Importance of Partner Migration

The Partner Visa is intended to keep couples together. The Department of Immigration and Border Protection recognises the importance of keeping families together, including couples that intend to start their families in Australia. Because of this, partner migration is taken seriously by the DIBP.

 

Who are eligible to apply for the Partner Visa Australia?

  • Married Partners
  • Engaged Partners
  • De facto Partners

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Married Partners

Married partners are defined as “spouses”; they must have a marriage that is legally valid in Australia, have a mutual commitment to a shared life to the exclusion of all others, have a genuine and continuing relationship, and are already living together. Considerable documentation is required with the application, and often couples are asked to attend an interview with DIBP.

Engaged Partners

If a couple is engaged to be married, then a sincere commitment to get married and to live in Australia must be proved. Considerable documentation is required with the application, and often couples are asked to attend an interview with DIBP.

De facto Partners

De facto partners have a mutual commitment to a shared life to the exclusion of all others, have a genuine and continuing relationship, and are already living together, and are not related by family. The relationship must have existed for at least 12 months immediately preceding the date of the visa application. Considerable documentation is required with the application, and often couples are asked to attend an interview with DIBP.

Which type of Partner Visa is right for you?

 

Temporary Partner Visa (Subclass 820) and Permanent Visa (subclass 801)

These types of visas are for applicants who are in Australia; and are a spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

  • If in a married relationship, your marriage must be valid under Australian law, meaning you must have parental permission if you’re 16 or 17 years of age.
  • If in a de facto relationship, you must have been together for at least 12 months.
  • The temporary 820 visa allows you stay in Australia until a decision is made on your permanent Partner visa (subclass 801) application.
  • The permanent 801 visa allows you to stay in Australia permanently.

 

Partner (Provisional) Visa (Subclass 309) and Permanent Visa (Subclass 100)

These types of visas are applicants who are from outside Australia; are a spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen; and intend to marry before a decision is made on their Partner visa application.

  • If in a married relationship, your marriage must be valid under Australian law, meaning you must have parental permission if you’re 16 or 17 years of age.
  • If in a de facto relationship, you must have been together for at least 12 months.
  • The temporary 309 visa allows you stay in Australia until a decision is made on your permanent Partner visa (subclass 801) application.
  • The permanent 100 visa allows you to stay in Australia permanently.

 

Prospective Marriage Visa (Subclass 300)

This type of visa is for applicants who are outside Australia; and intend to travel to Australia and marry an Australian citizen, Australian permanent resident or eligible New Zealand citizen after you are granted a visa.

  • If you are granted this visa, you should marry your prospective spouse and apply for a Partner (subclasses 820 and 801) visa before your Prospective Marriage visa (subclass 300) expires.
  • You must be at least 18 years of age to be eligible to apply for this visa.
  • You can only stay in Australia up to nine months maximum with the Prospective Marriage Visa.

Partner Visa Requirements

Here are the documentary requirements for applicants of the Temporary Partner Visa (Subclass 820), Permanent Visa (subclass 801), Partner (Provisional) Visa (Subclass 309), and Permanent Visa (Subclass 100):

 

  • Two copies of Form 888 (downloadable via the Home Affairs website)
  • Proof that the relationship is genuine and continuing (such as but not limited to: statements about the relationship, documents showing joint ownership of property, documents showing proof of declared relationship to government bodies or public institutions, letters and phone bills showing extensive contact when apart)
  • If married, legally binding marriage certificate that is also valid and acknowledged in Australia
  • If in a de facto relationship, documentation that proves said relationship
  • If previously married, documents about previous relationships (such as but not limited to divorce papers, separation papers, and death certificates of former spouse/s) from either or both partners
  • Health documents (to be provided by your doctor)
  • Completed Form 80 (downloadable via the Home Affairs website)
  • Police certificates from originating country, Australian Federal Police (if already in Australia for more than 12 months), and any other country where the applicant has spent at least 12 months within the past 10 years or after turning 16 years of age
  • If the applicant has served in the armed forces of any country, their military service records or discharge papers

Permanent Residence

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Need help with your partner visa?

Book a consultation with Byron Bay Migration Agency to get expert advice. 

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