Migration Experts & Visa Experts
20 Aug 2020

Is your spouse/ significant other in Australia?

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Partner visas provide an excellent option for families to be together, this type of partner sponsored immigration is dependent on the applicant’s relationship with their Australian sponsor. They provide a pathway for the holder to come to Australia to reside with their Partner/ spouse.

These Visa applications mentioned below are made while the applicant remains offshore.

There are a couple of options available under this visa category.

We have listed a few of them in detail and provided you with the relevant links to the Department of Home Affairs – Australian Government website, you can do your own re-search too!

Sub Class 309 : Partner (Provisional) visa

This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia temporarily. Getting this visa is the first step towards a permanent Partner visa (subclass 100)

Sub Class 100 : Partner (Migrant) visa

The visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, live in Australia permanently. It is usually granted to people who hold a temporary Partner visa (subclass 309).

When applying for partner visas your application for a Temporary Visa and Permanent Visa can be made at the same time, on the same application form.

You will initially be granted a Temporary spouse visa if you meet all the initial criteria; this visa will remain valid till a decision is made on your permanent visa application.  A permanent visa is granted if you meet all the stipulated legal requirements and have an ongoing spousal relationship for over 2 years.

You will be granted a permanent visa without having to fulfill the two-year waiting period in these instances:

  • you have been in a spouse relationship with your partner for 5 years or more, or 2 years or more where there are dependent children of your relationship; or
  • your spouse was granted a protection visa or a permanent visa under the humanitarian program and you were in the relationship before the visa was granted and this had been declared to the department at the time.

For temporary partner visa grants, if you lodge your partner visa application while you are outside Australia, you must be outside Australia when the temporary partner visa is granted.

For permanent partner visa grants, if you lodge your partner visa application while you are outside Australia, you may be either in or outside Australia when the permanent visa is granted.

The 309/100 Visa category is open to same sex couples as well!
Australian Federal law now recognizes gay marriage and civil unions. Therefore, offshore visas are open to gay/ same sex/ LGBTQ couples.

Defacto criteria should be satisfied to lodge a successful visa application, however same sex couples who are married do not have to show 12-month defacto evidence of the relationship.

What is Defacto evidence?

Evidence of your shared life together.
Evidence such as, financial aspects, commitment to one another, shared living arrangements and social recognition of your relationship are essential criteria which should be met.

Relationship Documents

  • Certified copies of marriage or relationship registrations
  • Certified copies showing terminations of any previous relationships

When a Partner visa is granted there are many benefits to the holder, such as:

  • Apply for Australian citizenship
  • Study in Australia
  • Unrestricted work rights
  • 5-year travel rights
  • Include dependent children or family members
  • Enroll in Medicare
  • Sponsor family members to work in Australia.

Subclass 300The Australian Prospective Marriage Visa

The prospective marriage visa enable those who are engaged or planning on getting married to their partner in Australia to do so. With this visa you can travel to Australia to marry your partner and live together in Australia!  

Your marriage must take place within the visa’s nine-month validity period. After that time, you may be eligible to make a successful application for a subclass 820 or 309 Partner visa, which is a pathway to permanent residency.

Basically, Prospective Marriage Visa is step one of a three step process to a permanent partner visa application in Australia.

If you marry your partner within 9 months of being granted a marriage visa, you may then be eligible to apply for a Partner Visa in Australia.

?After your marriage, a partner visa usually involves an additional two stages:

An application for a Temporary Partner visa and later for a Permanent Partner visa. As a time saving measure both the temporary & permanent partner visas can be lodged at the same time.

You may be eligible to apply for a Prospective Marriage visa if you can satisfy the following:

  • Applicant must be over 18 years of age
  • You both have met in person since each of you turned 18, and know each other personally
  • You and your partner genuinely intend to marry within 9 months of the grant of the visa 
  • You and your partner genuinely intend to live together as spouses after your marriage
  • You meet health and character requirements.

The sponsor must be over 18 years of age. To be eligible the sponsor must also meet one of the following criteria:

• An Australian Citizen

• An Australian Permanent Resident

• An eligible New Zealand Citizen

In addition to being able to travel to Australia to marry your fiancé you will also be granted unrestricted work rights, ability to Study in Australia; Travel abroad as often as you like and make a successful application for a partner visa.

What’s more? This applies to same sex/ gay/ LGBTQ couples too!

Travel Restrictions:

Travel restrictions imposed due to COVID 19 don’t apply to this type of Visa.

However here are a couple of things you might like to know:  

All travelers arriving in Australia must undertake a mandatory 14-day quarantine at designated facilities (for example, a hotel), in their port of arrival.

You may need to provide information to the Department before travelling to Australia.

You are only considered to be an immediate family member if you are:

  • ?a spouse
  • a de facto partner
  • a dependent child/ren
  • a legal guardian

If you hold a Partner (100, 309, 801,820) or Child (101, 102, 445) visa, you can come to Australia. You do not need to request an exemption.

Lets get in touch and work on your Partner / Spouse Visa to Australia! We are here to help. Always!

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