Partner Visas And Fiancé Visas

If your spouse or partner is an Australian citizen or permanent resident, and you are planning to move to Australia to be with them, you need to know which visa you are eligible for.

There are many different subclasses to consider, such as Partner, Spouse and Fiancé Visas. Some of these visas require the application to be lodged while you are in Australia, and others require it to be lodged when you are outside Australia. If you apply for the wrong class of visa, your application will be refused as you will not meet the criteria.

Requirements for partner visas and finance visas in Australia.

Partner Visa (subclasses 820 and 801)

Applying for a partner visa is a two-stage process. If you are granted a partner visa you will obtain a permanent right to live in Australia. The partner visa application is lodged while you are in Australia.

Sponsorship application

Before a person can apply for a partner visa, the sponsoring partner must lodge a sponsorship application. This must be assessed and approved before the visa application can be lodged.

Stage one

The first stage in the application is the temporary partner visa (subclass 820). If granted, this visa allows you to reside in Australia. You must be in Australia to make an application under this visa class. 

The temporary partner visa will let you stay in Australia until the decision of your permanent partner visa is made. You can work, study, and obtain Medicare. You cannot obtain any government funding for study. Any dependent children can also be included in your application.

Stage two

After two years of having your temporary visa granted, the second part of the application will be processed. If successful, you will then be issued with a permanent partner visa (subclass 801).

In order to obtain a permanent partner visa (subclass 801) a person must also show they have made reasonable efforts to learn English. The sponsoring partner must also show they have made these efforts.

Once a permanent partner visa is granted you can then stay in Australia indefinitely, apply for an Australian citizenship, and receive social security benefits.

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Partner (Provisional) Visa (subclass 309) and Partner (Migrant) Visa (subclass 100)

You must be outside of Australia to apply for the subclass 309 or 100 partner visa. If you are a de facto partner, you must be able to prove that the partnership has existed as a genuine de facto relationship for at least 12 months.

Application Process

Applying for a partner provisional visa subclass 309 is a two-stage process.

Stage one

You will first apply for a provisional visa and if successful, your application will be further assessed after two years.

Stage two

Once you obtain your provisional visa you may enter Australia. You will have the same entitlements as those of the subclass 820 visa until your permanent visa is granted, and then the same entitlements as the subclass 801 visa.

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Prospective Marriage Visa (subclass 300) – Fiancé Visa

This visa is often referred to as the fiancé visa, as it only applies to those who intend to marry their partner within nine months of being in Australia. It is a criterion of this visa that you must apply for it while outside Australia and can only enter once it has been granted.

There is no requirement to hold the wedding in Australia. People tend to apply for a prospective marriage visa when they cannot meet the criteria for the partner visa as they have not been in a de facto relationship for long enough. You must, however, be able to prove that you have met your prospective spouse in person, as an adult, and know them personally. This requirement exists because many people subject to arranged marriages may have only met the person when they were a child, and this is not sufficient for immigration purposes. 

The ‘in person’ requirement is also important for those who have met over the internet. You must show that your prospective spouse has travelled to your country, and you have spent time together, or that you have come to Australia under a tourist visa and spent time together. 

This is only a temporary visa until you are married. You would then need to apply for a partner visa (subclass 820 and 801) to be able to continue living in Australia.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.

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