Partner Visa
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Bamyan Lawyers—your perfect legal immigration firm for your partner visa
There are several partner visa options available. These depend on your relationship status, the length of your relationship, and whether you are applying from inside or outside Australia.
All partner visas require sponsorship by an Australian citizen or permanent resident, or an eligible New Zealand citizen.
Partner visas can be very confusing and require a significant amount of evidence to satisfy partner visa case officers that your relationship is genuine—and on going.
Bamyan Lawyers are experts with partner visas, and can advise you on the type and amount of evidence you will need to provide. This is to ensure that your visa application is for an authentic relationship.
We’ll assess your circumstances to make sure which visa is right for you. If your case has any weak areas, we’ll let you know, and we’ll help you make a strong visa application.
Onshore Partner Visa (subclass 820/801)
This type of partner visa is for an applicant who is in Australia (onshore) when they apply. The subclass 820 visa is temporary. The subclass 801 visa is permanent.
The subclass 820 visa is the provisional partner visa that is granted first. Your partner must lodge a Sponsorship application to sponsor you for the visa.
After 2 years on this visa, you will be eligible to apply for the subclass 801 visa. If this is granted, you’ll become a permanent resident of Australia.
Requirements for married spouses:
In order to apply for a subclass 820 partner visa for married spouses, Australian migration law requires that:
- You must be in Australia when you apply.
- Your marriage must be valid under Australian law.
- You must have comprehensive evidence to support your application.
- You are mutually committed to a shared life together.
- Your relationship is genuine and continuing.
- You are living together, or if you are living apart, it is not permanent.
Requirements for de facto partners:
In order to apply for a subclass 820 partner visa for de facto partners, Australian migration law requires that:
- You are not married to each other.
- You must have comprehensive evidence to support your application.
- You are mutually committed to a shared life together.
- Your relationship is genuine and continuing.
- You are living together, or if you are living apart, it is not permanent.
You must also meet Australia’s health and character criteria.
Offshore Partner Visa (subclass 309/100)
This type of partner visa allows the partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to come to Australia to live with their partner.
The subclass 309 visa is the provisional partner visa that is granted first. This allows you to travel to Australia to live with your partner.
You must be outside Australia when you lodge the application and while the visa is being granted after processing.
Your partner must lodge a Sponsorship application to sponsor you for the visa.
After 2 years on this visa, you will be eligible for the subclass 100 visa. If this is granted, you’ll become a permanent resident of Australia. (Subclass 309 and 100 are applied together at the same time).
Requirements for married spouses:
In order to apply for a subclass 309 partner visa for married spouses, Australian migration law requires that:
- Your marriage must be valid under Australian law.
- You must have comprehensive evidence to support your relationship claims.
- You are mutually committed to a shared life together.
- Your relationship is genuine and continuing.
- You are living together, or if you are living apart, it is not permanent.
Requirements for de facto partners:
In order to apply for a subclass 309 partner visa for de facto partners, Australian migration law requires that:
- You are not married to each other.
- You must have comprehensive evidence to support your relationship claims.
- You are mutually committed to a shared life together.
- Your relationship is genuine and continuing.
- You are living together, or if you are living apart, it is not permanent.
You must also meet Australia’s health and character criteria.
Prospective Marriage Visa (subclass 300)
This type of visa is for people outside Australia who want to come to Australia to marry their partner. This visa allows the applicant to stay in Australia for 9 to 15 months, so you and your partner can plan your marriage together.
This visa application must be made outside Australia, and you must still be outside Australia while the application is granted.
Requirements:
In order to apply for a prospective marriage visa, Australian migration law requires that you must:
- Intend to marry an Australian citizen, permanent resident, or an eligible New Zealand citizen.
- Show that your fiancé is eligible to sponsor you.
- Be sponsored by your prospective spouse/fiancé.
- Both be over the age of 18.
- Have met your sponsor in person since turning 18, and know each other personally.
- Intend to marry your spouse within the visa period.
- Demonstrate that you intend to live together as a married couple.
Your sponsor (your spouse/fiancé) must lodge a sponsorship application to ensure they are eligible to sponsor you. Information required for the sponsorship application includes:
- Their age.
- If they have a criminal record.
- Any past sponsorship of a partner/fiance.
- Their own visa history.
The visa applicant must also meet Australia’s health and character criteria.
Get your visa application underway now by talking with us.
Bamyan Lawyers. Your immigration peace of mind.