Australian Partner Visa – De facto and Spouse
The Australian Partner Visa is intended for married and de-facto partners of Australian citizens, Australian permanent residents and eligible New Zealand citizens. The Partner Visa allows the other partner or spouse to enter, live and work in Australia on a temporary basis before being granted permanent residency.
Types of Partner Visa in Australia
Before the partner visa is issued, the location of the applicant has to be considered. The two types of partner visas are –
- Onshore Partner Visa (subclass 820/801)
- Offshore Partner Visa (subclass 309/100)
Partner Visa Application Made In Australia – Subclass 820 And 801
The Subclass 820 temporary Partner visa allows you to live in Australia if you are legally married to or are the de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen.
The Partner Visa can also be granted to same sex couples.
Onshore Partner Visa (subclass 820/801)
It is a two-step process to obtain the Onshore Partner Visa. First is the temporary visa (Subclass 820) that is issued upon application. If the relationship continues for a period of two years, then the subclass 801 can be granted for permanent residency. The partner applying must be in Australia at the time the application is made. The applicant must also be able to prove their partner is an Australian citizen, permanent resident or eligible New Zealand citizen.
Partner Visa Application Made Outside Australia – Subclass 309 And 100
The Subclass 309 temporary Partner visa allows you to live in Australia if you are legally married to or are the de facto partner of an Australian citizen, permanent resident or eligiable New Zealand citizen.
The Partner Visa can also be granted to same sex couples.
Offshore Partner Visa (subclass 309/100)
The Offshore Partner Visa follows the same two-step process as the Onshore Partner visa. The (Subclass 309) is a temporary visa that is issued upon application for the Offshore partner visa. If the relationship continues for a period of two years, then the (Subclass 100) can be granted for permanent residency. This visa is available to those that are currently outside Australia and intend to move to Australia to live with their partner who must be an Australian citizen, permanent resident or eligible New Zealand citizen.
Applicant document Checklist for a Partner visa
If you are considering a Prospective Marriage Visa or a Partner visa, the following information may be what you should know in 2020 for Australian Partner Visa Checklist.
Partner Visa – Eligibility Requirement
All interested persons that intend to apply for the partner visa must meet the following requirements:
- Not had a visa cancelled or an application refused while you have previously been in Australia.
- Sponsored by your spouse, partner or parents of your spouse or partner who must be an Australian citizen, permanent resident or eligible New Zealand citizen. This person must satisfy the legal requirements of a sponsor.
- Prove identity and age of the sponsor and applicant either by passport, birth certificate or driver’s licence.
- Completion of all health requirements including chest x-ray, HIV test, and other relevant health tests
- Meet the character test requirements. The applicant must provide a police clearance covering a period of 12 months in a country they have stayed in for the past 10 years preceding the application. Any prison sentence for a period of 12 months or more would not pass the character test.
- Demonstrate evidence of a genuine relationship. The applicant must provide all the necessary documents to show they are in a committed relationship with their partner and these documents must show the financial and social aspects of their relationship, including the nature of the household and commitment to each other.
Top 5 Common Visa Mistakes When Applying For A Partner Visa
Getting your partner visa right is very important. The Australian Department of Home Affairs are rejecting more partner visa applications than ever before and many are refused due to simple mistakes, inconsistencies or incorrect evidence. With the non-refundable application fee being over $7,000, these can be very costly mistakes. Here are the 5 biggest mistakes to avoid when doing your application. Being able to live and be with your partner is one of the most fundamental human rights.
Mistakes to avoid when applying for Australian partner visa
- Hastily making the application –
- It is advised that the partners should take time to consider their feelings and decide if truly this would be the right decision. It is common for a couple to receive a partner visa and the relationship subsequently breaks down. This is partly the reason why the government divided the Partner visa into two elements, the initial temporary visa then the permanent visa after two years. This way, if the temporary visa is granted first, it will give the partners an opportunity to live together in Australia before applying for permanent residency.
- Late application –
- It is better to make an application for the partner visa as soon as possible. There is no need to wait for deadline to draw closer before making the application. There are a lot of documents that will be needed to be submitted and these documents will need to be looked at carefully by the Department before an assessment and final decision can be made. Therefore, it is best to make the application as soon as reasonably possible after all considerations have been made between you and your partner.
- Failure to lodge sponsorship component –
- Partner visa application fees are expensive and the Department does not offer refunds. Therefore, it is advised that you remember to input the details of the sponsorship. Failure to lodge the sponsorship component can lead to the applicant losing their working rights or be asked to leave the country.
- To think the partner visa cancels your previous visa conditions –
- This is one the most common mistakes made by applicants. The visa that you are on when applying for any partner visa is enforceable until it expires. Thereby, all the visa provisions need to be adhered to until the expiration date and the partner visa provisions set in.
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Doing it alone –
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While it is not a requirement, using a specialist migration lawyer is one of the best ways to avoid having your Australian partner visa rejected. Using the services of a professional who knows the process, could be the key to your new life together.
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The partner visa takes time, is quite expensive and requires a careful and critical application process.
Need help with your Visa?
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We will help you exploring visa options and securing application. As part of our services, we will assess the eligibility of the application for a partner visa and provide you with detailed advice on your chances of success. If you would like to find out your visa application process or discuss your visa options further and evaluate which pathway to take, please make an enquiry or book a consultation to get expert advice with one of our knowledgeable and experienced Migration Agents/Lawyers on 07 3876 4000 or email: [email protected].
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