Any citizen of Australia, permanent resident of Australia, or any eligible citizen of New Zealand. Your partner must sponsor you for a period of two years – after which you may be eligible for permanent residency if the relationship is still genuine and ongoing.

Applying for a partner visa is a two-stage process. You can apply for both a temporary and permanent visa in one application at the same time.

1. Temporary Partner Visa (Subclass 820 or 390)

If you submit your partner visa application when you are outside Australia, you must be outside Australia when the temporary visa is granted and vice versa.

Once the temporary visa is granted, you will have permission to travel to and from Australia until a decision is made on your permanent visa application and you are able to work in Australia.

2. Permanent Partner Visa (Subclass 801 or 100)

Your relationship will be reassessed after a prescribed period and you will be granted a permanent partner visa if you continue to meet all legal requirements as well as provide the necessary documents.

If you submit your partner visa application when you are outside Australia, you may be either in or outside Australia when the permanent visa is granted. If you submit your application when you are in Australia, you must be in Australia when this visa is granted.

In most cases, permanent residence cannot be granted less than two years from when you lodge your application. However, you may be granted a permanent visa without having to fulfil the usual two-year waiting period if at the time you apply you meet certain criteria such as:

• You have been in a relationship with your partner for five years or more (as a married or de facto partner), or
• You and your partner have been in a married or de facto relationship for two years and have children.

As illustrated, the documentation and requirements for a partner visa application are extensive. Our partner visa immigration lawyers and registered migration agents can assist you and your partner throughout the complex process of applying for a partner visa. We will ensure that the application is properly prepared and managed so that your visa is granted as quickly as possible.

Yes, you can. Under the de facto criteria, you need to have lived together with your partner for at least 12 months. However, keep in mind that the 12-month living together requirement could be waived in some cases.

De facto partners must also prove in their application that their relationship is genuine and continuing, and that they do not live separately and/or apart on a permanent basis.

• Insufficient evidence was submitted to the Australian Department of Home Affairs (DHA).
• Failure to upload the correct witness declarations.
• Failure to respond to additional DHA inquiries in a professional manner.
• The sponsor was not eligible, has a history of domestic violence, and/or has a criminal record.

• • Essential application forms
  • Identification documents
  • Relationship history documents (marriage certificate, proof of genuine relationship through financial, social, photos, etc., and statements of partners)

   

  However, the documents vary depending on the circumstances. Reach out to Nevett Ford’s partner visa lawyers in Melbourne to assess your situation and get advice on the right documents to prepare for your visa application.

• 18 years old or older,
• Married or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen,
• Do not have any previous visa cancellations and have complied with the conditions of your previous visa, and
• Able to meet the health or character requirements designated by the Australian Department of Home Affairs (DHA).

You can discuss all other eligibility details with your partner visa lawyer during a consultation.

Yes, if you apply for a partner or marriage visa in Australia rather than an offshore partner visa. You will usually be given a bridging visa while your application is being processed, allowing you to stay in Australia until a decision on your application status is reached.

If you are still unsure about your partner visa status and are worried about having to leave the country, please do not hesitate to reach out to our partner visa lawyers in Melbourne and we will guide you through the process.