As the name suggests, this is a visa for married partners (i.e. opposite-sex spouses) and de facto partners (including those in a same-sex relationship) of Australian citizens, Australian permanent residents and eligible New Zealand citizens to enter and remain permanently in Australia. We at Envision take care of procuring this visa for you through a thorough assessment, consultation and accurate visa application process.
Although, there are three major subclasses for partner visa, this visa is broadly divided into two categories: Prospective Marriage visa and Partner visa. The type of visa for which you should apply depends on the type of relationship you are in.
Following are the types of relationship and the visas that correspond to them:
- Intended marriage (fiance(e)): Prospective Marriage visa
- Married (de jure) relationship: Partner visa
- De facto partner relationship: (including a same-sex relationship): Partner visa
Subclass Partner Visa
The subclasses are of two types: temporary and permanent. In the beginning, partners who meet the legal criteria for the grant of the visa are granted a temporary visa. Later, a permanent visa may be granted following an eligibility period or, if there is a long-standing relationship or children of the relationship, soon after grant of the temporary visa.
Partner category migration also allows for the temporary entry to Australia of fiance(e)s (intended spouses) of Australian citizens, permanent residents and eligible New Zealand citizens.
However, as the partner or fiance(e) of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, you are not automatically eligible for permanent residence in Australia. If you wish to reside permanently in Australia you must first apply for a permanent visa and be assessed against the legal criteria for the grant of that visa.
Let us have a cursory look at the partner subclass visas based on your location at the time of application:
- 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.
- 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.
Prospective Marriage Visa (Subclass 300)
This is for those who want to enter Australia before marriage. In order to apply for this visa, your fiance must be an Australian citizen,Australian permanent resident or eligible New Zealand citizen. Once married, holders of this visa can then apply for a Partner visa to remain permanently in Australia.
General Terms and Conditions
Following are some general requirements to be eligible for applying this visa:
- You must be sponsored by a person (being your fiance(e), partner, or in some circumstances, a parent or guardian of your partner) who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen and who can satisfy the legal requirements for being a sponsor.
- You must also meet health and character criteria
- If you have dependent children or other dependent family members, they may make combined applications with your application provided that they meet certain requirements
Expansion of partner visa eligibility in Australia
Partner visa is also applicable to those whose visa has been refused or cancelled since their last visit to Australia. This refusal or cancellation falls under the section 48 of the Migration Act 1958 (Act). And hence, when you are in Australia, you cannot apply for any visa except for certain prescribed visa classes, such as a Protection visa or a Bridging visa.
However, from 14 September 2009 you may be eligible to apply for a Partner visa in Australia if you meet certain criteria. Those four requirements are:
- You must not have had a partner visa refused since you last entered Australia
- You must not have had a visa refused or cancelled on character grounds under section 501 of the Act
- You must provide with your application a form 40SP Sponsorship for a partner to migrate to Australia completed and signed by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who declares that they are your spouse or de facto partner
- You must provide with your application two statutory declarations from Australian citizens, Australian permanent residents or eligible New Zealand citizens (other than your partner) supporting the existence of your relationship with your partner. These declarations must be made not more than six weeks before the day the Partner visa application was made.
These are some of the basic requirements to just lodge an application. Along with these, there are many others and your application under this provision will be assessed against the legislative requirements in the same way as all Partner visa applicants who apply in Australia.
Envision is a seasoned Australian immigration agent. Our trained and professional staff knows how to handle each application thoroughly and meticulously.