Partner / Spouse Visa Australia

Partner Subclass 820/801 Visa & 309/100 visa

What is Partner Visa?

Partner sponsored migration is based on their relationship with their Australian sponsor. Partner sponsored applicants are assessed on an individual basis depending on the nature of their relationship. Partner visa allows the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia. The Partner Visa subclass 820/801 is for onshore applicants and 309/100 is for offshore.

The partner visa is processed in 2 stages 820/309 – Temporary and 801/100 Permanent, approximately 2 years apart.

Who can get partner Visa?

Applicants should be able to provide the following

  • Evidence to prove the genuineness of the relationship
  • Evidence of length of the relationship and time spent living together
  • Financial evidence supporting their mutual commitment to each other
  • Evidence indicating the social features of the relationship, including pictures and letter of support from family and friends describing their relationship.

Eligibility requirements:

  • be the spouse or de facto partner or be engaged to an Australian citizen, a permanent resident or an eligible New Zealand citizen
  • be in a genuine and ongoing relationship
  • meet health and character requirement
  • meet additional criteria of the stream in which you are applying for

This visa allows the applicant to live, work and study in Australia.

 

What are the types of Partner visas?

Spouse Visa Subclass 820/801– Both partners must have turned 18 and the marriage must be legal under Australian law. Underage or polygamous marriages are not accepted in Australia.

To be eligible to apply for a Spouse visa, the applicant must be either married to:

  • an Australian citizen; or
  • an Australian permanent resident; or
  • an eligible New Zealand citizen.

Defacto Partner Visa Subclass 820/801 – the de facto relationship must have existed for at least 12 months before applying for the visa

  • Live together (You and your partner must be living together, or any separation must be only temporary not on a permanent basis)
  • Commitment to a shared life to exclusion of all others (a genuine and continuing relationship with your partner)
  • Must have lived together for a period of at least 12 months prior to lodging visa application.

Prospective Marriage Visa Subclass 300

This visa enables to enter Australia to marry your intended spouse and live together in Australia. You can apply for a Spouse visa in Australia after you marry your fiance(é)

A Prospective Marriage visa is a temporary visa valid for nine months. Once granted, within the 9 months the applicant must register their marriage.

Eligibility criteria for Prospective Marriage Visa

  • Applicant must be sponsored by their fiance(e) who must be at least 18 years of age
  • Must be sponsored by an Australian citizen or permanent resident, or an eligible New Zealand citizen, who undertakes sponsorship obligations.
  • Must have personally known and physically met their fiance(e), must not marry prior to entering Australia.
  • Applicants must agree to marry within 9 months of entering Australia.
  • Must not have any impediment to marrying under Australian Law

This visa allows the applicant to live, work and study in Australia for 9 months. You are also permitted to travel freely to and from Australia during this period.

How long to process Partner Visa?

The processing time is between 18-25 Months

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