Partner Visas (subclass 309/100, 820/801)

A partner visa allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to enter into or remain in Australia. The applicant is initially granted a temporary visa, and is subsequently eligible for permanent residency if the relationship still exists after a two-year waiting period. The minimum requirements for this visa are as follows:

Relationship
If your application is based on  marriage:
• you must be legally married to an Australian citizen, permanent resident or eligible New Zealand citizen 

If your application is based on a de facto relationship:
• you must generally have been in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen for at least 12 months prior to lodging your application, although some exceptions exist AND
• you and your partner must both be at least 18 years old, and must not be closely related


In all cases:
• you and your spouse/partner must be in a mutually exclusive relationship;
• that relationship must be genuine and continuing
• you and your spouse/partner must either live together, or live apart on a temporary basis only


Sponsor
Your sponsor must:
• be an Australian citizen, permanent resident or eligible New Zealand citizen
• not have previously sponsored more than one other fiancé, partner or spouse for migration to Australia, and not have sponsored a fiancé, spouse or partner for migration to Australia within the last 5 years (unless there are compelling circumstances)
• not have been sponsored for a Spouse, Partner or Prospective Marriage visa by someone else within the last 5 years (unless there are compelling circumstances)
• provide police clearance certificates to for each country in which he/she has lived for at least 12 months during the last 10 years AND consent to the disclosure of any conviction for a ‘relevant offence’ to you and any family members included in your application.


Applying for a partner visa
If you apply for an offshore visa (309/100) you must be outside Australia at the time your application is lodged, and when your initial visa is granted. If you apply for a partner visa onshore (820/801) you must be in Australia at the time your application is lodged, and when your initial visa is granted.

This visa, which is valid for a ‘stand-down period’ of approximately two years from the date of the application’s lodgement, allows you to enter Australia and remain there until your application for permanent residency has been decided.

Next Steps: Permanent Residency
You will be eligible to apply for permanent residency two years after lodging a successful temporary partner visa application, provided your de facto partnership or marriage continues to meet the requirements listed above. At this stage, you will be required to provide further evidence to establish your eligibility for permanent residency. You may be either in or outside Australia when your permanent visa is granted.


SunCoast Migration is able to advise you on putting together the most effective application for a successful partner visa. Please contact us for a free initial assessment of your situation.


Updated: 17Spe18