What is a partner visa?

A partner visa is a permanent visa for individuals that want to live in Australia with their partner.

To be eligible, you must be married to, or in a de facto relationship with:

An Australian citizen, or
An Australian permanent resident, or
An eligible New Zealand citizen

Married applicants

You are a married applicant if your marriage is valid under Australian law, and:

you have a mutual commitment with your spouse to the exclusion of all others
your relationship is genuine and continuing
you either live together or do not live permanently apart
you are not related by family.

De facto partners

To be a de facto partner, you must be in a de facto relationship.

You and your partner are in a de facto relationship if:

you are not married to each other
you have a mutual commitment with your de facto partner to the exclusion of all others
your relationship is genuine and continuing
you live together or do not live permanently apart
you are not related by family.

Usually, you must be in a de facto relationship for at least 12 months immediately before you apply for this visa. Time spent dating or in an online relationship might not count as being in a de facto relationship.

In Australia there are currently 3 categories of partner visas:

1. Prospective Marriage Visa (subclass 300)

2. Onshore Partner Visa (subclasses 820/801)

3. Offshore Partner Visa (subclasses 309/100)

Prospective Marriage Visa (subclass 300)

This visa is a pathway to the Onshore Partner Visa and needs to be applied for outside of Australia. If granted, it allows the person to come to Australia for 9 months, and to get married within that time whilst in Australia.

After they are married, they can then apply for an Onshore Partner Visa (at a reduced fee).

Onshore Partner Visa (subclasses 820/801)

With this visa the applicant must be physically present in Australia to apply for this visa. This means they have to hold some other sort of temporary visa to be in Australia at the time.

The applicant will also have to be physically present in Australia for the visa to be granted.

Here is a rundown of what would happen after lodging your application:

1. The visa applicant remains on their current visa until it expires.

2. The visa applicant is issued what is called a Bridging Visa A (“BVA”) which is the bridging visa they will hold once their current temporary visa expires. The BVA allows the visa applicant to remain in Australia with most of the rights of a permanent resident, including the right to work.

3. Once the partner visa is granted, the BVA will “expire”, and the applicant will then hold a subclass 820 Temporary Onshore Partner Visa.

4. Approximately 2 years later, the applicant will be eligible to apply for a Permanent Onshore Partner Visa (subclass 801). Once all the further documentation has been assembled and lodged successfully, the applicant can be granted their Permanent Onshore Partner Visa.

Offshore Partner Visa (subclasses 309/100)

With the Offshore Partner Visa the visa applicant must be physically outside of Australia to apply, and they also have to be physically outside of Australia when it is granted.

Once the visa is granted, the visa applicant can enter Australia to be with their partner on a temporary offshore partner visa (subclass 309).

As with the onshore partner visa, the remainder of the process is the same:

· Approximately 2 years after the subclass 309 visa has been granted, the applicant will be eligible to apply for a permanent offshore partner visa (subclass 100).

· Once all the further documentation has been assembled and lodged successfully, the applicant can be granted the permanent offshore partner visa.

Both the Onshore and Offshore Partner Visas consist of two stages (a temporary visa followed by a permanent visa). The two stages are applied for at the same time with one application fee.

The most important aspect when applying for a Partner Visa is showing that you have a mutual commitment to a shared life to the exclusion of all others, and that your relationship is genuine and on-going.

You need to show that your relationship is genuine across four different areas. They are:

1. Financial Aspects.

2. Nature of the Household.

3. Social Aspects.

4. Nature of Commitment.

Gathering this information and presenting it in the best way is the most crucial part of a Partner Visa application

To make sure you have the best chance of a successful application you should consult an expert in visa applications and immigration law.

At Shellharbour Legal Solutions we can guide you through the process and provide you with expert advice.

Disclaimer: The contents of this article do not constitute legal advice and should not be used as such. Formal legal advice should always be sought in these matters. If you would like to discuss this or any other matter please CONTACT US for an appointment.