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Partner Migration (820/801,309/100,300)

Partner Migration (820/801,309/100,300)

Partner Migration (820/801,309/100,300)

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Type Selection

PARTNER VISA
(onshore 820 & 801 )

Important update: English Test for Permanent Stage of Partner Visas & Partner visa changes ahead- 2021 

The new changes to Sponsored family visa’s, will be implemented for Partner visas by the end of 2021. The changes mean that Sponsorships must be lodged first and approved before Partner visas can be lodged. This change will adversely impact onshore Partner visa applicants wanting to lodge a visa application prior to their substantive visa expiring. The sponsorship application will be assessed separately and will need to be approved before a valid Partner visa application can be lodged. 

 If you are planning to apply for a Partner visa we recommend booking an appointment to discuss and understand how these changes may impact you. Features of 820/801 partner visa – Temporary to permanent residency in Australia The Partner visas (subclasses 820 and 801) allow the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia. The temporary Partner visa (subclass 820) is granted first and lets you stay in Australia, after 24 months you may be eligible for a permanent Partner visa (subclass 801).

Eligibility

You must be married or in a de facto relationship with:

 an Australian citizen 

an Australian permanent resident 

an eligible New Zealand citizen.

You could be granted an 820/801 visa if:

Your marriage must be valid under Australian law. This means you must have parental permission if you are 16 or 17 years of age. 

You must have been in a de facto relationship for at least 12 months. 

If you’re inside Australia at the time of application. 

You already hold another visa type, e.g. student visa, visitor visa or working holiday visa. You do not have an “8503 – No further stay” condition. 

Meet health and character requirements. To apply for a partner visa on de facto grounds you, you would generally need to show you have lived with your partner for 12 months. The 12-month cohabitation requirement also applies when including a spouse for the following types of visa: 

Permanent visas 

Business Skills (Provisional) 

Student visas

 Partner visas

 General Skilled Migration visas

 However, you would be exempt from the 12 month requirement if you register your relationship in an Australian state or territory. You would need to show that you are living together but not necessarily for 12 months. 

Registration provides legal recognition as a couple under the state law and as well as being beneficial for immigration purposes. Usual requirements include: 

Both partners must be 18 years old or over Must not be in a relationship as a couple with another person – in particular they must not be married, in a de facto relationship or in a registered relationship Must not be related by family. Same sex and different sex couples can register their relationship.

Long term relationship

If, at the time you apply, you have been in a long term relationship with your partner (3 years living together or have a child together and living together for 2 years), your permanent Partner visa (subclass 801) visa may be granted immediately after the temporary Partner visa (subclass 820) visa.

If your current visa is about to end

You can stay in Australia on a Bridging visa if you have already lodged your application.

Age

If you are married, usually you must be 18 or older when you apply. This is because usually, you must be 18 or older for your marriage to be valid under Australian law. 

If you are a de facto partner, you must be 18 or older when you apply.

Your relationship

You must be the spouse (married) or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen. 

You might still be eligible if your relationship breaks down after you lodge your application.

Sponsor

You must have a sponsor, who will be your partner, except if your partner is under 18 years of age.

Debts to the Australian government

You must have repaid, or have arranged to repay, any outstanding debts to the Australian government.

Cancelled or refused visas

You might not be able to apply for this visa if you have had a visa cancelled or refused while you were in Australia.

Eligibility criteria for the permanent Partner visa (subclass 801)

hold a temporary Partner visa (subclass 820) continue to be in the spouse or de facto partner relationship unless your relationship has ended and there are special circumstances have complied with all Australian laws whilst on your temporary visa.

What you can do

The temporary Partner visa (subclass 820) lets you stay in Australia until a decision is made on your permanent Partner visa (subclass 801).

PARTNER VISA
(offshore 309 & 100)

Important update: English Test for Permanent Stage of Partner Visas & Partner visa changes ahead- 2021 The new changes to Sponsored family visa’s, will be implemented for Partner visas by the end of 2021. The changes mean that Sponsorships must be lodged first and approved before Partner visas can be lodged. This change will adversely impact onshore Partner visa applicants wanting to lodge a visa application prior to their substantive visa expiring. The sponsorship application will be assessed separately and will need to be approved before a valid Partner visa application can be lodged.  If you are planning to apply for a Partner visa we recommend booking an appointment to discuss and understand how these changes may impact you. Related: Top Countries with Offshore Partner visa Grants (SC309)

Features

The Partner visas (subclasses 309 and 100) allow the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizenlive in Australia. 

The temporary Partner (Provisional) visa (subclass 309) is granted first and lets you stay in Australia while the permanent Partner (Migrant) visa (subclass 100) is processed.

Eligibility

You must be married or in a de facto relationship with:

 an Australian citizen 

an Australian permanent resident 

an eligible New Zealand citizen.

Your marriage must be valid under Australian law. 

This means you must have parental permission if you are 16 or 17 years of age. 

You must have been in a de facto relationship for at least 12 months.

Length of stay

On the temporary 309 visa, you can stay until a decision is made about your permanent Partner visa (subclass 100). 

On the permanent 100 visa, you can stay permanently.

PROSPECTIVE MARRIAGE VISA
(SUBCLASS 300)

Features

This visa allows people to come to Australia to marry their fiancé. 

If you are granted this visa, you should marry your fiancé and apply for a Partner (subclasses 820 and 801) visa before your Prospective Marriage visa (subclass 300) expires.

Eligibility

You must: 

intend to marryhave met and know your prospective spouse meet health and character requirements be at least 18 years of age

PROSPECTIVE MARRIAGE VISA REQUIREMENTS

Relationship You and your fiancé(e) must: 

be at least 18 years old, and not be closely related be free to marry one another genuinely intend to get married within nine months of the visa grant date (the marriage may take place either in Australia or overseas) have physically met, and be personally known to each other genuinely intend to live together as a married couple Sponsor Your sponsor must: be an Australian citizen, permanent resident or eligible New Zealand citizen not have previously sponsored more than one other fiancé, partner or spouse for migration to Australia, and not have sponsored a fiancé, spouse or partner for migration to Australia within the last 5 years (unless there are compelling circumstances) not have been sponsored for a Spouse, Partner or Prospective Marriage visa by someone else within the last 5 years (unless there are compelling circumstances) provide police checks to the department when requested, and consent to the department disclosing any conviction for a “relevant offence” to the applicant(s) you are sponsoring. Your sponsorship may not be approved if you have a conviction for a relevant offence and a substantial criminal history.  A relevant offence includes, but is not limited to offences involving violence, intimidation, breaching a protection order, people smuggling, human trafficking and weapons.

APPLICATION PROCESS

This application is lodged with the Department of Home Affairs (DOHA) on behalf of you and your sponsor. The main criterion is that the relationship and your sponsor meet the requirements referred to above. In addition, you must meet the standard health and character checks. 

This visa is valid for nine to 15 months and allows you to travel to Australia before being married to your fiancé(e). You must be outside Australia when you apply, but can be in or outside of Australia when your visa is being granted. The marriage must occur during the validity period of your visa i.e. within nine to 15 months of the visa grant date. It may take place either in Australia or overseas. 

Next Steps: Partner Visa

Once you have entered Australia and your marriage has taken place, you will be eligible to apply for a Partner visa. This application must be lodged before your Prospective Marriage visa expires. The main requirements for a Partner visa are that: 

you and your spouse are in a mutually exclusive relationship

 your relationship is genuine and continuing you live together as a couple, or live apart only on a temporary basis 

Provided you are able to meet the relevant criteria, you will be granted a temporary Partner visa, which is valid for a ‘stand-down period’ of approximately two years from the date of the application’s lodgement. At the end of this two-year period, you will be eligible for a permanent Partner visa, provided your relationship continues to meet the requirements referred to above.

 PLEASE NOTE: We estimate that it may take several weeks to prepare and lodge your application, with the time taken largely dependent on how promptly you (and your sponsor, if applicable) provide us with the necessary supporting information and documents. 

The time that it takes the DOHA to process your application is dependent upon its processing time service standards, and may also vary due to a number of other factors, including the complexity of your case, perceived risk factors and processing priorities. Please contact us for current information regarding likely processing timeframes for this type of application.

What you can do

This visa lets you:

 travel to and stay in Australia for up to nine months

 work in Australia study in Australia at your own expense

 travel outside Australia as many times as you want. There is important information for New Zealand citizens.

Additional family members

There is a fee for any children applying for the visa with you.

Other costs

If you need to have them, you will have to pay other costs such as those for health checks, police certificates and biometrics.

Other costsPartner visa (subclass 820 and 801)

You will also have to pay a fee for your Partner visa (subclass 820 and 801). If you marry your fiancé and lodge your Partner visa application before your Prospective Marriage visa expires, you will pay a reduced fee. If you do not lodge your Partner visa application before your Prospective Marriage visa expires, you will pay a higher fee.

Location

You must be outside Australia when you apply for the visa and in or outside when the visa is decided.

How long the visas lasts

The visa lasts 9 to 15 months from the date it is granted. It cannot be extended.

Family

You can include your dependent children or stepchildren in your application.

If you are granted the visa, your children will have the same rights and visa conditions as you.

Your obligations

You should marry your fiancé and apply for a Partner visa (subclass 820 and 801) before the Prospective Marriage visa (subclass 300) expires. 

You and your children must comply with Australian laws and your visa conditions. 

You can find your visa conditions in VEVO.

Sponsors

Sponsors must be the fiancé of the visa applicant.

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