Who can apply for the Australian Partner Visa?

If you are in a relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen, you may be eligible for a grant of a partner visa on the basis of their sponsorship.

You may be eligible for a partner visa if you and your partner:

·      Are married

·      Are engaged to be married

·      Are in a de facto relationship

·      Have registered your relationship with a relevant State/Territory authority

How do I qualify for an Australian Partner Visa?

There are three (3) pathways through which partners of Australian Citizens or Permanent Residents can obtain a visa for Australia.

The most suitable visa option will depend on your individual circumstances, including whether the person applying for the visa is inside or outside Australia at the time of application.

Nevett Ford Immigration Lawyers & Registered Migration Agents can help you select the best option for your circumstances.

(1)  The Subclass 820/801 ‘Onshore’ Partner Visa
This visa is available to those who are married to, or in a de facto relationship with, an Australian Permanent Resident or Citizen, or eligible NZ Citizen. An applicant for this visa must be in Australia.
The initial stage, the subclass 820, requires that you have been in a de facto relationship with your partner for 12 months, be married, or have registered your relationship with a relevant State/Territory authority.
Approximately two (2) years from the date of application for the subclass 820 visa, the applicant is invited to submit evidence that the relationship is continuing, to allow the Department of Immigration to process the permanent residence visa stage (the Subclass 801 visa).

An applicant is entitled to Medicare access, work rights, and study rights, upon grant of the temporary 820 visa.

(2)  The Subclass 309/100 ‘Offshore’ Partner Visa
This visa is available to those who are married to, or in a de facto relationship with, an Australian Permanent Resident or Citizen, or an eligible New Zealand Citizen. This pathway is for applicants who are outside of Australia.
An applicant must be outside of Australia when the temporary Subclass 309 visa is granted, after which they can enter Australia, and access Medicare, work rights and study rights.

In much the same way as the onshore process outlined above, the applicant will initially be granted a Subclass 309 visa, and will be given the opportunity to obtain the permanent visa, the Subclass 100, two years from the date the initial application was submitted.

(3)  Subclass 300 (Temporary Residence) - Prospective Marriage Visa
This visa is available to those who are engaged to be married to an Australian Permanent Resident or Citizen, or an eligible New Zealand Citizen. The applicant must be outside of Australia to apply. Once granted, the subclass 309 visa allows the holder to enter Australia and marry their Australian partner within a nine (9) month period.

Prior to the end of this nine-month period, applicants can apply for an onshore Subclass 820/801 visa as outlined above.

This visa also allows holders to access work and study rights.

How do I apply for an Australian Partner Visa?

Partner visas require an application to be made by both the ‘Visa Applicant’ and the Australian citizen or permanent resident ‘Sponsor’.

All visa options outline above require evidence that your relationship is ‘genuine and continuing’. To satisfy the Department of Immigration that this is the case, you need to be able to provide evidence that addresses the following:

·      Proof of living together (cohabitation);

·      Joint bank accounts, credit cards, loans, investment (financial interdependence);

·      Supporting statements from family and friends (social interdependence);

·      Proof of how you live your lives together, why you want to settle permanent in Australia, what you have in common and your future plans (The nature of your ongoing commitment to one another).

The Department recognises that all relationships are different.  Therefore, the nature and type information and documentation that is submitted in support of a partner visa application will differ from couple to couple.  Nevett Ford Lawyers can assist and advise you on the specific requirements and we can manage the entire process on your behalf.

Please contact us today for more information or to schedule an initial consultation:

Telephone: +61 3 9614 7111

Email: melbourne@nevettford.com.au