PARTNER VISA

FIANCE VISA – OFFSHORE PROSPECTIVE MARRIAGE VISA – subclass 300 VISA

  • have met each other since turning 18
  • marry each other within 9 months of the visa being granted
  • be 18 years old
  • intend to live together as spouses
  • At time of decision, must be outside Australia
  • At time of application, must be outside Australia

After you have married, it is strongly recommended to apply for the onshore 820 visa before your 300 visa expires, as there will be a reduced fee to Immigration of approximately $2000.00.

 

Partner visas allow non-Australians to be in a genuine relationship with Australian citizens, permanent residents or eligible New Zealand citizens. You can be in same sex or opposite sex relationship and still apply for a partner visa. For partner visas, there are 2 relationship status’ that can be accepted. DE-FACTO or MARRIED.

MARRIED means you are validly married in a country where that marriage is recognised under Australia law. Largely that means most countries where a person is married, that marriage will be accepted in Australia.

DE-FACTO means that the partners have been living together for 12 months OR you can register your relationship to bypass the 12 month requirement. It is important that you can only register your relationship in NSW, QLD, VIC, ACT, TAS and SA. 

There are 2 types of partner visa,

  1. ONSHORE (820/801)
  2. OFFSHORE (309/100)

 

ONSHORE TEMPORARY PARTNER VISA Subclass 820 Visa

The subclass 820 visa allow non-Australians to be in a genuine relationship with Australian citizens, permanent residents or eligible New Zealand citizens. You can be in same sex or opposite sex relationship and still apply for a partner visa. For partner visas, there are 2 relationship status’ that can be accepted. DE-FACTO or MARRIED.

For the 820 visa, you must be in Australia when you apply for the visa and be in Australia at the time the visa is granted.

When you apply the 820 visa, you will be granted a bridging visa which allows you to stay in Australia. Once you have applied for the 820 visa, you are eligible for Medicare.

You will initially be granted a temporary 820 visa. You can apply for your permanent 801 visa 2 years after the date you submitted the initial application.

If your relationship has broken down, then you may be eligible to get subclass 820 if:

  • family violence has occurred
  • have a joint child
  • sponsor has died

 

 

OFFSHORE TEMPORARY PARTNER VISA Subclass 309 Visa

The subclass 309 visa allow non-Australians to be in a genuine relationship with Australian citizens, permanent residents or eligible New Zealand citizens. You can be in same sex or opposite sex relationship and still apply for a partner visa. For partner visas, there are 2 relationship status’ that can be accepted. DE-FACTO or MARRIED.

For the 309 visa, you must be outside Australia when you apply for the visa and be outside Australia at the time the visa is granted.

You will initially be granted a temporary 309 visa. You can apply for your permanent 100 visa 2 years after the date you submitted the initial application.

If your relationship has broken down, then you may be eligible to get subclass 309 if:

  • family violence has occurred
  • have a joint child
  • sponsor has died

 

 

ONSHORE PERMANENT PARTNER VISA Subclass 801 Visa

You will initially be granted a temporary 820 visa. You can apply for your permanent 801 visa 2 years after the date you submitted the initial application.

Again in order for the subclass 801 visa to be granted you must maintain a genuine and continuing relationship with your Australian citizen, permanent resident or eligible New Zealand partner.

If your relationship has broken down, then you may be eligible to get PR if:

  • family violence has occurred
  • have a joint child
  • sponsor has died

There is no Immigration fees for the 801 visa.

 

OFFSHORE PERMANENT PARTNER VISA Subclass 100 Visa

You will initially be granted a temporary 309 visa. You can apply for your permanent 100 visa 2 years after the date you submitted the initial application.

Again in order for the subclass 100 visa to be granted you must maintain a genuine and continuing relationship with your Australian citizen, permanent resident or eligible New Zealand partner.

If your relationship has broken down, then you may be eligible to get PR if:

  • family violence has occurred
  • have a joint child
  • sponsor has died

There is no Immigration fees for the 100 visa.

 

RELATIONSHIP EVIDENCE FOR ALL PARTNER VISAS, REGARDLESS OF SUBCLASS

The most critical to getting a partner visa granted is a genuine relationship. There are 4 aspects that Immigration considers to a genuine relationship:

  1. FINANCIAL
  2. SOCIAL
  3.  HOUSEHOLD
  4. COMMITMENT TO EACH OTHER

As long as you can provide all 4 types of evidence, your partner visa in most cases will be granted.

Documents you could provide to prove FINANCIAL ASPECT:

  • joint bank statement
  • joint purchases (e.g. car, television)
  • joint mortgages or leases

Documents you could provide to prove HOUSEHOLD ASPECT:

  • documents to prove how you live together
  • If any children together, then birth certificate
  • how chores are divided in the house
  • emails or letters in both names

Documents you could provide to prove SOCIAL ASPECT:

  • photos with friends and each other’s family together
  • invitations for weddings, parties or events in both names
  • declaration to companies, government entities (tax office, gym etc.)
  • partake in social, cultural activities together
  • Facebook posts

Documents you could provide to prove COMMITMENT:

  • Chatting (whatsapp, messenger, phone etc.)
  • Each of you know about each other’s family and life story
  • How you depend on each other

 

Partner visas can be very complex as each situation has its own things to look out for. We have vast experience and knowledge in partner visas. Please contact us today on info@visaeducationexperts.com.au or +61 414 588 942.

Information provided in this website is general in nature and does not constitute immigration advice.
The information on this website can change without notice and we do not guarantee the accuracy of information.
Every effort has been made to ensure that the information provided is accurate. Individuals must not rely on the information in this website to make a visa or immigration decision. Before making any decision, we recommend you consult a migration agent or lawyer to take into account your particular situation and individual needs.

Please note that any immigration advice provided only and only constitutes immigration assistance as per s276 of the Migration Act 1958 (It does not include or constitute any other type of advice apart from immigration assistance as per s276 of the Migration Act 1958).