We provide assistance with all visa subclasses for partners and spouses including Prospective Marriage Visas, Spouse Visas, and De Facto Partner Visas.
Our team strives to offer you complete peace of mind during the visa application process, so that you can be confident in the quality of the application, and begin planning your life together in Australia. Our role is to keep families together, so our services include suggesting strategies to reunite any couples living apart, and working efficiently to secure the visa as quickly as possible.
WHO CAN APPLY FOR THE PARTNER VISA?
If you are in a relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen, you may be eligible for a grant of a partner visa on the basis of their sponsorship.
You may be eligible for a partner visa if you and your partner:
- Are married
- Are engaged to be married
- Are in a de facto relationship
- Have registered your relationship with a relevant State/Territory authority
HOW DO I QUALIFY FOR A PARTNER VISA?
There are three pathways through which partners of Australian Citizens or Permanent Residents can obtain a visa for Australia.
The most suitable visa option will depend on your individual circumstances, including whether the person applying for the visa is inside or outside Australia at the time of application.
Your adviser can help you select the option best suited to your requirements, and formulate a strategy which allows you and your partner to feel secure in the knowledge that the migration process will be as stress-free as possible.
The Subclass 820/801 Onshore Partner Visa
This visa is available to those who are married to, or in a de facto relationship with, an Australian Permanent Resident or Citizen, or eligible NZ Citizen. An applicant for this visa must be in Australia.
The initial stage, the subclass 820, requires that you have been in a de facto relationship with your partner for 12 months, be married, or have registered your relationship with a relevant State/Territory authority.
Two years from the date of application for the subclass 820 visa, the applicant is invited to submit evidence that the relationship is continuing, to allow DIBP to process the permanent stage, the Subclass 801 visa.
An applicant is entitled to Medicare access, work rights, and study rights, upon grant of the temporary 820 visa.
The Subclass 309/100 Offshore Partner Visa
This visa is available to those who are married to, or in a de facto relationship with, an Australian Permanent Resident or Citizen, or an eligible New Zealand Citizen. This pathway is for applicants who are outside of Australia.
An applicant must be outside of Australia when the temporary Subclass 309 visa is granted, after which they can enter Australia, and access Medicare, work rights and study rights.
In much the same way as the onshore process outlined above, the applicant will initially be granted a Subclass 309 visa, and will be given the opportunity to obtain the permanent visa, the Subclass 100, two years from the date the initial application was submitted.
Subclass 300 (Temporary Residence) – Prospective Marriage Visa
This visa is available to those who are engaged to be married to an Australian Permanent Resident or Citizen, or an eligible New Zealand Citizen. This pathway is for applicants who are outside of Australia. Once granted, the subclass 309 visa allows the holder to enter Australia and marry their Australian partner within a nine-month period.
Prior to the end of this nine-month period, applicants can apply for an onshore Subclass 820/801 visa as outlined above.
This visa allows holders to access work and study rights.
HOW DO I APPLY FOR A PARTNER VISA?
Partner visas require an application to be made by both the applicant and the sponsor. All of the above visa options will require evidence that your relationship is genuine and continuing. To satisfy the Department of Immigration that this is the case, you should be able to provide evidence that addresses the following:
- Cohabitation
- Financial interdependence
- Social interdependence
- The nature of your ongoing commitment to one another
As all couples are different, we will assist you in compiling the most relevant evidence of your individual relationship.
Common Scenarios
My Australian partner and I have a child together who was born in Australia. Can I skip the temporary visa and be granted the subclass 801 permanent visa outright?
Yes. You are eligible for grant of the permanent stage directly, on the basis that you have an Australian Citizen child with your partner.
My Australian partner previously sponsored someone for a subclass 309/100 visa. Can I still apply for a subclass 820/801 visa?
Yes. An Australian citizen or permanent resident can sponsor up to two partners, provided there is a gap of at least five years between the date the first visa was applied for, and the date the second application is lodged.
OUR SERVICE
We will assist you in choosing the best visa option for you, and develop a lodgement strategy which takes into consideration your individual situation. We will guide you through the entire visa process, from collating the initial documents required, through to acting as your appointed representative in all dealings with DIBP until your visa application is finalised.