AUSTRALIAN PARTNER VISA

Applying for an Australian partner visa (subclasses 802 and 801)?

Wanting to start a new chapter of your life is an exciting time, Migration Specialists can help you and your partner with a subclass 820/ 801 Temporary residency visa for your partner and you.

Married partners (opposite-sex spouses) and de facto (unmarried) partners, including those in a same-sex relationship, of an Australian citizen, Australian permanent resident or eligible New Zealand citizen may be granted a visa to enter Australia and remain permanently under the partner category.

The temporary partner visa (subclass 820) is granted first and lets you stay in Australia while the permanent partner visa (subclass 801) is processed.

To be eligible, it is necessary for all applicants to prove that their relationship is genuine and continuing. Financial commitment, social acceptance, emotional support and the nature of the household, are ways of demonstrating this.

A temporary partner visa can also be a pathway to permanent residency in Australia, if your relationship is genuine and ongoing.

What makes an eligible sponsor?

Partners of Australian citizens, Australian permanent residents, or eligible New Zealand citizens may apply to enter and/or remain permanently in Australia. Partners include:

  • A fiancé or fiancée
  • A married partner
  • A de facto partner
  • A same‐sex partner

Applying for an Australian partner (provisional) visa (subclass 309) and partner (migrant) visa (subclass 100)?

The Partner visa (subclasses 309 and 100) allow the partner or spouse of an Australian citizen, Australian permanent resident to live in Australia.

The temporary Partner (Provisional) visa (subclass 309) is granted first and lets you stay in Australia while the permanent Partner (Migrant) visa (subclass 100) is processed.

What makes an eligible sponsor?

You must be married or in a de facto relationship with:

  • An Australian citizen
  • An Australian permanent resident
  • An eligible New Zealand citizen

So which partner visa subclass application applies to you:

If you are outside Australia: Partner Temporary Visa (Subclass 309) and Permanent Visa (Subclass 100):

You can apply for this visa to enter and stay in Australia with your partner, who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. A continuous and genuine relationship for two years after the application of this visa, can grant you a permanent visa.

If you are in Australia, you are eligible to apply for Partner Temporary Visa (Subclass 820) and Permanent visa (subclass 801).

You can apply for this visa to stay in Australia with your partner, who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. If the relationship is genuine and still on even after the two years of the application of this visa, you can be granted a permanent visa.

Prospective Marriage Visa (Subclass 300)

This partner visa allows people to come to Australia to marry their fiancé.

If you are granted this visa, you should marry your fiancé and apply for a visa before your Prospective Marriage visa (subclass 300) expires (within 9 months). Holders of this visa can them apply for a partner visa and remain in Australia.

What makes an eligible sponsor?

You must:

  • Intend to marry
  • Have met and know your prospective spouse
  • Be the opposite sex to your prospective spouse (same sex can apply for a partner visa)
  • Be at least 18 years of age

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