A partner visa is a great option for people who are in a genuine and committed relationship with an Australian permanent resident or citizen. They can be applied for whilst the applicant is either in Australia or offshore by providing evidence of a de facto or married relationship.
De facto vs being married.
You will meet the criteria for a partner visa by showing evidence that you are either in a ‘de facto’ relationship or that you are married. In general, you must be at least 18 years or older when you apply.
A de facto relationship is usually evidenced by showing that you have lived together for 12 months, however this is not always necessary. For instance, if your relationship has been registered with an appropriate state or territory body you will be exempt. Check with us today to check if your relationship already meets the criteria!
If you apply on the basis of being in a married relationship you must be able to demonstrate that you are married to each other under a marriage that is valid for the purposes of the Migration Act.
For either relationship, the following elements must also exist:
you are both committed to a shared life excluding all others
your relationship is genuine and continuing
you live together or do not live separately and apart on a permanent basis
you are not related by family.
Relationship evidence.
There are four main aspects of the relationship that the Department will be considering:
The financial aspects of your relationship - ie how you and your partner manage and share your finances
The nature of your household - ie your living situation and details about your domestic arrangements
The social aspects of your relationship - ie evidence that others know about the relationship
The nature of your commitment to one another - ie evidence of how you are committed to a long-term relationship.
Every relationship is unique and it is likely that your relationship will have certain elements or aspects to it that are stronger than others. If you decide to engage our services, we will provide you with checklists and guidelines which list clear examples of the specific types of evidence you can rely on to evidence your relationship.
Another important aspect to each application is providing a detailed ‘relationship statement’ which is your opportunity to explain in your own words how the relationship started, how it developed and details about how it currently operates.
Onshore Partner Visa
SUBCLASS 820 / 801
This is for applicants who are in Australia and on a visa which does not preclude them from lodging a further application.
The processing time is longer than the offshore application, but as soon as the application is submitted the applicant will usually be granted a Bridging Visa which will allow them to remain in Australia until a decision is made.
This is a two-part application. First, the Subclass 820 will be granted. Then, 2 years from the date that the initial application was submitted, you can apply for the permanent visa (Subclass 801) by showing up to date relationship evidence. No additional application fee is payable for the second stage.
Offshore Partner Visa
subclass 309 / 100
This is for applicants who are wishing to apply from outside of Australia.
The processing time is often faster than an onshore application.
If you wish to visit your partner in Australia whilst the application is pending, you can apply for a Visitor Visa which the Department will give special consideration to.
This is a two-part application. First, the Subclass 309 will be granted. Then, 2 years from the date that the initial application was submitted, you can apply for the permanent visa (Subclass 100) by showing up to date relationship evidence.
Prospective Marriage Visa
subclass 300
This visa is suitable for applicants who are currently offshore and wish to travel to Australia to marry their prospective spouse who is an Australian permanent resident or citizen.
Once the visa is granted, you must arrive in Australia and be married within 9 months of the visa grant. Once you are married you are eligible to apply for an Onshore Partner Visa (Subclass 820/801).