Partner & Spouse Visas
Are you in a relationship with an Australian citizen, permanent resident or an eligible New Zealander?
Is that person willing to sponsor you as their partner?
Can you also meet the health and character criteria?
The types of partner visas you may be eligible for
Visa (Subclass 820 or 309)
This visa is granted first, after the immigration department is satisfied that your relationship is genuine. You must either be married or, if not, then have been in a de facto relationship for at least 12 months. You will apply for the Subclass 820 visa if you are in Australia at the time of application. If you are outside of Australia, you will need to apply for the Subclass 309 visa.
This visa applies to you if you are engaged to be married to your sponsor. Once you are granted this visa, it is a condition that you marry your sponsor within 9 months. Once you are married, you are eligible to apply for a Partner (subclasses 820 and 801) - and you must do so before your subclass 300 visa expires.
Permanent Partner Visa (Subclasses 801) & Permanent Partner (Migrant) Visa
This is the second stage of the partner visa process. Depending on your personal circumstances, you may need to lodge further application forms and evidence to obtain the permanent partner visa. But if your relationship is long-term (at least 3 years’ duration) before you lodge your partner visa application, then you may be granted the permanent visa immediately.
Each different type of partner visa has different eligibility requirements.
- You must be the spouse (married), de facto partner or fiancé of an Australian citizen, Australian permanent resident or eligible New Zealand resident.
- You must have a sponsor, who will be your partner or prospective spouse.
- Meet the health requirement.
- Meet the character requirement. (Your sponsor must also pass a character test.)
- Must be 18 years old or older when applying for any of these visas.
- Have repaid or arranged to repay and outstanding debts to the Australian government.
- Meet the individual eligibility requirements for each individual visa.
Partner Visa Application Process
Permanent Partner Visa (Subclasses 801 & 100)
Obtaining a permanent Partner visa (subclass 801) is a two stage process. To be eligible, you must first be granted a temporary partner visa.
You apply for both the permanent and temporary visas at the same time and pay only one fee. If you are granted the temporary visa, you are eligible to be assessed for the permanent Partner visa about two years after you lodged your application.
You will need to provide further documents for this assessment.
If you have been in a long term relationship before you lodge your application, the permanent visa may be granted immediately after the temporary visa.
It is not enough to simply state that you are married or have been in a de facto relationship for 12 months or more. There are substantial requirements as to the proof of the relationship, and we can advise you how to meet these requirements.
There are some sponsorship limitations if you have previously sponsored partners, been granted a contributory parent visa or have criminal convictions.
There are lengthy waiting periods for partner visa applications.
Why Putt Legal?
Putt Legal are your specialists in Immigration Law. We can assist you in making your migration to Australia seamless. The Australian visa process can be complex and confusing, our lawyers work with you to guide you through every step of the way. We are highly qualified and experienced in immigration law matters and are committed to providing expert advice in every individual case.