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AUSTRALIAN DEFACTO VISAS
820/801 - 309/100 - 300
Australian Migration Law states you may be eligible for a partner visa if you are in a De Facto relationship or married to an Australian Citizen, Australian permanent resident or eligible New Zealand citizen.
To satisfy criteria for partner visas the relationship has to to be genuine; the couple must show evidence they are in this for the long haul! Partner visas are available to both opposite sex and same sex couples. In some cases there are exemptions depending upon your personal circumstances.
Understanding the complexity of migration law is paramount; we apply current migration law and regulations in relation to your individual circumstances to ensure a successful partner visa application.
No matter how complex your situation may seem, we offer REAL solutions.
Which Partner Visa Is Best For You?
Offshore Partner visa?
Onshore Spouse Visa?
There are several options to choose from, when it comes to making the right choice however, ensure you engage a professional who can offer up to date and clear advice. See our FAQ below for additional information on Partner Visas In Australia.
Is Your Partner Overseas or In Australia?
Plan To Get Married?
DeFacto Relationship?
Need Help?
THIS CATEGORY | DeFacto Spouse Visa For Two
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A new life and a new chapter together! Partner visas allow the holder to live in Australia on a temporary bridging visa. At the final decision stage you may entitled to permanent residency, and enjoy the rights associated with this.
Prior to lodgement it is necessary to show evidence of your shared life together. Evidence such as, financial commitment to one another, shared living arrangements and social recognition of your relationship are essential. We advise and assist you, how to put together the evidence to demonstrate your commitment to each other.
Substantive Visa
If you already the holder of a visitor visa, student visa, work 457 visa, or working holiday visa, the transition to partner visa may be a little tricky. Your existing substantive visa will take precedence over the temporary partner bridging visa. If you find your associated bridging visa does not have work rights you may apply for a waiver to fix this.
Waivers
The 12-month cohabitation requirement for partner visas may be waived if the couple has the opportunity to register their relationship in the state or territory they reside. Relationship registration may not be available in All Australian states/territories. Do bear in mind, if you register your relationship this may limit your options further down the line.
In some instances you may apply for 801 permanent visa without the obligatory waiting period. This exemption may apply to applicants with children or if the couple have been together for quite some time
Registered Migration Agents
For partner visas it is wise to plan in advance to ensure both the sponsor and applicant are eligible to make a successful visa application. As Registered Migration Agents we are aware of the process, criteria and good time management required to submit applications with the correct evidence & detail.
If you require assistance we are qualified to manage your partner visa application. Make an appointment NOW!
Am I Eligible For A Defacto Visa?
Some Pointers
ONSHORE
Defacto Visa
Onshore Defacto Visa | Subclass 820/801
Most popular visa if your partner/spouse is in Australia. Usually involves a two stage process. Initially the applicant applies for temporary subclass 820 visa. Later this is supplemented with additional evidence about the relationship. The permanent, final stage subclass 801 visa will be decided by the department.
Defacto Visa | Sponsor
An Australian citizen, permanent resident or eligible New Zealand resident is required to sponsor the applicant. The applicant must be in Australia when making an application for this visa.
Sponsor is required to meet character criteria & provide AFP police clearance certificate at a minimum.
Subclass 820 / 801 | Features & Requirements
• Live, work or study in Australia
• Dependent children may be included
• Open to same sex & opposite sex couples
• Applicant must be in Australia
• Bridging visa to remain in Australia
• No travel abroad - seperate bridging visa required.
Criteria Includes
• 12 Month DeFacto relationship
• Relationship registered with State or Territory
• Police Clearance certificate
• Friends or relatives statutory declaration
• Medical assessment
• Spouse/marriage relationship
OFFSHORE
Prospective Marriage Visa
Prospective Marriage Visa | Subclass 300
Valid for 9 months the applicant should be outside Australia when papers are lodged for Prospective Marriage - subclass 300 visa. The applicant should not enter Australia or get married before the visa is granted. Once granted, the marriage can take place - anywhere in the world! Now available to LGBTIQ, same sex applicants who wish to marry.
Prospective Marriage Visa | Sponsor
An Australian citizen, permanent resident or eligible New Zealand resident will need to sponsor the prospective spouse/applicant.
Sponsor is required to meet character criteria & provide AFP police clearance certificate at a minimum.
Subclass 300 | Features & Requirements
• Parties should intend to marry in accordance with Australian law - this visa is available to LGBTIQ couples
• Sponsor/spouse should have met and know each other personally
• Valid for 9 months - cannot be extended
• Pathway to 820/801 permanent visa
• Applicant must be outside Australia
Criteria Includes
• Intentin To Marry
• No Outstanding Debts To Australian Government
• Police Clearance Certificate
• Sponsor Must Be Fiancé Of Applicant
• Medical assessment
OFFSHORE
Partner Visa
Offshore Defacto Visa | Subclass 309/100
You may be eligible for this visa if your partner/spouse is outside Australia. You may also use this visa if you intend to marry your partner before coming to Australia. Partner visa usually involves two stage process; initially the applicant applies for temporary subclass 309. Later this is supplemented with additional evidence about the relationship or marriage. The permanent, final stage subclass 100 visa will be decided by the department.
Defacto Visa | Sponsor
An Australian citizen, permanent resident or eligible New Zealand resident will need to sponsor the partner/applicant. Sponsor is required to meet character criteria & provide AFP police clearance certificate at a minimum.
Subclass 309 / 100 | Features & Requirements
• Live, work or study in Australia
• Dependent children may be included
• Open to same sex & opposite sex couples
• Applicant must be outside Australia
Criteria Includes
• 12 Month DeFacto relationship
• Relationship registered with State or Territory
• Police Clearance certificate
• Friends or relatives statutory declaration
• Medical assessment
ONSHORE
Partner Visa
FAQ | DEFACTO VISA
Q Who May Apply For Defacto Visa?
Eligibility for onshore & offshore partner visa are similar. You may be eligible to apply for a Partner visa if you can satisfy the requirements which includes the following:
• Applicant must be over 18 years of age
• You both have been together for 12 months or more to satisfy DeFacto criteria
• DeFacto requirement may be waived if the relationship is registered
• Married Couple - Marriage must be recognised under Australian Law
• Relationship should be genuine and continuing
• Mutual commitment to a shared life - to the exclusion of all others
• Shared life including financial & social commitments
• Health and character requirements
Q What Is The Difference Between Onshore or Offshore Partner Visas?
Main difference between these visa types is where the applicant should be when the papers are lodged with the department of immigration.
• Offshore Partner Visa: Applicant must be outside Australia (309/100 CLICK HERE)
• Onshore Partner Visa: Applicant must be in Australia
Potentially, the visa application will be rejected if these requirements are not met.
Q Is My Partner Eligible To Sponsor Me?
The sponsor must be over 18 years of age. To be eligible the sponsor should meet one of the following criteria. Must be:
• An Australian Citizen
• An Australian Permanent Resident
• An eligible New Zealand Citizen
There are other limitations on who may or may not sponsor the applicant for Partner Visa. Please call us for detailed information.
Q How Long Is The Visa Valid For?
Partner visas are permanent visas - the applicant (if successful) will be granted full residency in Australia; with 5 year travel rights.
Q We Are In DeFacto Relationship But Mostly Live Apart?
It is not necessary for grant of visa that you must have lived together the whole time. It is important howevere you set out why you have been living apart and this would not be the intention, long term. Good & accurate evidence is required with your application to ensure the Department understands your circumstances.
Q We Have Questions About Prospective Marriage Visa?
To find the answer to your questions please go to our dedicated Prospective Marriage Visa page:
Q We Plan To Register Our Relationship?
Yes! This can be a smart option to circumvent the DeFacto requirement of Partner Visa application. Be aware however, this may also limit your options going forward. Call us for advice prior to registering your relationship.
Q What Are Dept Processing Times?
Partner visa applications processing times tend to vary, at present the wait time has increased; probably due to staff shortages at the processing centres.
• Partner 820 | 12 months+
• Partner 309 | 9 months+
• Prospective Marriage 300 | 8 Months+
Quality of the evidence, submission documents and correct, logical filing will influence how quick the department finalises you visa application. Unfinished and incomplete documents add to the frustration of the case officer; these applications usually take longer to process or may be rejected.
In some circumstances applicants qualify for expedited decisions - Ask Us How
Q We Are A Same Sex Couple, May We Apply?
All partner visas in the Australian migration program are available to gay/same sex couples.
Since December 2017, Australian Federal Law recognises gay marriage. We are accepting Prospective Marriage visa applications from LGBTIQ/same sex couples.
Q Does The Visa Allow Me to Work?
When a Partner visa is granted there are many benefits to the holder:
• Apply for Australian Citizenship
• Unrestricted work rights in Australia
• Study in Australia
• Travel abroad - 5 year travel rights
• Include dependent children or family members
• Enrol in Medicare
• Sponsor other family members to work in Australia
Q My 5 Year Travel Rights Have Expired?
All Permanent Residents are automatically granted 5 year travel rights from date of visa grant. If your 5 year period has expired or is about to expire you may be eligible for following options:
• Apply for Australian Citizenship
• Resident Return Visa (RRV)
Please ensure you make necessary arrangements before you depart Australia. You may have difficulty with immigration if your travel rights have expired.
Q What Are Department Application Charges?
Government application changes for both onshore and offshore partner visa are similar:
• VAC | $7850.00
Visa Crew Professional Fees: Request
Q We Want To Make Our Own Partner Visa Application, Can We Do This?
Yes you can make your own visa application with your partner/sponsor. There is ample resources online to assist you; a good place to start is the Government DIBP website:
Keep an eye on this website for changes to the law and regulations, it is important your Partner Application is up to date with any legislative amendments.
Call Visa Crew if you are unsure.
Q What Is New About Partner Visas?
2022-Government Charges increase - $7850.00
2022 - Sponsor to be approved in advance of Visa application
Q I Currently Hold A Student Visa, Am I Eligible To Apply For Partner Visa?
Student visa holders are generally not barred from making further visa applications while they are in Australia.
Check conditions on your Student Visa grant notice to make sure you are eligible.
Q My Current Visa Has An 8503 Condition Attached, Can I Apply For Partner Visa?
An 8503 condition on your visa does not allow you to make a further visa applications while you are in Australia. There are however exceptions to this; the regulations allow certain applicants to apply for a waiver.
Q I Currently Hold A Visitor Visa, Am I Eligible To Apply For Partner Visa?
Depending on conditions imposed on your Visitor/Tourist Visa you may be eligible to apply for a partner visa while you are in Australia.
Currently DIBP are considering amendments to the regulations preventing temporary visa holders from making Partner Visa applications.
Further developments are expected early 2018.
Q My Previous Visa Was Cancelled, Am I Ok To Make A Partner Visa Application?
If your previous visa was cancelled or if you had a visa application refused you are subject to 'Section 48 Bar" (s48). This prevents you making further visa applications while you are in Australia.
There are however exceptions to the regulations which may allow you lodge a sucessful Partner Visa application.
Q Can I Apply For 820/801 Visa At The Same Time?
Yes! The regulations allow for a combined partner visa application for 820/801 & 309/100. This will save you time, money and much stress.
Q Our Previous Partner Visa Application Was Refused?
It is wise to consult a Registered Migration Agent to advise on your individual circumstances; you may be barred from making further visa applications while in Australia. A decision to refuse your application may be appealed to the AAT.
> Click Here To Read More About Our Partner Visa Refusal Appeals Service
Q We Have More Questions About Partner Visas?
Call us anytime! Each day people turn to us for expert advice. No matter how complicated your case may seem we offer real solutions, customised to your situation!
Thank you for all the hard work and support you provided me in this journey and helping me get my PR; so kind and helpful.
I will definitely recommend you to all my friends.
Thanks again,
Beth
"Kind and helpful
Partner Visa | A Visa For Two
The Australian Department Immigration & Border Protection (DIBP) will ultimately decide on your Visa application. A dedicated case officer is appointed to review your Partner visa application applying current legislation. The primary requisite of this visa category is that the spouse/partner are to be sponsored by an Australian person already settled in this country. De Facto arrangements are another main element of the criteria; the couple are required to provide adequate evidence, the relationship is serious and ongoing. With correct advance planning and advice these requirements can be meet to ensure a successful visa application.
Checklist | Partner Visa Application
The team at Visa Crew are experienced when it comes to partner visa applications. When you engage our services we provide you with an itemised checklist of all documents and procedures required to make a successful Visa application. This process avoids incomplete applications, unnecessary delays and ultimately our clients can continue smiling in the knowledge they are in safe hands.
Prior to, during and after the application process our Migration Agents keep you informed along each step of the process; in addition you may contact us anytime if you have any queries about your visa application
Visa Crew | Registered Migration Agents
Our Registered Migration Agents are on hand and ready assist with your visa choice. As migration legislation around visas changes often, call us for an up to date appraisal. We will advise the best option for your partner visa.
Contact Visa Crew today as the first step to a stress free, visa experience...
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