Family Visa- Partner - E-HELP CONSULTANCY AND MIGRATION SERVICES
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Family Visa-Partner

A partner visa is structured to allow the partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to live together in the country. This also includes same-sex couples. To apply for a partner visa under any stream, the following visa pre-requirements needs to be met-

  • The applicant and their Australian spouse/ partner should have a commitment to a shared life as husband and wife, whether they are legally married, to the exclusion of all others.
  • The relationship must be genuine and continuing.
  • The applicant and their Australian partner/ spouse live together or do not live separately and apart on a permanent basis.
  • Unless legally married, the applicant and their Australian partner must have been in a relationship for the last 12 months, which usually involves demonstrating that you have lived together during this period
  • Generally, both the candidate and their Australian partner need to be aged 18 or over.

For partner visa processing, de-facto partners are-

  • Not married to each other.
  • Committed to a shared life with each other (to the exclusion of all others).
  • Not related by family.
  • Living together or do not live or intend to live separately and apart permanently.

The Australian visa system has devised different types of partner and spouse visas. One can apply for a visa based on their requirement and the specified criteria that they fulfil. So for those who are willing to sponsor their partners to Australia, there are different types of partner visas they can choose from

The partner visa can be applied in stages. Stage 1 is where an applicant applies for a Temporary Partner visa, and stage 2 is when they fulfil the requisite set of norms and apply for a Permanent Partner Visa. Both the partner visas allow work, study, and healthcare benefits.

An applicant for a partner visa is required to go through stages for obtaining a partner visa in Australia, wherein first, an applicant applies for a provisional partner visa through subclass 309 for offshore and subclass 820 for onshore applicants. Once the requirements of a provisional partner visa are fulfilled, and the applicant satisfies the minimum stay period in the country, their application is assessed again for fulfilling the requirements of a permanent partner visa, which is further grouped into two categories: subclass 100 visa for the subclass 309 visa holder and subclass 801 visa for those holding subclass 820 visa.

Subclass 100- Partner (Migrant) Visa- This visa is for spouse/de- facto partner or prospective partner of citizens/permanent residents of Australia. It is also applicable to qualified citizens of New Zealand who are permanently residing in Australia. If one has an offshore partner visa, which is temporary, they can apply for a permanent partner visa in Australia under subclass 100. Hence, subclass 100 is a permanent partner visa, which marks the final stage for those who are applying under the offshore application program. In the case of a de-facto relationship –A de-facto relationship does not have any legal documents in support of it. However, adequate evidence (documented and non-documented) is of utmost necessity to support the processing of the visa application form successfully.

Subclass 300- Prospective Marriage Visa– Subclass 300 is popularly known as a prospective marriage visa (Australia).

This visa category is shaped to allow an individual to come to the country to marry their future partner (Australian citizen, permanent resident, or eligible New Zealand citizen). Subclass 300 visa is an offshore visa that lets you stay in-country for up to nine months. If you wish to remain in the country with your spouse, you must apply for another category of partner visa before your prospective marriage visa (Australia) expires.

Subclass 309- Partner (Provisional) Visa- The subclass 309 is a temporary visa that allows the de-facto partners or spouse of an eligible Australian citizen, permanent resident, or New Zealand citizens to live in the country. Subclass 309 visa category is structured to grant temporary stay in Australia, while the subclass 100 permanent partner (migrant) visa is processed. Hence, securing a subclass 309 partner (provisional) visa marks the first step towards permanent access (as a partner) to the country. The applicant for the subclass 309 partners provisional visa must also ensure that they have not been rejected or refused by the Department for any visa application before.

Subclass 801- Partner Visa- The subclass 801 visa is designed for those who intend to stay in the country indefinitely with their partners. A permanent visa holder enjoys almost all the rights and benefits available to a citizen in the country (with certain exceptions). This visa category is structured for those who wish to permanently come to the country as a spouse or de-facto partner of an eligible Australian citizen, Australian permanent resident, or (eligible) New Zealand citizens. The candidates for this visa stream must have a sponsor to undertake the financial obligation for their stay in the country. The sponsor should be an Australian citizen, permanent resident, or an eligible New Zealand citizen.

Subclass 820- Partner Visa- Subclass 820 visa is also termed as Temporary Partner visa (Australia). This visa category is designed to allow the de facto partner or spouse of an eligible Australian citizen or permanent resident or New Zealand citizen to join them in the country. The relationship for the visa must be genuine and consensual. Subclass 820 marks the primary stage of a partner visa and enables you to apply for a permanent visa in future subclass 801 (if eligible). As this is an onshore visa category; hence, the applicant for the subclass 820 partner visa stream must be in the country while submitting the application form.

If you are confused about whether you can apply for a subclass 820 visa, please do not hesitate to call our partner visa migration agents for personal profile counselling and positive visa decision. E-help helps you in completing your application quickly and accurately, provides 24/7 email support, and a visa consultant/ immigration agent especially dedicated to your application processing. Through our immigration consultants/visa agents, you will receive complete support to start your Australia Immigration and apply for an Australian partner visa immediately. We, at E-help, understand the value of living with your partners.

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Family visa processing in Australia is a time-consuming and complex task as the numbers for such visa applications are huge in number. To ensure quick processing and to lessen the processing time for the visa application, the candidate should ensure to fill in the visa application form accurately and attach all the required documentary evidence in support of it. Fulfilling the conditions laid out for each of these is important to enable a smooth transition to the next step without having to go back and reassess specific requirements. Our migration agency in Brisbane can support you throughout your application process and work to help you achieve your dream of living in Australia. Avoid the heartache of having to reapply by contacting our Partner Visa consultants in Brisbane to book an appointment (Contact us) or phone us on 1300 92 33 22 to talk to one of our helpful partner visa consultants.

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