

Both the provisional visas are granted for a specified period or until they are superseded by the permanent partner visa. These visas can only be applied if the applicant is in de facto relationship with their partner living in Australia.

Permanent Partner Visas

After 2 years of the provisional partner visa application, the immigration department again assess the application of the applicant to see whether they meet the criteria to get a permanent partner visa or not. In order to become eligible for the assessment of visa application for permanent partner visa after living for two years with provisional visa, the person must confirm that he/she is still in de facto relationship with their partner.

Those who have acquired subclass 820 provisional partner visa are usually granted subclass 801 permanent partner visa, whereas subclass 309 provisional partner visa holders are granted subclass 100 permanent partner visa, provided that authorities are satisfied with their claim of living with their partner in de facto relationship.

After receiving permanent partner visa the Australian residency of the applicant becomes unconditional and they are allowed to live in Australia indefinitely whether they stay in de facto relationship with their partner or not.

Subclass 461 Visa (New Zealand Citizen Family Relationship Visa)

This visa is for a person who is not a New Zealand citizen but is a member of a family unit of a New Zealand citizen. It lets you live and work in Australia for five years. For people whose partner is a New Zealand citizen, a subclass 461 New Zealand Citizen Family Relationship Visa is an ideal choice. Though its a tenure based Visa with 5 years validity, it can be renewed easily.

Partner Visa Processing Time

Though there is no fixed time mentioned anywhere about how long will it take to get your partner visa application will get processed, but on an average it takes anywhere between 16 months to 24 months to get the application processed. In most of the cases the department responds to the application only after the published dates that you find on their websites get elapsed. However, the processing time for any partner visa application depends on a number of factors that include:

Complete list of supported documents is attached with the application or not

• How promptly the applicant is responding to the queries for additional information
• How long the information and background check formalities will take with regard to the information that you have provided
• The time that will take to gather information from additional sources which are outside the purview of immigration department like health, national security, background, character, etc.
• How many places are available with the authorities for partner migration programme
• The final decision will be made on the basis of the authenticity of all the information and documents that the applicant has shared with the application

It is recommended to apply for the partner visa in advance to your intended travel or migration time so that you get ample visa processing time. Also, do not make travel arrangements, like ticket booking, lodging, etc. until you get positive results for your application.

Conditions of Partner Visas

Anyone who is married to an Australian permanent resident, citizen or the person who is eligible to be a citizen of New Zealand or is planning to marry any one of them is eligible to apply for partner visa in Australia. But, there are some general conditions that both the parties, applicant and sponsor should meet in order to be eligible to apply for a de facto visa. These are:

• The applicant of the partner visa must have a sponsorship from their de facto partner already residing in Australia.
• Both the applicant and the sponsor must be above the age of 18 years to apply for a partner visa
• The sponsorship must be of minimum 2 years and not less than that
• The sponsor of the applicant visa must be a legal citizen of Australia, permanent residents of Australia or must be eligible to be a citizen of New Zealand
• The applicant and the sponsor must be in a relationship for at least 12 months which they need to prove at the time of application
• There must be a satisfactory proof of relationship or marriage and there is a mutual commitment in the relationship.
• The couple must be able to pass the interview along with submitting authentic documentation of their relationship to the authorities

Duration Of The Partner Visa

Though there is no strict duration for the partner visa and all the partner visa variants come with different terms, it will be difficult to confine this to any number. However, those who are applying for provisional partner visa for Australia get to review their application after living for two years with their partner in Australia. After the tenure of 24months of provisional partner visa the immigration authorities re-review the application and check whether the person in question is meeting the criteria to get permanent partner visa in Australia or not. However, in order to obtain that, the couple has to be in geniune relationship. If by any chance they have broken up or got divorced, the provisional visa of the non-resident may not get approved to be permanent and they may even be deported back to their country.

But, once the person acquires permanent partner visa they are under no obligation to stay in relationship with their sponsor. Their residency status in Australia remains intact even if they are no longer together.

Requirements to Obtain A Partner Visa In Australia

The partner visa subclass 820 and 801 in Australia allows the applicant/spouse/partner of an Australian permanent resident, Australian citizen and an authorized New Zealand citizen to stay in Australia for an indefinite period of time.

On the other hand, provisional partner visa subclass 820 is provided to those who are new to the country. It let the partner stay in the country till the time their permanent visa application is being processed. However, the eligibility criteria and documentation requirements for both the partner visas remain the same.

Eligibility Criteria For Partner Visa

• ❖ The applicant must be a spouse or partner of an Australian citizen, permanent resident or eligible New Zealand citizen
• ❖ They should be meeting the criteria and eligibility requirements of a de facto relationship visa
• ❖ When applying for permanent visa, the applicant must be living in Australia, when applying for provisional or any other partner visa the applicant must be living outside of Australia

Documents about your relation with your partner

Below is the list of documents may be required to apply for a partner visa in Australia, these documents are specific to applying for partner visa, rest health certificates, background check, education, work experience, social security are over and above these documents that an applicant must attach with their application.

• Joint bank accounts
• Jointly owned assets such as real estate
• Joint liabilities, like mortgages
• Joint undertakings such as a joint lease
• Naming each other as beneficiaries in wills or insurance policies
• Bank statements
• Bills, invoices, receipts etc.
• Letters, invitations
• Flight tickets or receipts evidencing your joint holidays or travels
• Photos
• Emails/letters to each other
• Social media interaction with each other
• Records of telephone conversations

While some of these documents/evidences are absolutely necessary some can be termed as good to have to avoid any further hassle in the application.

Onshore Partner Visa in Australia

Partner visa onshore ( 820 and 801)

A person will be eligible to apply for an onshore partner visa in Australia only if they are in a de facto, registered or marriage bound relationship with an Australian citizen, a permanent Australian resident or an eligible New Zealand citizen.

Once an applicant manages to obtain an onshore temporary partner visa, they become eligible to perform following duties as an Australian citizen:

• Stay in Australia independently until they get their permanent partner visa
• Study in Australia
• Enroll themselves in Australia’s Medicare scheme
• Travel in and out of Australia frequently

Once the applicant manages to get the onshore permanent visa, they become eligible to

• Stay in Australia independently
• Study and also work in Australia
• Eligible to receive social security payment
• Can apply for Australian citizenship if you are deemed eligible
• Can even sponsor relatives for permanent residency in Australia

For five years the applicant is allowed to travel to and fro from Australia, post that applicant needs either a resident return visa or apply for another visa to another visa programme to return to Australia

Offshore Partner Visa In Australia

Partner visa offshore (309 & 100)
Fiancé (Prospective Spouse subclass 300)

Offshore partner visa or subclass 309 visa, means an applicant can apply for partner visa in Australia even if they are residing outside Australia only if the applicant is married or in de facto relationship with a permanent resident of Australia, a citizen of Australia or an eligible citizen of New Zealand.

Partner Visa Offshore

Partner Visa 309 ( Provisional)

Partner visa 100 ( Permanent)

The offshore temporary visa allows the applicant to:

• Enter and live in Australia until the decision on their permanent partner visa is made
• Work in Australia
• Study Australia
• Enroll themselves in Australia’s health care program
• Travel to and fro from Australia freely

Once the applicant gets permanent offshore partner visa, they become eligible to:

• Live in Australia
• Study and work in Australia
• If eligible, they can also apply for Australian citizenship
• Sponsor relatives for permanent resident visa in Australia

For five years the applicant is allowed to travel to and from Australia, post that applicant needs either a resident return visa or apply for another visa to another visa programme to return to Australia