The Australian Partner visa is a popular pathway for the spouse or partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia permanently. The Partner visa provides full work rights, study and travel rights, as well as access to Medicare, the Australian national health care system.
The Partner Visa: What It Is and How It Works
The Australian Partner visa program is specifically designed for partners wanting to live together in Australia. It is a combined application for the 2-year provisional visa subclass 309/820 and the permanent visa subclass 100/801. You lodge only one application for your temporary and permanent visas and pay one application charge.
You apply for both the temporary visa (Subclass 820 or 309) and the permanent visa (Subclass 801 or 100) at the same time.
If you apply inside Australia, you apply for the temporary Partner (Subclass 820) visa and the permanent Partner (Subclass 801) visa.
If you apply outside Australia, you apply for the temporary Partner (Subclass 309) visa and the permanent Partner (Subclass 100) visa .
You can be in or outside Australia when the permanent Partner visa is granted.
Long-term partners can be granted the Partner permanent visa without having to wait for 2 years. In such a situation, the Partner permanent visa subclass 801/100 can be granted immediately after the Partner provisional visa is granted.
Processing times vary and depend heavily on the quality and completeness of your application.
What Are The Key Rules For Eligibility?
- Married to an Australian citizen, permanent resident or eligible New Zealand citizen partner; or
- Have been and continue to be in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen partner for at least 12 months immediately before applying for the visa, unless the exemption applies; and
- Meet the standard health and character requirements.
This visa requires sponsorship from your Australian partner, who must meet the sponsorship and character requirements. Sponsorship limitations may apply to some Partner visas and Prospective Marriage visas. However, if there are compelling and compassionate circumstances, these may be waived.
You must prove that your relationship is genuine and ongoing, and that you are committed to a shared life to the exclusion of all others. This can be proven by providing various evidence of joint finances, relationship statements, and documents showing the nature of your household, including your living arrangements, long-term commitments, as well as statements showing public recognition. Expert legal help is crucial, as the level of detail required means applying for this visa is much more than filling out forms.
How Elena K Lawyers Can Assist You
The Partner Visa is comprehensive and requires a deep knowledge of Migration Law and regulations. At Elena K Lawyers, we review your situation in detail and provide tailored legal advice regarding your visa eligibility, the steps and costs involved.
We also manage your Partner Visa application from start to finish and liaise with the Department of Home Affairs on your behalf on all matters related to your visa application, including compliance.
Please contact us today for a confidential consultation and tailored advice on your Partner visa matter.
Disclaimer: The information on this website is for general guidance only and is accurate at the time of publication. Australian immigration laws and policies can change without notice. This information does not constitute legal advice. For advice tailored to your specific circumstances, please contact Elena K Lawyers today.