Are you in a relationship with an Australian citizen, permanent resident or eligible New Zealand citizen?
If you are in a relationship, live together or are married to an Australian citizen, permanent resident or eligible New Zealand citizen and wish to live in Australia temporarily or permanently you may qualify to apply for one of three main Partner visa subclasses:
Partner visa (Subclass 820/801) temporary and permanent residency – for applicants in Australia
Partner visa (Subclass 309/100) temporary and permanent residency – for applicants outside Australia
Prospective Marriage visa (Subclass 300) temporary residency – for applicants outside Australia
Apart from the three main Partner visa subclasses, you may also qualify for another visa option as a primary or dependant applicant. When we assess your situation we will provide full information regarding all visa options for your specific situation.
What are the Main Requirements for a Partner visa?
In order to apply for a Partner visa, you must meet certain requirements in order to be eligible to apply. You need to be able to prove:
That you are married and that your marriage is recognised under Australian law or
that you have lived together for a specific period of time (not essential in all cases, refer to further info below) or
you must prove that you plan to get married
you need to satisfy health requirements
both yourself and your sponsor must meet character requirements
you must be able to prove that you are in a genuine and continuing relationship, evidence required will vary for each specific case
* Same-sex couples can also apply for a Partner visa and for same-sex couples who wish to it is possible to marry in Australia
If you do not meet all criteria according to Australian Migration legislation, in some cases, it may still be possible to obtain a Partner visa depending on your circumstances.
Length of the Relationship
The length of time you must have been in a relationship or lived together as well as evidence required differs for each situation. You do not need to have necessarily lived together for a period of 12 months in order to apply and in some cases you do not need to have necessarily lived together at all.
We will need to assess your individual situation considering all regulations and eligibility criteria to confirm whether you would be eligible, for which visa subclass and to confirm specific documents required for your specific case in order to be granted a visa.
What type of evidence is required?
The Department of Home Affairs has become very strict with the assessment of Partner visa applications as they are well aware that many applicants are not genuine. This makes it more difficult for genuine applicants as significant evidence is required. In all cases you must provide sufficient evidence in order to be granted a visa. For example, a marriage certificate on its own is not sufficient. You must be able to prove that you are in a genuine and continuing relationship. Various aspects of your relationship are assessed including the history of your relationship, social aspects, financial, how you met, your commitment to each other and day to day living arrangements.
Can I get a Bridging Visa?
You may qualify for a bridging visa depending on the visa subclass you apply for. A bridging visa allows the applicant to remain in Australia whilst the application is being processed and in most cases it will be possible for the applicant to work full time. In some cases a bridging visa may not come into effect at all depending on whether you currently hold an Australian visa or when your current visa expires. More information for your specific case can be provided by our Partner visa Specialist.
From Temporary Residency to Permanent Residency
In most cases, eligible applicants are granted temporary residency initially before they can qualify for permanent residency however in some cases if sufficient documents can be provided we can fast track the application so that you can obtain permanent residency directly without having to hold temporary residency first.
For those who will need to hold temporary residency first before permanent residency can be granted, it will be possible to access medicare and work full time for any employer in Australia whilst you hold the temporary visa.
What if a Relationship ends?
If a relationship ends, an applicant may still be eligible to remain in Australia however only if particular circumstances exist. As there are so many different types of scenarios we need to assess your individual situation to advise.
Request an Assessment
We specialise in handling Partner visa applications and advise on all types of scenarios. The Department of Home Affairs has very stringent assessment criteria even for those who have been married for several years and have children therefore it is important to ensure that a strong application is submitted including precise information.
Migration laws are complex and continuously changing. A migration assessment with a registered Australian Immigration Specialist is a very important and worthwhile part of the migration process as it will allow you to obtain precise information for your situation based on updated legislation. Contact our team today for more information.