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Partner Visa

 

If you are married to an Australian citizen, Australian permanent resident or, plan to marry one, or you are in a in a relationship with one, you can apply for and obtain an Australian immigration partner visa.
The applicant must be sponsored by their Australian independent or de-facto partner aged over 18 years, and the sponsorship must be for a minimum period of 2 years.

 

General requirements for Australian partner visas are:

    • The sponsor of the applicant must be an Australian permanent resident, Australian citizen, or eligible New Zealand citizen.
    • Both the applicant and the sponsor must be aged over 18 years.
    • The applicant must be married to or in a relationship with the sponsoring partner for at least 12 months.
    • A satisfactory proof that the relationship or the marriage is genuine, e.g. that you live together, that the relationship is strong and there is mutual commitment. This happens usually by attending an interview and providing documentation including photos, joint bank statements etc.

 

 There are 2 types of partner visa:
Temporary partner visa and Permanent partner visa.

 

Temporary Partner Visa
If you have applied for a partner visa while outside Australia, you must be outside Australia when you receive the temporary partner visa.
If you have applied for a visa while in Australia, you must be in Australia at the time you receive the temporary partner visa.

 

If you have been granted a temporary partner visa, you:

    • Are allowed to travel in and out of Australia until a decision about your permanent partner visa is made.
    • Can work and live in Australia with your partner.

 

Permanent Partner Visa
If you have applied for a permanent partner visa while outside Australia, you are allowed to be in Australia or outside Australia when you receive your permanent visa. If you have applied for permanent partner visa while in Australia, you must be in Australia when you receive your permanent visa. In most cases, permanent residence cannot be granted prior to two years from the time you have applied. However, you can get a permanent visa without having to wait for two yearsif at the time you apply you meet certain criteria.

 

The waiting period (of 2 years) for permanent residence can be revoked if at the time you have applied:

    • You have been together (in a relationship) with your partner for 5 years or more (as a de facto partner or married ); or
    • You and your partner have been in married or in a de facto relationship for 2 years and have children.

 

 Partner Temporary Visa and Permanent Visa (Subclass 820 and 801)
If you are onshore in Australia living with your partner in a de-facto relationship or marriage with eligible Australian Resident, Citizen or New Zealand citizen, you can apply for the Subclass 820/801 Partner Visa.

 

This visa will allow you to remain in Australia:

    • on temporary basis (usually for a waiting period of two years from the date you applied for the visa)
    • on permanent basis if, after the waiting period (if applicable), you are still in a relationship or married to your partner (the relationship exists) and you are still eligible for this visa.


Partner Temporary Visa and Permanent Visa (Subclass 309 and 100)
If you are offshore (outside Australia) and want to be with your partner in Australia, you can apply for the Subclass 309/100 Partner Visa.

 This visa allows you to enter and remain in Australia living with your partner:

    • on temporary basis (usually for a waiting period of two years from the date you applied for the visa)
    • on permanent basis if, after the 2 years waiting period you are still in relationship/marriage with your partner and eligible for this visa.

 

The visa fees depend on the type of visa you apply for.
All the general visa requirements, such as health & character clearance, Australian values statement, minimum age of 18 years etc. must be met in order to lodge a visa application.

 

Marriage Visa
To be able to apply for an Australian Partner Visa you must be either married or in a de facto relationship with your partner at the time when you apply.
Married couples can apply for a spouse visa only after they have received their marriage certificate, and they should be living together.

 Obtaining a Partner Visa is a two steps process. You apply for both temporary and permanent visa with one application. If you meet the requirements you are granted a temporary visa, which remains valid until a decision is made on the permanent visa. This is usually two years after your visa application is approved. If after this period you and your partner still meet the requirements you are granted a permanent visa.

 

You can be granted a permanent visa without the two-year waiting period if you can demonstrate that you:

    • have been in a relationship or married for five years or more.
    • have been in a relationship or married for two years or more and you have a dependent child together.
    • your partner was granted a protection or a permanent visa under the humanitarian program and you were in a relationship before the visa was granted.

Onshore applicants will need to apply for the Partner visa (Subclass 820 and 801), whileoffshore applicants will need to apply for the Partner visa (Subclass 309 and 100).

 To apply for a Partner visa on the basis of marriage you must be legally married to your partner. If the marriage happened in a country other than Australia it is generally considered legal under the Australian law, with few exceptions such as same-sex marriages and polygamous marriages. Same sex marriages are eligible for partner visa applications only on the basis of de facto relationship.

 

The eligibility criteria for Partner visa on the basis of marriage are:

    • Your partner(sponsor) must be an Australian citizen, permanent resident
    • You must be legally married.
    • You must show evidence that you and your partner are committed to a life as husband and wife
    • You must show evidence of a continuing relationship.
    • meet the heath and character requirements.

 

 During the processing of your application you may be asked to provide additional information which may include:

    • Your Financial Aspects (evidence that you and your partner share financial commitments and responsibilities, e.g. a joint bank account).
    • The nature of the household (evidence that you and your partner share responsibilities within the household).
    • The social context of the relationship (how your relationship is perceived by your friends and family).
    • The nature of your commitment (knowledge of each other’s personal circumstances and future intentions).

 

 Prospective Marriage Visa
Prospective marriage visa (subclass 300) is a temporary visa valid for 9 months from the date it is issued .This visa allows you to enter Australia and marry your prospective fiancé in the 9 month period till valid. After the marriage you will be eligible to apply for a partner visa in Australia.The main purpose of this visa is to marry your intended spouse and live together as husband and wife.

 

To be eligible for this visa you and your partner(sponsor) should fulfill certain requirements:

    • You must be outside Australia when you apply for the visa and when the visa is issued .
    • Your partner must be either an Australian citizen
    • Both you and your fiancé must be aged 18 years or older to be able to legally marry according to Australian law
    • You must be of opposite sexes,
    • You must meet the general health and character requirements.
    • You must genuinely intend to marry your fiancé and live as husband and wife.

 

 If you are granted this visa, you:

    • Must enter Australia at least once before marrying your fiancé.
    • Can leave and re-enter Australia for as many times as you want in the nine-month period while your visa is valid.
    • Can work and study in Australia.
    • Can apply for a Partner Visa once you and your fiancé are legally married.

 

 If you are granted a Prospective Marriage Visa, your marriage can take place either in or outside Australia, as long as you have entered Australia at least once before the marriage takes place. In addition, your marriage must occur within the nine-month validity period of your Prospective Marriage visa. If as holder of a prospective visa you do not marry your intended spouse, the visa expires after nine months and you would be required to return to your country of origin.

 

De-Facto Visa
To apply for an Australian Partner Visa through the De-Facto Relationship Visa Stream you must be in a relationship with an Australian citizen, or with a permanent Australian resident.

 

Your partner (including partners from same sex relationship) must be sponsoring your application, and there are certain requirements that need to be fulfill , like :

    • you have to be in a relationship for at least 12 months before you apply for the de-facto visa or have the relationship registered on the Relationship Registry depending in which State you reside;
    • you have to provide proof that your relationship is continuing.
    • you have to provide proof, including documented information, that you live together

 

 Some of the factors that the Department of Immigration and Citizenship takes into account in deciding whether partners meet the requirement are:

    • Financial aspects of the relationship,
    • Mutual knowledge of their personal life ;
    • Social aspects of the relationship, statutory declarations from friends;
    • The level of commitment &relationship duration, e.g. how long have been lived together and whether they see their relationship together in long term.




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