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Partner Migration
Overview of Partner Migration
Navigating the Australian Partner Migration 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 migration options available, depending on your circumstances:
Fiancé(e) – Subclass 300: Ideal for those planning to marry their Australian partner, this 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 the subclass 309 Partner (Provisional) or 300 Prospective Marriage and in Australia for the subclass 820.
For the subclass 820, 309 and 300, you can be either in or outside Australia when the visa is granted.
Process
When applying for partner migration, you will generally apply for both a temporary and permanent residency in one combined process. Here’s what to expect:
- Temporary (Subclass 820/309): Allows you to live, work, and access healthcare in Australia.
- Permanent Residency (Subclass 801/100): Typically granted two years from the date of your initial temporary application, though the wait may be shortened for long-term relationships.
Processing Times
Current Processing Time:
- Subclass 820: 50% of applications processed in 30 months and 90% of applications processed within 51 months.
- Subclass 801: 50% of applications processed in 5 months and 90% of applications processed within 23 months.
- Subclass 309: 50% of applications processed in 19 months and 90% of applications processed within 47 months.
- Subclass 100: 50% of applications processed in 9 months and 90% of applications processed within 13 months.
- Subclass 300: 50% of applications processed in 25 months and 90% of applications processed within 40 months.
Key Application Elements
- To qualify, you must demonstrate a genuine and committed relationship through evidence such as:
- Financial Commitment: Shared bank accounts, financial responsibilities.
- Household Responsibilities: Joint lease, shared household tasks.
- Social Aspects: Photos, travel evidence, social engagements.
- Commitment: Engagement, marriage, children, or plans for children.
Visitor 600 Option
While waiting for an offshore 309 temporary partner decision, you might consider applying for a subclass 600 to visit your partner in Australia. However be aware that approval is not guaranteed.
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 and also Nil conditions imposed on a Bridging Visa A whilst waiting for a combined 820/801 application outcome. This means you have full work and study rights. The same applies to a prospective marriage subclass 300 once granted.
Can you apply for 820 from a 600?
Yes, you can apply for the combined 820/801 after coming onshore on a 600 Tourist. However, it is important to note that applications for a subclass 600 must meet its genuine criteria and if granted, does not contain Condition 8503 which prevents you from applying for an 820/801 in Australia unless a waiver of that condition is granted.
Dealing with Adverse Factors
If you have any past migration issues, refusals, health concerns, or criminal convictions, disclose them honestly. Excluding such information may lead to refusals or cancellations.
Need Help?
For guidance on preparing your partner application, consider consulting with us. We offer tailored assistance with document preparation and submission.