Amidst these unprecedented times, it has never been more important to ensure a family can be kept together. If you are in a married, de facto, or engaged relationship with an Australian Citizen, Permanent Resident or Eligible New Zealand Citizen and your intention is to reside in Australia, then you may be eligible for a Partner visa.
Should you already be in a married or de facto relationship with an Australian and are currently outside the country, then you may still be permitted to enter Australia:
- If you currently hold a visa (e.g. a tourist, ETA, E-Visitor, Working Holiday, Working visa etc), then you may apply for an exemption in order to travel to the country; OR
- If you do not hold a visa, then you may apply for a Tourist (Subclass 600) visa. If this is approved, then you may apply for a travel exemption.
Alternatively, if you and your Australian family are currently residing outside of Australia, but would like to ensure permanent residence in Australia in future, this process can be started now, even whilst you’re offshore. You can find further information on the different types of applications available below.
There are three Partner visa options available, these being:
- Prospective Marriage (Subclass 300) visa;
- Partner (Subclass 820/801) visa; and
- Partner (Subclass 309/100) visa.
All applicants are required to be sponsored by their Australian partner and demonstrate various elements of their relationship. The applications are in-depth, document-heavy and require the ability to meet numerous components of legislation.
Prospective Marriage (Subclass 300) visa
This temporary visa is available to applicants outside the country who are engaged to marry an Australian Citizen, Permanent Resident or Eligible New Zealand Citizen, and are wanting to have their wedding in Australia. This visa is a means to arriving in Australia, becoming married and applying for permanent residency via the onshore Partner stream (discussed below).
The critical components to this application is to demonstrate the intention to become married and a genuine, ongoing relationship.
This visa is granted for 9 months upon entry to Australia. Within this time, a couple is required to become married and submit their application for an onshore Partner (Subclass 820/801) visa.
Partner (Subclass 820/801) visa
If you are in Australia holding a Subclass 300, or on another temporary visa (for example, a Tourist visa, Working Holiday, Temporary Work etc), then you may be eligible to apply for a Subclass 820/801 visa.
In order to apply, you must be in a de facto or married relationship with an Australian Citizen, Permanent Resident or Eligible New Zealand Citizen. You’re required to demonstrate numerous factors including the nature of your commitment to one another, the financial aspects of your relationship, the social aspects of your relationship and the nature of your household together.
This application is processed in two stages (noting the two subclasses). The Temporary Partner (Subclass 820) is granted first, with the Permanent Partner (Subclass 801) becoming available two years after the date you initially submit your application, seeing a transition to permanent residency.
Partner (Subclass 309/100) visa
This visa is available to couples who are currently outside of Australia. If you are in a married or de facto relationship or are engaged and intend to be married shortly outside of Australia, then this may be the most suitable visa for you.
This application is largely the same as the Subclass 820/801, including the two-stage application process. The crucial difference is that it takes place outside of Australia, rather than in the country.
We hope the above breakdown has been informative, as we understand an Australian Partner visa can be an overwhelming process. We expertly break down the key requirements and provide significant guidance for all our clients undertaking this process.
We recognise that we’re currently living in stressful and unmitigated times. Unite Migration ensures ease in the application process and can remove this singular worry for you. If you would like further information regarding requirements, please reach out to us [email protected]