Australian Partner Visa & Prospective Marriage Visa
When in a relationship with a person who is not a permanent resident of Australia, you may be eligible to sponsor them to live with you in Australia as your partner.
As an Australian citizen, Australian permanent resident or eligible New Zealand citizen you may be able to choose one of the following pathways to sponsor your partner to come to Australia, remain in Australia to live and work permanently.
What Are My Visa Options?
Depending on your circumstances You may be eligible to apply for one of the following three Visa Pathways:
Partner Visa - Subclass 820 & 801
The Partner Visa (Subclasses 820 & 801) are for applicants who are onshore in Australia. If you are in a lawful marriage or in a de facto relationship with your partner you may be eligible to apply for this visa.
For de facto applicants, you need to provide evidence of being in a de facto relationship for at least 12 months, or you can register your relationship with your relevant state or territory to waive this requirement. If your relationship is registered it is still necessary to provide evidence of the DeFacto requirement.
For married applicants, you need to satisfy the genuine relationship requirement by providing evidence you are in a genuine and continuing relationship.
Partner (Provisional) visa (sc309) & Partner (Migrant) Visa (sc100) is designed for applicant’s whom are applying from overseas (outside Australia).
If you are legally married or in a de facto relationship and your partner is overseas they may be eligible to apply for a partner visa from outside of Australia.
The Prospective Marriage Visa (sc300) allows an applicant to travel to Australia to marry their prospective spouse.
After this visa is granted the visa holder has up to nine months to get married – they can get married in Australia or overseas. If the marriage ceremony is not undertaken within the 9 months of visa grant, this visa cannot be renewed.
Once married, the visa holder can then apply for a Partner Visa (Subclass 820 & 801) onshore at a special reduced visa application charge.
Permanent Partner - PR Stage
When making a partner visa application, you will be lodging a combined application for both a temporary partner visa and a permanent partner visa. Generally, the permanent partner visa can only be considered for grant 2 years after the initial application. Here are some lesser-known facts about the permanent partner stage:
• The permanent partner stage may be lodged online even if the initial visa application was lodged on paper
• You no longer need to wait for an email from Immigration to lodge the permanent stage. You can lodge an online application for the permanent partner stage as soon as you reach the 2-year mark
• Processing of the permanent partner stage is currently taking 12 months or more
Family Members - Eligibility
You may include the following dependent family members in your Partner Visa application:
Dependent children
Other dependent relatives.
To be included in your visa application, dependent family members must meet health and character requirements. Under DIBP policy if one family member should fail character or health checks even if they are not migrating the visa may not be granted.
Tourist Visa Holders
Currently tourist visa holders may apply, if eligible for partner visa whilst onshore in Australia. The usual application criteria applies to tourist visa holders including:
Do you have an eligible sponsor?
Can you meet defacto criteria?
Are you married?
Are there conditions attached to your tourist visa barring you from making further visa applications while in Australia? i.e. 8503
The Department of Immigration & Border Protection (DIBP) are currently considering proposals to bar tourist visa holders from making a valid partner visa application whilst onshore in Australia. DIBP intends to push for offshore processing but with speedier outcomes. This new policy decision has not been implemented but it is expected to be introduced early 2018.
Decision Ready Applications
Previously, Immigration has processed partner visa applications in the order in which they were received.
In the last few months this has been changing. Instead, applications which are considered "decision ready" are allocated and processed more quickly.
As processing times for partner visas can be 18 months or more, this makes a "decision ready" application more important than ever.
A decision ready application would normally include comprehensive documentation on:
Supporting documents on the relationship - including cohabitation, financial interdependence and social interdependence
Health checks
All required police clearances
Next steps?
Visa Crew, Australian Partner Visa specialists can make your Partner or Prospective Marriage visa application simple, and guaranteed stress-free. Our Registered Migration experts are available on call to assist you with the entire process. Daily we assist people with their visa applications, let our experience helps yours...
Tel: 0455 295 988