Australia is known for its vibrant multicultural society, and for many couples, the opportunity to live and build a life together in Australia is a dream. Partner Visa’s allow couples to reunite in Australia and live together. With options available for both onshore and offshore applicants, this visa allows individuals in genuine relationships to join their Australian partners and begin their lives together in Australia.
If you are in a relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, you may be considering applying for a Partner Visa. The Australian Government offers a range of visa options for partners of Australian citizens or residents, allowing them to live, work, and study onshore.
Australian Partner Visa’s require extensive evidence in order to show the applicant and the sponsor are in a genuine and ongoing relationship. There are several pillars of what the Department of Home Affairs consider when assessing a Partner Visa Application.
Partner Visa Pathways to Permanent Residency
For most Partner Visas, there are two stages in the Partner Visa process. Once the second stage is granted, the applicant then becomes an Australian permanent resident. A Partner Visa can be lodged onshore or offshore and therefore, there are different Subclasses assigned to each Visa.
Partner Visa (Onshore) – Subclass 820 and Subclass 801
The Subclass 820 comes with many benefits, one significant advantage of the onshore Partner Visa is the applicant can continue living in Australia during the processing time.
The onshore Partner Visa is a temporary visa (Subclass 820). The Subclass 820 Partner Visa is a pathway that leads to the Subclass 801 Partner Visa. Once the Subclass 801 Partner Visa is granted, the applicant is officially a permanent resident of Australia.
Summary of Eligibility Criteria for Onshore Partner Visa
• You must be in a genuine and continuing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
• You must be in Australia when applying for this visa.
• You’ll need to provide supporting evidence of your relationship, such as photos, shared finances, and joint living arrangements.
This list is not exhaustive and further evidence is required to increases your chances of an approval.
Partner Visa (Offshore) – Subclass 309 and Subclass 100
This pathway is ideal for couples who are in long-distance relationships and want to reunite and live in Australia together. For this particular Partner visa Subclass, the applicant must be offshore at the time of application. Once the first stage is granted (Subclass 309), the Subclass 309 visa allows the applicant to live and work in Australia with their partner. It offers benefits such as access to healthcare, the pathway to permanent residency (Subclass 100), and the ability to work and study during the process.
After the required waiting period of two years, you can apply for the permanent Subclass 100 Partner Visa.
Prospective Marriage Visa (Offshore) – Subclass 300
The Subclass 300 Prospective Marriage Visa is an excellent option for engaged couples who wish to marry in Australia. It provides a pathway to permanent residency, allows you to live with your partner once granted, and gives you a structured transition into the Onshore Partner Visa.
The Prospective Marriage Visa is unique as it requires three steps that are not required for other Partner Visas:
- Once the Subclass 300 is granted, the applicant must enter Australia within the specified timeframe noted on the Grant Letter from the Department of Home Affairs.
- The applicant and sponsor must marry in Australia during this timeframe.
- The last step is the onshore Partner Visa (Subclass 820) must be submitted within this timeframe.
Please note, there are additional Departmental fees required for this Visa as an onshore Partner Visa must be lodged.
New Zealand Citizen Family Relationship Visa – Subclass 461
This visa is for applicants who are in a relationship with a New Zealand citizen. This is a temporary visa which allows you to live, work and study in Australia for 5 years from the date your visa is granted. The applicant may travel to and from Australia as many times as you want during the 5 year period.
For all Partner Visas, your Australian (or New Zealand) partner must be your sponsor. Your sponsor needs to meet specific character and background checks, including not having extensive history of visa violations or criminal activity. Applicants must undergo a health examination and provide police clearance certificates to demonstrate you meet Australia’s health and character standards.
If you are considering applying for a Partner Visa, it’s crucial to ensure that you meet all the eligibility requirements and provide strong evidence to ensure the case officer is satisfied that you are in a genuine and ongoing relationship.
If you are unsure about any aspect of the Partner Visa process or need assistance with your application, it may be beneficial to consult an immigration lawyer. Our firm specialises in straightforward and complex Partner Visa Applications. We strive to ensure we provide the strongest application possible on behalf of our clients and we have a high success rate.
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