Partner Visa
Overview of Partner Visas
Navigating the Australian Partner Visa Process
For those looking to migrate to Australia as the partner of an Australian citizen, permanent resident, or eligible New Zealand citizen, there are specific visa options available, depending on your circumstances:
Fiancé(e) – Subclass 300 Prospective Marriage Visa: Ideal for those planning to marry their Australian partner, this visa is designed for individuals outside Australia.
Partner – Subclass 820/801: Tailored for onshore married spouses and de facto partners, including same-sex couples.
- Partner – Subclass 309/100: Tailored for both offshore married spouses and de facto partners, including same-sex couples.
It’s important to note that you must be outside Australia when applying for and being granted 309 Partner (Provisional) or 300 Prospective Marriage visa. However, for an 820 Partner (Migrant) visa, you can be either in or outside Australia when the visa is granted.
Application Process
When applying for a partner visa, you will generally apply for both a temporary and permanent visa in one combined application. Here’s what to expect:
- Temporary Visa (Subclass 820/309):Â Allows you to live, work, and access healthcare in Australia.
- Permanent Visa (Subclass 801/100):Â Typically granted two years from your initial application, though the wait may be waived if you can prove a long-term relationship.
Processing Times
Current Processing Time:Â
- Subclass 820:Â 50% of applications processed in 30 months and 90% of applications processed within 51 months.
- Subclass 801:Â 50% of applications processed in 5 months and 90% of applications processed within 23 months.
- Subclass 309:Â 50% of applications processed in 19 months and 90% of applications processed within 47 months.
- Subclass 100:Â 50% of applications processed in 9 months and 90% of applications processed within 13 months.
- Subclass 300:Â 50% of applications processed in 25 months and 90% of applications processed within 40 months.
Important Considerations
- Travel Commitments:Â Avoid booking flights or making significant life changes until your visa is granted.
- Honesty in Application:Â Providing false information or documents can lead to visa refusal and a three-year ban from entering Australia.
Key Application Elements
- To qualify, you must demonstrate a genuine and committed relationship through evidence such as:
- Financial Commitment:Â Shared bank accounts, financial responsibilities.
- Household Responsibilities:Â Joint lease, shared household tasks.
- Social Aspects:Â Photos, travel evidence, social engagements.
- Commitment:Â Engagement, marriage, children, or plans for children.
Visitor 600 Visa Option to 820 Visa
While waiting for an offshore partner visa decision, you might consider applying for a Subclass 600 Visitor visa to visit your partner Australia. Approval is not guaranteed and should not be used as a guarantee for a Partner visa.
Documentation
Include statutory declarations from both you and your partner, plus any witnesses. Ensure all documents are accurate and truthful.
Work Rights?
There are Nil Conditions imposed on the onshore subclass 820 Visa grant and also Nil conditions imposed on a Bridging Visa A whilst waiting for a combined 820/801 Visa outcome. This means you have full work and study rights. The same applies to a prospective marriage subclass 300 Visa once granted.
Can you apply for 820 Visa from 600 Visa?
Yes, you can apply for the combined 820/801 Partner Visa after coming onshore on a 600 Tourist Visa. However, it is important to note that applications for a 600 Visa must meet its genuine criteria and if granted, does not contain Condition 8503 which prevents you from applying for an 820/801 Partner Visa.
Dealing with Adverse Factors
If you have any past visa issues, visa refusals, health concerns, or criminal convictions, disclose them honestly. Excluding such information can lead to complications.
Get Professional Help
For guidance on preparing your partner visa application, consider consulting with immigration experts. Our team offers tailored solutions and can assist with document preparation and submission.