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Spouses and de facto partners of Australian citizens, permanent residents or eligible New Zealand residents may be eligible for one of Australia’s Partner visas.

Read our general information and document checklists in relation to these visa categories below. Contact us directly for specific advice.
Background

Australia’s Partner visas are temporary and permanent visas which allow spouses or de facto partners of Australian citizens, permanent residents, and eligible New Zealand citizens to obtain visas in Australia. Partner visas also allow the holder to access medicare and work in Australia. In some cases, simply lodging a Partner visa can provide the same effects.

What can we do for you?

With extensive experience leading the Australian Private Client Practice of the world’s largest immigration law firm, our staff are well placed to assist with all issues relating to Partner visas, including: sponsorship limitations, de facto relationships, relationship breakdowns and merits review regarding genuine relationships.

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What are the visa types?

Australia’s Partner visas consist of a series of onshore and offshore visas which can lead to temporary and permanent residence:

  • Prospective Marriage (Subclass 300) (offshore) visa;
  • Partner (Subclass 820/801) (onshore) visa;
  • Partner (Subclass 309/100)(offshore) visa.

What are the requirements regarding your relationship?

If your application is based on marriage:

  1. you must be legally married to an Australian citizen, permanent resident or eligible New Zealand citizen.

If your application is based on a de facto relationship:

  1. you have been in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen for at least 12 months prior to lodging your application (or you are in a registered de facto relationship); and
  2. you and your partner must both be at least 18 years od, and must not be closely related.

In all cases:

  1. you and your spouse/partner must be in a mutually exclusive relationship;
  2. that relationship must be genuine and continuing; and
  3. you and your spouse/partner must either live together, or live apart on a temporary basis only.

What are the requirements for the sponsor?

Your sponsor must:

  1. be an Australian citizen, permanent resident or eligible New Zealand citizen;
  2. not have previously sponsored more than one other fiance, partner or spouse for migration to Australia, and not have been sponsored a fiance, spouse or partner for migration to Australia within the last 5 years (unless there are compelling circumstances);
  3. 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);
  4. provide police clearance certificates to the Department for each country in which he/she has lived for at least 12 months during the last 10 years and consent to the Department disclosing any conviction for a “relevant offence” to you and any family members included in your application.

What are the documents required?

The standard document checklist for a Partner visa is as follows:

  1. passport copy for each Applicant;
  2. two recent passport photographs for each Applicant;
  3. birth certificates for all children included in the application;
  4. if married, a marriage certificate;
  5. if in a de facto relationship, evidence that you have been in a relationship (social, financial, cohabitation);
  6. if the Sponsor or Applicant has previously been married, evidence of the divorce;
  7. police clearances from any country that the Applicant has lived in for more than 12 months since turning 16 years old; and
  8. if served in military, discharge papers.

The key component of the application is proving that the relationship is genuine and continuing. Please refer to our more detailed document checklists for the sponsor (here) and visa applicant (here). Speak to our team to determine which documents are key in your circumstances.

What are the lodgement fees?

Our professional fees for advice and assistance with the lodgement of an application is detailed here.

To see the Department’s most recent visa application charges, please refer to the following link.

What are the conditions once granted?

The Partner visas are usually granted with the following conditions:

  • first entry must be made by a particular date (for offshore visas);
  • the holder must not marry or enter into a de facto relationship prior to entering Australia (for prospective marriage); and
  • the holder must enter into the marriage within the visa grant (for prospective marriage).

In addition, it should be noted that a break down in a relationship whilst holding a temporary Partner visa would usually cause the partner visas to be cancelled. Speak to our team as soon as possible if this situation applies to you.

Consultation & Assessment

Engagement & Document Request

Document Checklist

Application Drafted

Application Lodged

Visa Granted

We offer a simple step by step process to prepare and lodge your application. Following our initial consultation you will have a complete advice setting out a tailored fee schedule, procedure, and timeline.

We have strict service deliverables between each stage to ensure that you can have complete control over your schedule.

Speak to our team directly to determine the timeline for an individual in your circumstances.

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