Applying for a Partner Visa in Australia
So you’re in a relationship with your Australian partner and you’ve decided to make Australia home. That’s the easy part.
You then need to decide which type of partner visa to apply for.
It can seem so confusing. You’ve heard so many different terms thrown about. Some of your friends have told you, you need to apply for a de facto visa, others have said you need to apply for a spouse visa, a marriage visa, a relationship visa, a subclass 820 visa.
The first thing you need to decide is where you will be when you apply for the visa. If you intend to be in Australia at the time you apply, then you will need to apply for a subclass 820 Onshore Provisional Partner visa combined with a subclass 801 Onshore Permanent Partner visa.
If you will be applying from outside Australia you will need to apply for a subclass 309 Offshore Provisional Partner visa combined with a subclass 100 Offshore Permanent Partner visa.
Criteria to meet to apply for a Provisional Partner visa subclass 820 in Australia
Regardless of whether you are applying in Australia or outside Australia the criteria to be met is the same.
You can apply for a partner visa on the basis that you are married to your partner. This includes same-sex marriages. Your marriage must be legally recognised in Australia and your relationship with your spouse must be ongoing and genuine.
De facto applicants
You can apply for a partner visa based on a de facto relationship of more than 12 months.
De facto applicants who have registered their relationship
If you are in a de facto relationship for less than 12 months or you are unable to prove you have been in a relationship for more than 12 months, you can register your relationship on a State Government Relationship Register. Once your relationship is registered you will meet the criteria for a partner visa without the need to prove that you have lived together for 12 months.
If you have any questions regarding your eligibility for the above criteria, please let us know!
Provisional and Migrant
Pathway to Permanent Residency: The Subclass 801 Permanent Partner Visa
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The subclass 801 Permanent Partner visa is the second stage of the process for subclass 820 onshore partner visa applicants to become unconditional Australian permanent residents. After a qualifying period, subclass 801 Partner visa holders will meet the criteria for Australian citizenship.
Two years after an applicant submits a subclass 820 Provisional Partner visa application they can apply for their subclass 801 Permanent Partner visa. The Department of Home Affairs will require new evidence that the applicant is still in an ongoing relationship with their Australian partner at the time their subclass 801 Permanent Partner visa application is assessed.
The subclass 801 Permanent Partner visa is an unconditional Australian permanent visa and once the visa is granted, it is no longer a condition of the visa that the applicant maintain a relationship with their Australian partner.
If you are unsure about your current relationship and visa status, book a consultation with one of our experienced migration agents and we can help to navigate the path for you.
Benefits of applying for your subclass 820 Partner visa in Australia
If you are currently on a valid Australian visa within the country, you should be able to apply for your new partner visa onshore. If your current visa is due to expire whilst your partner visa is being considered, you will automatically go onto a Bridging Visa with full work rights allowing you to stay in Australia while your application is processed.
Be Protected by our No Visa, No Fee Guarantee
Our personal experiences with Australia’s partner visa application process have made us more dedicated than ever to minimise the stress and guesswork often associated with the application process by our clients. Our No Visa, No Fee Guarantee is designed to provide you with peace of mind as the combination of our technical skills and knowledge as migration agents and immigration lawyers, along with our enviable success rate ensures your application is ‘decision ready’ when it is submitted and has a high chance of success. In the unlikely event that your application is rejected, we will refund our professional fees in full.