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- Getting your spouse an Australian Partner Visa
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- Application Stages Partner Visa infographic
- Partner Visa FAQ
Getting your spouse an Australian Partner Visa
If you are in a relationship with an Australian citizen or permanent resident, then you may be eligible for a partner/spouse visa. The type of visa depends on your circumstances, such as your location, your immigration status, your relationship status and whether or not you are intending to get married. The following list down the types of applications that can possibly be made as well as the process.
The Onshore Partner visa - subclass 820/801
To apply for this visa, you must be onshore and be able to prove that the applicant is in a genuine married or de facto relationship with an Australian Citizen or Permanent resident. If you are not married, you must prove that you are in a de facto relationship, which is defined as living together for a period of greater than 12 months, or in a relationship that is registered for a period greater than 6 months. Unfortunately if you are in the State of Western Australia, you are unable to register your relationship for the purposes of a Partner Visa Perth. If you have less than 12 months evidenced as living together, we recommend you book in for a consultation with one of our Migration Agents in Perth on 08 6364 3782 to discuss your options. To be eligible to make the application, it is important that you do not currently hold certain conditions on your current visa, such as condition 8503 – No Further Stay. Once the application is made, you will be entitled to a Bridging Visa until the Department of Immigration and Border protection has made a decision. Depending on your circumstances, this bridging visa can allow you to work and study fulltime, however this may not always be the case (for example, an application made on the back of a Bridging Visa C). Two years after your application is assessed, the Department of Immigration will invite you to submit evidence to show you and your spouse are still in a relationship. Should you meet these requirements, the Department will grant a subclass 801 visa.
The Offshore partner visa - Subclass 309/100
Similar to the subclass 820, this visa allows you to make a partner visa application for your partner who is currently offshore. For this visa to be granted, you must be able to prove that you are the de facto partner, married spouse or intended spouse of an Australian permanent resident or citizen.
The visa is a two stage visa, just like the 820/801 visa, meaning you must apply for a two year temporary partner visa, followed by an applicantion for a permanent visa.
The Prospective Marriage Visa - Subclass 300
A subclass 300 Prospective Marriage visa is also known as the fiancé visa. It is for those who are not yet married but who plan to marry up to 9 months after entering Australia. You must be outside of Australia to lodge this visa application. Once this visa has been granted and the applicant arrives in Australia and marries, a subclass 820 temporary partner visa is granted. If the relationship continues for 2 years, a permanent subclass 801 visa is granted. This visa is applicable to cultural arrangements such as arranged marriages.