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Partner Visa
Your Guide to the Partner Visa in Australia
What is Partner Visa?
A Partner Visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. This visa is available in two categories:
- Onshore Partner Visa (subclass 820 and 801): Apply while in Australia.
- Offshore Partner Visa (subclass 309 and 100): Apply while outside Australia.
Types of Partner Visas
Onshore Partner Visa (Subclass 820 and 801)
- Temporary Visa (Subclass 820): This visa allows you to stay in Australia temporarily while your permanent Partner Visa (subclass 801) is processed. The Subclass 820 visa grants you the right to live, work, and study in Australia while awaiting a decision on your permanent visa application.
- Permanent Visa (Subclass 801): This visa is granted after holding the temporary visa for a certain period, usually two years, provided your relationship is still ongoing and genuine. The Subclass 801 visa allows you to live permanently in Australia, with access to Medicare and certain social security benefits, as well as the opportunity to apply for Australian citizenship once eligible.
Offshore Partner Visa (Subclass 309 and 100)
- Temporary Visa (Subclass 309): This visa allows you to stay in Australia temporarily while your permanent Partner Visa (subclass 100) is processed. The Subclass 309 visa grants you the right to live, work, and study in Australia while awaiting a decision on your permanent visa application.
- Permanent Visa (Subclass 100): This visa is granted after holding the temporary visa for a certain period, usually two years, provided your relationship is still ongoing and genuine. The Subclass 100 visa allows you to live permanently in Australia, with access to Medicare and certain social security benefits, as well as the opportunity to apply for Australian citizenship once eligible.
Eligibility Criteria
Relationship
- You must prove that your relationship with your partner is genuine and ongoing. This involves demonstrating mutual commitment to a shared life to the exclusion of all others.
2. Evidence required includes:
- Financial Aspects: Joint ownership of assets, joint bank accounts, sharing of financial responsibilities such as utility bills and rent.
- Household: Joint ownership or rental of the property, shared responsibility for housework, and other domestic arrangements.
- Social Aspects: Proof of social acknowledgment of your relationship, such as invitations to family events, shared activities, photos together, and declarations from friends and family.
- Commitment: Communication records, the period of cohabitation, and future indicating a commitment to a long-term relationship.
3. For de facto relationships, you must have lived together for at least 12 months before applying, unless there are compelling and compassionate circumstances, such as having a child together
Age
Both you and your partner must be at least 18 years old when the application is lodged. This is to ensure that both parties are legally capable of making such commitments and responsibilities.
Sponsorship
- Your partner must sponsor you. They must be:
- An Australian citizen,
- An Australian permanent resident, or
- An eligible New Zealand citizen
- The sponsor must be able to provide proof of their status and must also be committed to providing support, including accommodation and financial assistance, for the first two years of your stay in Australia.
- There are limits on the number of times a person can sponsor a partner for migration to Australia. Generally, a person cannot sponsor more than two partners in their lifetime and must wait at least five years between sponsorships.
Health and Character
Health Requirements:
- All applicants must meet certain health standards to ensure they do not pose a risk to public health or place undue burden on the Australian health services.
- You will be required to undergo health examinations, which may include a medical examination, chest x-ray, and HIV test.
- Health requirements may vary depending on your country of origin and any potential public health concerns.
Character Requirements:
- You must be of good character to enter and remain in Australia. This involves providing police certificates from every country you have lived in for 12 months or more over the past 10 years since turning 16.
- The Department of Home Affairs assesses character based on:
- The absence of a substantial criminal record,
- No involvement in activities that pose a risk to the Australian community,
- The completion of a character statutory declaration.
Other Considerations:
- Dependents: You can include dependent children or stepchildren in your application, provided they meet certain criteria.
- Previous Visa Applications: If you have applied for a visa while in Australia, you must hold a substantive visa or meet specific bridging visa requirements to apply for an onshore Partner Visa.
Additional Information
- Processing Time: The time taken to process a Partner Visa application can vary. Temporary Partner Visas typically take 13 to 18 months for onshore applications and 14 to 20 months for offshore applications. Permanent Partner Visas are generally processed within 24 months.
- Application Fees: The application fee for a Partner Visa can be substantial, and it varies depending on whether you apply onshore or offshore.
For more detailed and current information, it is advisable to refer to the official Australian Government website and offshore Partner Visa page.
Applying for a Partner Visa
The application process involves several steps:
- Gather Documents: Collect evidence of your relationship, identity documents, and other necessary paperwork. This includes proof of shared finances, household, social activities, and mutual commitment to each other.
- Submit Application: Apply online through the Department of Home Affairs website. Ensure all documents are accurately filled out and submitted to avoid delays.
- Health and Character Checks: Complete required health examinations and provide police certificates from any country you have lived in for 12 months or more over the past 10 years since turning 16.
- Await Decision: The processing time can vary; stay updated through your ImmiAccount. Temporary visas typically take 13 to 18 months for onshore applications and 14 to 20 months for offshore applications, while permanent visas are usually processed within 24 months.
Key Benefits of a Partner Visa
- Live and Work: Live, work, and study in Australia.
- Healthcare: Access to Medicare, Australia’s public healthcare system.
- Social Security: Access social security benefits once eligible.
- Path to Citizenship: Apply for Australian citizenship after meeting residency requirements.
Contact us today for a free consultation!
KnN Migration’s experienced team will guide you throughout the process, ensuring a smooth journey.
FAQs
A Partner Visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia.
The spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen can apply.
Onshore Partner Visas are for those applying while in Australia, while offshore Partner Visas are for those applying from outside Australia.
Processing times can vary, generally ranging from several months to over a year.
You need to provide evidence of your relationship, identity documents, health and character certificates, and other supporting documents.
Yes, Partner Visa holders can work in Australia.
Applicants must undergo health examinations and provide police certificates to meet health and character requirements.
Yes, dependent children can be included in your Partner Visa application.
If your relationship ends before the visa is granted, you must notify the Department of Home Affairs. Your visa application may be affected.
You can track the progress of your application through your ImmiAccount on the Department of Home Affairs website.
For the latest updates and detailed information, please visit the official Australian Government website and offshore Partner Visa page.
Contact KnN Migration!
Our team of experts can assess your eligibility, guide you through the application process, and ensure a smooth journey towards your Australian dream.
Disclaimer
The details shared above were accurate as of July 2024, but it’s important to note that migration regulations change over time. This information is meant for general understanding and should not be taken as legal advice. Keep in mind that information can change, so reach out to us for the latest guidance tailored to your situation. We look forward to assisting you!
Allows you to migrate if you have an eligible partner in Australia
The Partner Visa program allows the partner or spouse of an Australian Citizen, Permanent Resident, or Eligible New Zealand citizen to live in Australia.
| Visa Stream | Temporary Visa SubClass | Permanent Visa Subclass |
| Onshore Partner Visa Stream | Subclass 820 Partner (Temporary) visa | Subclass 801 Partner (Permanent) visa |
| Offshore Partner Visa | Subclass 309 Partner (Temporary) visa | Subclass 100 Partner (Permanent) visa |
| Prospective Marriage Visa | Subclass 300 Prospective Marriage (Temporary) | A permanent visa can be applied for after marriage based on eligibility |
Its a 2-stage process:
- Application for temporary (subclass 820/309 visa) and permanent visa(subclass 801/100 visa) has to be made at the same time and place.
- Temporary partner visa (subclass 820/309) is granted first and you may be eligible for permanent visa after 2 years. There are some exceptions for 2-year wait period, and it can be granted along with temporary visa in some specified circumstances.
Key Eligibility Criteria:
1. You are married or in de-facto relationship with an Australian Citizen, Permanent Resident, or Eligible New Zealand citizen.
2. You are in genuine and continuing relationship, you will need to provide evidence of below factors:
- Joint financial aspects of relationship.
- Nature of household.
- Social aspects of relationship.
- Nature of person’s commitment to each other.
3. Your spouse or de-facto sponsor is sponsoring you- there are certain limitations on sponsorship and your partner should be an eligible sponsor for partner visa.
4. If the relationship is de-facto then there are additional requirements to be fulfilled.
- Relationship is 12 month old (there are exemptions available for this in some specified requirements).
- You are not related by family.
5. Meet health and character requirements.
With this visa you can:
- Live, work and study in Australia.
- Travel to and from Australia as many time you want.
- Apply for Australia’s public health care scheme, Medicare.
While waiting for the visa:
Applicants (of onshore partner visa) are eligible for a bridging visa. This enables the applicant to remain in Australia once the current visa expires. You will generally, but not always, have full work and study rights. If you have applied for offshore partner visa stream then you wont be eligible for bridging visa and need to wait for your visa grant before you make any travel plans to Australia.
So, If you want to bring your parents to Australia! KnN Migration simplifies visa options (Parent, Contributory Parent, Partner). Expert guidance for a stress-free reunion. Contact us today!
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