FAMILY VISA
- Partner Visa
- Partner Visa - Offshore
(Subclass 309/100) - Partner Visa - Onshore
(Subclass 820/801) - Prospective Marriage Visa
(Subclass 300)
This visa allows married couples and de facto partners of Australian citizens, permanent residents, and eligible New Zealand citizens to live in Australia permanently. At Further Education and Migration Services, we handle the acquisition of this visa for you by conducting a comprehensive evaluation, providing advice, and completing the visa application accurately.
While there are three main subcategories for partner visas, this visa is generally split into two groups: Prospective Marriage visa and Partner visa. The kind of visa you should request is determined by the kind of bond you have.
The different kinds of relationships are matched with corresponding visas are:
- Planned marriage (future spouse): Prospective Marriage visa
- Legal marriage: Partner visa
- Relationship with a de facto partner (also includes same-sex unions): Visa for partners
Partner Visa Subclass
There are two categories of subclasses: temporary and permanent. Initially, partners who satisfy the legal requirements for the visa are given a temporary visa. After a period of eligibility, a permanent visa may be given, or if there is a well-established relationship or children from the relationship, it could be granted soon after the temporary visa.
Partner category migration also enables the temporary arrival of fiancé(e) (intended spouses) of Australian citizens, permanent residents, and eligible New Zealand citizens to Australia.
Nevertheless, being the partner or fiancé(e) of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen does not automatically make you eligible for permanent residence in Australia. To become a permanent resident in Australia, you must initially apply for a permanent visa and meet the legal requirements for approval of the visa.
Let's briefly examine the subclass partner visas depending on where you were when applying:
- If you are currently residing in Australia: you can qualify to request Partner Temporary Visa (Subclass 820) as well as Permanent Visa (Subclass 801). You have the option to request this visa in order to remain in Australia with your partner, who must be either an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen. If the relationship remains authentic and continues for at least two years after the visa application, you may receive a permanent visa.
- If you are not in Australia: You can apply for the Partner Temporary Visa (Subclass 309) and Permanent Visa (Subclass 100) to live in Australia with your partner, who must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. Having a consistent and sincere relationship for a duration of two years following the visa application may result in being eligible for a permanent visa.
Terms and Conditions to apply Partner Visa
Below are a few basic criteria that must be met in order to qualify for applying for this visa:
- You need to have a sponsor who is an Australian citizen, permanent resident, or eligible New Zealand citizen to meet the legal requirements. This sponsor can be your fiancé(e), partner, or in some cases, a parent or guardian of your partner.
- You are also required to satisfy health and character requirements.
- If you have children or other family members who depend on you, they can apply together with you as long as they meet specific criteria.
Broader criteria for qualifying for a Partner Visa in Australia.
The Partner visa can be used by individuals whose visa has been denied or revoked since their last trip to Australia. This denial or revocation is covered by section 48 of the Migration Act 1958 (Act). Therefore, in Australia, you are limited to applying for specific visa classes like a Protection visa or a Bridging visa, with no other options available.
Nonetheless, starting from September 14, 2009, you could possibly qualify to submit an application for a Partner visa in Australia if you satisfy specific requirements. The following four criteria are:
- You cannot have been denied a partner visa since your last entry to Australia.
- You should not have had a visa denied or revoked due to character issues specified in section 501 of the Act.
- You are required to submit a completed and signed Form 40SP Sponsorship for a partner's migration to Australia, by an Australian citizen, permanent resident or eligible New Zealand citizen who acknowledges themselves as your spouse or de facto partner, with your application.
- When submitting your application, you must include two statutory declarations from individuals who are Australian citizens, Australian permanent residents, or eligible New Zealand citizens (excluding your partner) that confirm the legitimacy of your relationship with your partner. You must make these statements within six weeks before submitting the Partner visa application.
These are a few fundamental criteria to simply submit an application. In addition to these, there are numerous others, and your application will be evaluated according to the laws just like all Partner visa applicants in Australia.
FAQs
A partner visa enables the husband, wife, or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to reside and work in Australia. It is a route for partners to stay united in Australia.
If you are wedded to or in a domestic partnership with an Australian citizen, permanent resident, or eligible New Zealand citizen, you might qualify for a partner visa. Both heterosexual and homosexual couples are qualified.
A de facto relationship is a sincere and lasting relationship between unmarried individuals who are in a serious relationship, residing together in a genuine household setting.
The primary categories of partner visas include:
- Subclass 820/801 (Onshore): Partner Visas available for individuals currently residing in Australia, offering both temporary and permanent options.
- Subcategory 309/100 (Offshore): Partner visas, both temporary and permanent, for individuals who are located outside of Australia.
The partner visa process consists of initially applying for a temporary visa followed by applying for a permanent visa at a later stage. If you choose to apply while in Australia, you will start by submitting an application for a subclass 820 visa, followed by an application for a subclass 801 visa.
Prerequisites involve showing a real connection, confirming dedication, undergoing health and character assessments, and fulfilling financial and sponsorship responsibilities. Specific requirements may apply to each visa subclass.
This may encompass items such as joint bank accounts, shared expenses, photographs taken as a couple, travel papers displaying mutual vacations, and statements from loved ones corroborating the genuineness of your partnership.
The time taken for processing can differ and is influenced by factors such as the complexity of the case, the thoroughness of the application, and the number of applications waiting to be processed. One can verify processing times on the Department of Home Affairs website.
Typically, partner visa holders are permitted to work and study in Australia. Temporary visa holders, such as those with 820 or 309 visas, typically have permission to work. On the other hand, permanent visa holders, like those with 801 or 100 visas, enjoy complete work and study rights.
Indeed, your partner's visa application can include dependent children. There are certain criteria and procedures for including children in the application.
In most cases, a de facto relationship must be in place for a minimum of 12 months before requesting a partner visa. Still, if you are able to demonstrate strong and sympathetic circumstances, exceptions may be considered.
The price of partner visas can differ and might fluctuate in the future. It is advisable to visit the official Department of Home Affairs website to access the latest fee information.
Same-sex couples can apply for a Partner Visa as long as they meet the eligibility requirements, just like opposite-sex couples.
Yes, it is possible to seek a Partner Visa by demonstrating your engagement. Nevertheless, you have to wed your significant other prior to the visa being approved.
Yes, it is possible to add dependent children to the Partner Visa application. Appropriate documentation is required for every dependent child.
Applying for a Partner Visa while in Australia on a tourist visa is feasible in certain circumstances. Nevertheless, it is crucial to fulfill certain criteria and stipulations in order to qualify for an onshore application.
The price of applying for a Partner Visa can be significant and will differ based on the type of visa and extra services needed. The costs for both temporary and permanent visa applications could vary between AUD 7,715 and AUD 8,715. Visit the Australian Home Affairs' website to stay informed about the most recent changes in visa fees.
Indeed, you might be able to challenge the decision if your Partner Visa application is declined. The appeal procedure changes according to the visa category and where you are.
Indeed, once you have fulfilled the necessary residency conditions and held the Partner Visa for a set amount of time, you can potentially qualify to seek Australian citizenship.
If your relationship ends before you receive the permanent visa, it could affect your visa eligibility. It is advisable to consult with a lawyer in those situations.
The Partner (Provisional and Migrant visa) (subclass 309 and 100) permits individuals who are married or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen to reside in Australia.
The 309 visa is temporary, while the 100 visa is permanent for migrants. Initially, the applicant is granted the temporary provisional 309 visa, enabling them to reside in Australia for a period of two years and subsequently apply for the migrant 100 visa.
Criteria for Qualification
For Partner (Provisional) visa (Subclass 309)
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- When applying and when the decision is finalized, you need to be located outside of Australia.
- You need to be the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Applicants, either spouse or de facto partner, need to be at least 18 years old or older when submitting their visa application.
- You are required to have a sponsor if your partner is under 18 years old (the sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen who is the parent or legal guardian of your partner).
- You are required to meet the standards for health and character.
- Before the visa is issued, you need to have paid back any debts owed to the Australian government, if applicable.
For Spouse (Migrant) Visa (Subclass 100)
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- You need to possess a subclass 309 temporary partner visa.
- You need to be in an ongoing marriage or de facto relationship unless there are exceptional circumstances.
- You are required to adhere to all Australian laws and the terms of the temporary 309 visa.
Requirements for health and character
All family members listed in the visa application, including yourself, must meet the following requirements:
- Health examinations must be completed within 12 months prior to visa application.
- Police certificate is required from countries where you resided for at least a year in the last decade.
Responsibilities for Sponsors
Sponsors must furnish the necessary items for two years after the applicant arrives in Australia on a temporary migrant 309 visa:
- Lodging
- Financial assistance, including the provision of English language classes if needed.
- Additional assistance such as childcare may be necessary.
Family Members on Visa Form
You have the option to add children or step children to your application. Check out https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore/provisional-309 for information on the criteria family members need to meet.
Do you want to make sure that your visa is processed correctly? Contact our certified immigration consultant and begin your assessment today with just one call.
FAQs
The subclass 309/100 visa is intended for individuals who have a real and lasting partnership with an Australian citizen, permanent resident, or eligible New Zealand citizen. While their subclass 100 permanent partner visa application is being processed, the partner can come and stay in Australia temporarily under subclass 309.
The subclass 309 visa permits individuals to reside, work, and study in Australia as their permanent partner visa (subclass 100) application is processed. Upon meeting the eligibility criteria and receiving your permanent partner visa approval, you are allowed to stay in Australia indefinitely.
You must provide a single application for both the subclass 309 and subclass 100 visas. You have the option to submit your application either online via the Department of Home Affairs website or with a paper form.
The requirements typically involve being in a real and lasting relationship with a qualified partner, satisfying health and character standards, and meeting additional criteria based on your situation. The Australian sponsor must also give sponsorship and fulfill specific criteria.
Yes, you are allowed to add family members who rely on you, like kids, to your submission. They must also meet specific requirements.
The processing period may differ, but typically it takes several months to over a year for the subclass 309 visa to be processed. After being granted the subclass 309 visa and waiting for the required period, the application for the subclass 100 permanent visa will be reviewed.
Yes, you are permitted to work and study in Australia while holding the subclass 309 visa.
If your relationship terminates after being granted the subclass 309 visa but before the subclass 100 permanent visa is approved, you must inform the Department of Home Affairs. The department will evaluate your circumstances and offer advice on what to do next.
The two-step process aims to evaluate the authenticity and strength of the relationship as time passes. The subclass 309 visa is a temporary visa that confirms the relationship is still valid before permanent residency is granted.
The price of a partner visa (subclass 309/100) may fluctuate and is subject to revisions. Currently, the price is usually approximately AUD $7,715 for the joint submission for both the temporary subclass 309 and the permanent subclass 100 visas. Nonetheless, charges may vary in the future, and it is suggested to refer to the official website of the Australian Department of Home Affairs to stay informed about the current visa fees.
The Subclass 820 and 801 Partner visas permit individuals who are married or in a de facto relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to reside in Australia.
Initially, the applicant is granted with a temporary 820 visa, allowing them to reside in Australia for a period of two years. In this timeframe, those interested can submit their applications for the permanent 801 visa to become permanent residents in Australia.
Advantages of having a Partner Visa
The Partner visa (Subclass 820), which is temporary in nature, permits applicants to:
- Reside in Australia for a period of two years.
- Study in Australia without receiving any financial support from the government.
- Obtain medical insurance through Medicare (Australia's program for healthcare services and costs)
The Subclass 801 Permanent Partner Visa enables applicants to:
- Remain, be employed and reside in Australia for an unlimited duration.
- Obtain medical insurance via Medicare (Australia's program for healthcare services and costs)
- Seek Australian citizenship upon meeting the requirements.
- Sponsor family members for permanent residency.
- Depart and come back to Australia within a five-year period starting from the visa issuance date.
Criteria of Eligibility
For Subclass 820
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- You need to be 18 years old or older when applying for a visa.
- You need to be in Australia when you apply for a visa and when the visa is approved.
- A sponsor (spouse/partner) is required.
- You need to satisfy both health and character criteria.
- You need to have no debt or have a plan to pay off any money owed to the Australian government.
Note: If the spouse or de facto partner is below 18 years old, they can be sponsored by the parent or guardian of the partner. Nevertheless, they need to be a citizen of Australia, a permanent resident of Australia, or a New Zealand citizen eligible for certain benefits.
For Subclass 801
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- You need to possess a subclass 820 temporary partner visa.
- You need to remain in a ongoing relationship with your spouse or de facto partner unless the relationship has been terminated due to special circumstances.
- All laws and conditions on 820 visa must be followed.
- You cannot have your visa revoked or denied while residing in Australia on an 820 visa.
Limitations on sponsorships
The immigration department will not review a sponsorship application for a partner visa if:
- The sponsor has received a partner visa or prospective marriage visa (subclass 300) within the past five years.
- The sponsor has previously sponsored two individuals for either a partner visa or prospective marriage visa (subclass 300).
- The sponsor has assisted someone in obtaining a partner visa or prospective marriage visa (subclass 300) within the past five years.
Nevertheless, the above mentioned cases may have certain exceptions in place, such as:
- In the event that the partner has passed away or left the relationship and there are young children involved
- If the sponsor has resided with their current partner for over two years
- If the sponsor or the sponsor's spouse have children who rely on them.
Responsibilities of a Sponsor
As a supporter, you are required to offer assistance to your partner:
- Lodging
- Financial support for living expenses as well as the option to take English language classes if needed.
- Additional assistance such as childcare if needed.
Family Members applying for a Visa
You have the option to add your dependent or step children to your visa application. Your dependent family members will have access to identical rights and visa requirements as you do.
Requirements for Health and Character.
You and all your dependent family members must possess:
- Medical examinations completed within a year of visa application.
- Police certificates are required for any country where you resided for over 12 months in the last decade.
If you want to be with your partner on this visa and need a precise evaluation for your situation, contact our registered migration officer for quick solutions!
FAQs
The Partner Visa (Subclass 820 and 801) is designed for people who are in real relationships with Australian citizens, permanent residents, or eligible New Zealand citizens. The temporary Subclass 820 visa and the permanent Subclass 801 visa are part of it.
The Subclass 820 visa functions as a temporary visa permitting you to stay in Australia while waiting for the decision on your application for the permanent Subclass 801 visa. The Subclass 801 visa provides permanent residency once the holder has maintained the 820 visa for a two-year period.
A suitable sponsor for a Partner Visa (Subclass 820 and 801) must be an Australian citizen, permanent resident, or eligible New Zealand citizen who satisfies particular character and relationship criteria.
In order to be eligible for the Partner Visa (Subclass 820 and 801), you must show a sincere and lasting connection with your partner. Meeting the criteria established by the Department of Home Affairs, including health and character requirements, is essential.
Proof such as mutual financial responsibilities, cohabitation, social ties, and supporting materials such as pictures, shared accounts, bills, and legal statements can confirm the authenticity of your relationship.
Certainly, you are able to add children who are dependent as secondary applicants in your Partner Visa (Subclass 820 and 801) application. They must also fulfill health and character criteria.
Definitely. You are allowed to work and study in Australia while on the temporary Subclass 820 visa as well as the permanent Subclass 801 visa.
Yes, it is possible to go abroad while on the Partner Visa (Subclass 820 and 801) in Australia. If you have the Subclass 820 visa, you may need to get a Bridging Visa B for traveling.
The amount of time it takes to process something can differ depending on factors such as how complete the application is and how many are being processed. Check the Department of Home Affairs website for up-to-date processing time predictions for the Partner Visa (Subclass 820 and 801).
Yes, it is possible to seek the Partner Visa (Subclass 820 and 801) while in Australia under a different visa category. There are specific conditions and factors to take into account.
In case your partnership concludes before receiving the Subclass 801 visa following the application for the Subclass 820 visa, make sure to notify the Department of Home Affairs. Your application may need additional documentation to prove the authenticity of the relationship, depending on the situation.
The 300 visa is given to individuals who are betrothed and intend to marry an Australian, Australian permanent resident, or eligible New Zealand citizen.
The visa enables the applicant to remain in Australia for a duration of 9 months and to submit an application for the Partner (subclass 820 and 801) visa during this timeframe.
Advantages of Prospective Marriage Visas
As a holder of the prospective marriage 300 visa, you are able to:
- Travel to or remain in Australia until your visa expires.
- Study and work in Australia while covering your own expenses.
- Travel outside Australia an unlimited number of times.
Note: New Zealand citizens with a valid Prospective Marriage visa must notify the immigration officer. If not, the officers might approve a subclass 444 visa, which will have an impact on the partner visa application in the future.
Criteria for Eligibility
For individuals applying for a Visa.
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- You need to be at least 18 years of age.
- You have to be outside of Australia when submitting an application and when the visa is approved.
- You need to fulfill the requirements for the relationship.
- You need to have your fiancé/fiancée as a sponsor.
- You are required to satisfy health and character criteria.
- You need to either repay or make plans to repay the debts you owe to the Australian Government.
For Sponsors
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- You are required to be the visa applicant's fiancé.
- You are not allowed to possess or have possessed specific visas.
As a sponsor, you are also accountable for:
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- The debt that your fiancé has to the Australian Government.
- Your partner's responsibilities at their job in Australia.
- Your fiancé's adherence to the visa requirements.
Members of the family
You are allowed to add your dependent children or stepchildren to your application. Your family members can be entitled to the same rights and visa conditions as you once they receive approval for the visa.
Get in touch with Further Education and Migration Services today to receive a thorough evaluation of your qualifications for a potential marriage visa. Our skilled immigration advisors will spare no effort in assisting you to wed your significant other.
FAQs
The Prospective Marriage Visa (Subclass 300) is a short-term visa available for those planning to wed an Australian citizen, permanent resident, or eligible New Zealand citizen. You are permitted to come to Australia, live for a maximum of nine months, and tie the knot with your significant other.
If you are in a relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen and plan to wed during the visa's validity, you are eligible to apply for this visa.
Certainly! It is possible to seek the Prospective Marriage Visa (Subclass 300) despite your partner already being in Australia on another visa.
The Prospective Marriage Visa (Subclass 300) is typically valid for a maximum of nine months starting from the grant date, within which the expectation is for you to wed your partner.
Processing durations may differ. It is advised to consult the official website of the Australian government for the latest processing time estimates.
You and your partner must demonstrate that you possess sufficient financial means to sustain yourselves while in Australia without depending on government assistance.
Indeed, it is necessary for you to be officially committed to your partner prior to seeking the visa.
Certainly, you are allowed to add dependent children to your application. You will receive the same visa subclass as them.
Necessary paperwork usually consists of proof of your relationship, identification papers, police clearance certificates, health evaluations, and additional documents. The particular paperwork may differ depending on each person's situation.
While health insurance is not required for this visa, it is highly advised to obtain coverage to pay for any medical costs while in Australia.
Certainly, it is possible to be employed in Australia with a Prospective Marriage Visa (Subclass 300), however, it should be understood that this visa is mainly intended for marriage and not for employment.
After getting married, you have the option to apply for a more suitable visa, like a Partner Visa, in order to stay in Australia.
The Prospective Marriage Visa (Subclass 300) typically permits a single entry to Australia, enabling one entry only.
If the engagement ends or you do not marry your partner during the visa's valid period, you must depart Australia before the visa's expiration.
No particular limit is specified for this category of visa. The amount of visas issued may fluctuate depending on demand and additional factors.
Typically, it is not feasible to extend the Prospective Marriage Visa (Subclass 300). If you require additional time, it is recommended that you exit Australia and reapply if needed.
English language skills are not necessary for the Prospective Marriage Visa (Subclass 300).
The application fee is typically not refunded, even if the visa is not approved.
The Subclass 300 Prospective Marriage Visa is designed for individuals planning to wed their partner. If your partner has no plans to get married, this visa may not be appropriate.
