Partner Visas allow Australian citizens, permanent residents and eligible New Zealand citizens to bring their spouse or de facto partner to live in Australia.
The partner Visas include:
- The Partner Provisional Visa (Subclass 309), the Partner Migrant Visa (Subclass 100), the Temporary Partner Visa (Subclass 820) & the Permanent Partner Visa (Subclass 801)
These Visas are applied for in only one application and are processed in two stages, first as a temporary Visa (subclasses 309 and 820 for applicants residing in and outside Australia respectively) and then as a permanent Visa (subclasses 100 and 801 for applicants residing in and outside Australia respectively), and are processed approximately two years apart. Therefore the Partner Provisional Visa or Temporary Partner Visa allows the Visa holder to stay in Australia until a decision about the Partner Migrant Visa or Permanent Partner Visa is made (subclasses 820 & 801 for applicants residing in and outside Australia respectively).
Once a Partner Migrant Visa or Permanent Partner Visa is granted, the Visa holder is then granted permanent residency. The Visa applicant’s partner must be an Australian citizen, permanent resident or eligible New Zealand citizen. If the applicant lives outside of Australia, they don’t need to be married (if not in a de facto relationship) with their partner at the time the Visa application is made, but can simply intend to marry before a decision on the Visa is made (for example, the parties can be engaged to be married).If the applicant lives in Australia at the time of the Visa application, the applicant must live with their partner (or if separated, any separation must be temporary). The relationship between both parties must be genuine and ongoing.
- The Prospective Marriage Visa (Subclass 300)
This Visa allows people living outside of Australia to come to Australia and stay in Australia temporarily for a period of up to nine months because they are going to marry their fiance or prospective spouse. The Visa applicant must be sponsored by their prospective spouse who is an Australian citizen, permanent resident or an eligible New Zealand citizen. The applicant must have met their prospective spouse in person and know them personally (even if it is an arranged marriage or the parties met when they were children, for example). The marriage does not need to take place in Australia to be granted the Visa and can be performed in any other country.
Contact us today for a consultation to assess you or your partner’s eligibility to apply for a Partner Visa.