Partner (Spouse/Marriage)

 
wedding-1745240_1920.jpg

Partner Visa: Onshore Temporary and Permanent  - In Australia

This visa allows you to enter or stay in Australia on the basis of your married or de facto relationship with your partner:

  • on a temporary visa (usually for a waiting period of approximately two years from the date you applied for the visa)

  • on a permanent visa if, after the waiting period (if applicable), your partner relationship still exists and you are still eligible for this visa.

Your partner must provide sponsorship for you, your partner must also  be either an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

You apply for both a temporary visa and a permanent visa by completing and lodging one application.

  • If you meet all the legal criteria for the grant of the visa, you may be granted a temporary Partner visa (subclass 820). This visa remains valid until a decision is made on your permanent visa, which is usually two years after you initially applied for your visa.

  • If you still meet all legal requirements when your application is considered after the waiting period, you may be granted a permanent Partner visa (subclass 801).

However, you may be granted a permanent visa without having to wait if you can demonstrate one of the following:

  • at the time you apply for the visa, you have been in a married or de facto relationship with your partner for three years or more

  • at the time you apply, you have been in a married or de facto relationship with your partner for two years or more, and there is a dependent child of your relationship

  • your partner 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.

Note: Generally, you should be living with your partner in a married or de facto relationship at the time you apply.

 

Partner Visa: Offshore Temporary and Permanent  - Outside Australia

This visa allows you to enter or stay in Australia on the basis of your married or de facto relationship with your partner:

  • on a temporary visa (usually for a waiting period of approximately two years from the date you applied for the visa)

  • on a permanent visa if, after the waiting period (if applicable), your partner relationship still exists and you are still eligible for this visa.

Your partner must provide sponsorship for you, your partner must also  be either an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

You apply for both a temporary visa and a permanent visa by completing and lodging one application.

  • If you meet all the criteria for the grant of the visa, you may be granted a temporary Partner visa (subclass 309). This visa remains valid until a decision is made on your permanent visa, which is usually two years after you initially applied for your visa.

  • If you still meet all requirements when your application is considered after the waiting period, you may be granted a permanent Partner visa (subclass 100).

However, you may be granted a permanent visa without having to wait if you can demonstrate one of the following:

  • at the time you apply for the visa, you have been in a married or de facto relationship with your partner for three years or more

  • at the time you apply, you have been in a married or de facto relationship with your partner for two years or more, and there is a dependent child of your relationship

  • your partner 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.

Note: Generally, you should be living with your partner in a married or de facto relationship at the time you apply.