Partner Visas
Partner visas allow a married partner/fiance of an Australian citizen, permanent resident or eligible New Zealand citizen to enter & remain in Australia. Initially, the overseas partners, who meet legal criteria, are granted a temporary visa. Later, they are granted a permanent visa following an eligibility period & subject to the couple proving their ongoing relationship.
The visa applicant must be sponsored by their Australian spouse/prospective spouse or de facto partner. Recent changes in migration law make it mandatory for a sponsorship to be approved before a visa applicant is eligible to apply for their visa.
There are 2 types of Partner Visas :
- Prospective Marriage Visa
- Partner Visa (onshore or offshore)
Prospective Marriage Visa – Subclass 300
This is a visa for persons who plan to marry their Australian fiance in Australia.
Criteria to be met by prospective visa applicants :
- You must be sponsored by your fiance (prospective spouse) who is either an Australian Citizen or Permanent Resident
- The sponsor must satisfy a range of legal criteria & be approved by the Department
- You & your sponsor must be over 18 years of age
- The sponsor and/or visa applicant must not have been charged or convicted of a registerable offence or any other relevant offence
- You must have met your fiancé in person & known them personally before applying for this visa
- You must have a genuine intent to marry & live with your intended spouse
- You must prove the history of your relationship
- You & your family members, who apply with you, must meet health & character requirements
- You must be outside Australia when you apply for this visa
- If you get married before a decision is taken on your visa application, then you must withdraw your “Prospective Marriage” visa application
- You must enter Australia before a date mentioned on your visa grant letter
- You must get married to your Australian fiancé while your visa is valid
Rights of Subclass 300 visa holders
- You can enter Australia & marry your Australian fiancé while your visa is valid
- You can live, work & study while your visa is valid
- You may travel as many times as you want while your visa is valid
- After marrying your Australian fiancé, you may apply for a Temporary Partner visa in Australia. This will enable you to remain in Australia once your “Prospective Marriage” visa expires
Partner Visas
Onshore – Subclasses 820 & 801
Offshore – Subclasses 309 & 100
This is a visa for persons who are already married to an Australian Citizen or Permanent Resident & wish to enter and live in Australia with their Australian partner. All Partner visas operate under a 2-stage processing arrangement, wherein the visa applicant must first apply for a temporary visa before being eligible for the Permanent visa after an eligibility period.
Criteria to be met by Partner visa applicants :
- You must be sponsored by your Australian Partner/spouse who is either an Australian Citizen or Permanent Resident
- The sponsor must satisfy a range of legal criteria & be approved by the Department
- You cannot change your sponsor
- You & your sponsor must be over 18 years of age
- The sponsor and/or visa applicant must not have been charged or convicted of a registerable offence or any other relevant offence
- You must be in a married or de facto relationship with your Australian partner & that marriage must be valid under Australian law
- You must not be related by family. The Australian Marriage Act permits certain marriages. Contact us if you want to know more
- You must prove that you have a genuine & continuing relationship with your partner
- You & your family members must meet health & character requirements
- You must not have had a visa cancelled or refused while you were in Australia
- You must submit for your temporary & permanent visa application together
- You must enter Australia before a date specified on your visa grant letter
- You must continue to be married & in an ongoing marital relationship till you get your Permanent visa
- You become eligible for your Permanent visa after being in an ongoing marital relationship for at least 2 years
Rights of Partner visa applicants :
- You can live, work study in Australia while you Permanent visa is being processed
- You may include family members in your visa application
- You are eligible for free English classes of up to 510 hours
- You may travel as many times as you want to & from Australia while your visa is valid. If you have been granted a Permanent visa, you can travel freely for 5 years after which you must get a suitable visa to enter Australia
- You can enroll in Australia’s public health care scheme MEDICARE
- Once you have got your Permanent visa & have met eligibility criteria, you can apply for Australian Citizenship