About This Visa

You may be eligible for a Partner visa if you are married to, or in a de facto relationship with, an Australian citizen, Australian permanent resident or an eligible New Zealand citizen. There are onshore or offshore options and expands to prospective marriage, same sex and companion. The temporary Partner visa (subclass 820 or 309) is granted first and lets you stay in Australia, after 24 months you may be eligible for a permanent Partner visa (subclass 801 or 100).

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What Are the Benefits of a Partner Visa?

The Temporary Partner visa allows you limited benefits, including:

• Live and work in Australia until a decision is made about your permanent Partner Visa 

• Study in Australia (without access to government funding)

• Enrol in Medicare, Australia’s scheme for health-related care and expenses

• Include dependent children on your application (dependent applicants must be in Australia when they apply)

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The Permanent Partner Visa (Subclass 801 or 100) includes all the benefits of Australian permanent residency: 

• Work and live in Australia indefinitely

• Opportunity to study in Australia

• Enrol in Medicare, Australia’s state-run healthcare program

• Opportunity to apply for Australian citizenship

• Sponsor relatives for permanent residence

• Travel in and out of Australia as you please

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To demonstrate your relationship

To apply for a partner visa on de facto grounds you, you would generally need to show you have lived with your partner for 12 months. 

However, you would be exempt from the 12 month requirement if you register your relationship in an Australian state or territory. You would need to show that you are living together but not necessarily for 12 months.

 

Registration provides legal recognition as a couple under the state law and as well as being beneficial for immigration purposes. Usual requirements include:

• Both partners must be 18 years old or over

• Must not be in a relationship as a couple with another person – in particular they must not be married, in a de facto relationship or in a registered relationship

• Must not be related by family.

• Same sex and different sex couples can register their relationship.

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The Application Process

Stage 1: Partner Visa Sponsorship Application 

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All applicants for a partner category visa must have a sponsor. The sponsor must be prepared to sponsor the visa applicant and any members of the family unit who are also included in the application and who are also migrating with the applicant. The sponsor is usually the person with whom the visa applicant has the fiancé, marital or de factor partner relationship.

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Stage 2: Partner Visa Application

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All visa applicants must:

• in Australia (for 820 / 801) or outside Australia (for 309 / 100)

• meet health and character requirements

• meet Public Interest Criteria, such as, no debt to Commonwealth, hold a valid passport, etc 

• be sponsored by either a fiance, spouse or defacto partner who is an Australian citizen, Australian permanent resident or an eligible New Zealand citizen

• if the relationship broke down after being granted the subclass 300 or subclass 820, you may still get the permanent visa if you can show either family violence has occurred or you have access to a child related to the Sponsor

• the applicant and the Sponsor must have a mutual commitment to a shared life as a couple to the exclusion of all others, where the relationship between them is genuine and continuing. 

• they live together or they do not live separately and apart on a permanent basis.

• if an under 18 years old child is accompanying the application, written consent must be provided by the non-migrating parent or a court order.

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How to apply the permanent visa (801 or 100)?

Getting the permanent visa Subclass 801 or 100 is a dual-stage process. For the eligibility of the permanent visa, you need the temporary visa Subclass 820. You'll have to file for both temporary and permanent visa together. For both the applications, a single fee is paid. Once an applicant gets the temporary visa, he / she becomes eligible for the permanent visa.

 

However, eligibility for permanent visa happens only two years after the grant of the temporary visa. You’ll have to provide additional documents for the authorities to examine your eligibility for the visa. But, if you and your partner were in a long-term relationship before the application of the temporary visa was filed, you’ll get the permanent visa immediately after the expiry of the temporary subclass 820 visa.

 

Our consultant have years of experience dealing with complex partner visa applications, difficult cases including but not limited to:

(1) there are issues relating to the custody of children from previous relationships.
(2) the visa applicant has health or character issues.

(3) one partner is claiming to be in a de facto relationship while still married to someone else.
(4) a couple has to live apart due to work or family circumstances.
(5) the visa applicant has suffered domestic violence.

(6) same-sex couples who are living apart and have no love or sexual relationship.(3) one partner is claiming to be in a de facto relationship while still married to someone else.

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Book to speak to our highly experienced consultant today