Partner visas are for people who are de facto partners or spouses of Australian permanent residents and/or citizens. This visa allows you to live and work in Australia with your loved one.
Following amendments passed in early December 2018, there are significant changes coming to the Partner visa regime. These changes will require the sponsor to be approved prior to the visa application being lodged.
WHAT TYPE OF VISA – PARTNER VISAS
- Onshore: Partner Temporary Visa (Subclass 820) and Permanent visa (subclass 801)
- Offshore: Partner Temporary Visa (Subclass 309) and Permanent Visa (Subclass 100)
THE APPLICATION PROCESS FOR A PARTNER VISA
Usually the applications for temporary and permanent visas are lodged at the same time. The initial partner visa grant will be a Temporary visa with a validity of two years. After the two-year period, the Department will grant you the permanent partner visa if all requirements are satisfied. The main requirement is that there is a genuine, ongoing relationship. This is known as the second stage visa process. In some circumstances, there can be a waiver for this two year waiting period.
Furthermore there are some circumstances where you may be eligible for permanent residence even if the relationship has broken down before the end of the two-year period.
Please contact us for further information on obtaining waivers and exemptions.
If you are outside of Australia please see Prospective Marriage Visas for more.
Key points on the Partner Visa:
- You may be eligible for a partner visa if you are in a relationship with an Australian citizen, Permanent Resident, or eligible New Zealand citizen.
- The type of visa you are eligible to apply for is dependent on where you are located at time of application and lodgement.
- If you are inside of Australia at the time of application then you should apply for Subclass 820 and 801.
- If you are outside of Australia at the time of application then you should apply for Subclass 309 and 100.
- If you are outside of Australia at the time you apply you may also be eligible for Prospective Marriage Visa (Subclass 300).
HOW WE CAN HELP WITH YOUR PARTNER VISA APPLICATION
One of the main issues that can arise with a Partner Visa application is difficulty of showing that you are in a genuine, ongoing relationship. Additionally, as it is a permanent visa there are health and character requirements which can complicate your application process. Summit Migration has written an in-depth guide to obtaining a Partner Visa available here.
Our Immigration Lawyers can advise you on which Partner Visa is the right type of visa for you, and with demonstrating to the Department of Home Affairs that you are in a genuine, ongoing relationship. Please contact us today for further information and advice.
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This page provides a summary of the Partner Visa regime as at May 2019. Australian immigration law is complex and it changes on a regular basis. We strongly recommend that you contact us to confirm the requirements for a Partner Visa and consult with one of our solicitors and Registered Migration Agents.
If you have received a visa refusal, then the solicitors at Summit Migration may be able to assist. Find out more about appeals for visa refusals here. Alternatively, you may be eligible for Ministerial Intervention.