Australia is a country where everyone wants to live for a better future. Someone wants to join with their spouse or some with their partner when you plan to go there, you must understand the distinctions between the partner visa subclass, their eligibility criteria, and post-visa conditions. In this blog, we’ll guide you to navigate the process effectively.
Types of Partner Visas in Australia
Australia offers several partner visa subclasses designed for individuals who are married or in a de facto relationship with an Australian citizen or permanent resident or an eligible New Zealand citizen.
- Temporary Partner Visa (Subclass 820):
- The Subclass 820 is a temporary visa, serving as a pathway to the permanent Subclass 801 visa.
- Applicants must be in Australia at the time of application and visa grant.
- Permanent Partner Visa (Subclass 801):
- This is granted after meeting specific conditions following the Subclass 820 visa.
- Allows the holder to stay permanently in Australia.
- Provisional Partner Visa (Subclass 309):
- The Subclass 309 is the temporary counterpart of the permanent Subclass 100 visa.
- Applicants must be outside Australia when applying for and when granted the Subclass 309 visa.
- Permanent Partner Visa (Subclass 100):
- Granted after fulfilling the conditions of Subclass 309.
- Enables the applicant to live permanently in Australia.
- Prospective Marriage Visa (Subclass 300):
- Designed for fiancés of Australian citizens or residents.
- Allows the holder to enter Australia, marry their sponsor, and then apply for a partner visa.
- De Facto Partner Visas: What is De Facto Partner/Relationship?
A de facto relationship refers to a genuine and committed relationship between two people who are not legally married but live together as a couple. De facto relationships can apply under subclasses such as 820/801 (onshore) or 309/100 (offshore), depending on whether the applicant is in Australia or abroad.
- De facto partners can apply under Subclass 820/801 (onshore) or Subclass 309/100 (offshore) based on their circumstances.
- Requires proof of a genuine and continuing relationship and typically 12 months of cohabitation unless exempt.
- Evidence to demonstrate a de facto relationship may include:
- Joint financial commitments such as shared bank accounts, loans, or utility bills.
- Evidence of cohabitation, including rental agreements or shared property ownership.
- Statements from friends and family confirming the relationship.
- Photos, travel documents, or other proof of shared social activities.
Eligibility Criteria for Partner Visas
To qualify for a partner visa, applicants and sponsors must meet specific requirements:
- Relationship Criteria:
- Married Applicants:
- Must provide evidence of a genuine and continuing marriage.
- The marriage must be recognized under Australian law.
- De Facto Relationships:
- Requires proof of living together for at least 12 months before applying (unless exempt).
- Evidence includes shared finances, cohabitation, and joint social activities.
- Exceptions to the 12-month cohabitation requirement may apply if you can demonstrate compelling circumstances, such as having a child together or registering the relationship under an Australian state or territory law.
- Married Applicants:
- Sponsorship Requirements:
- The sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Sponsors may have limitations if they have previously sponsored another partner or been sponsored themselves.
- Health and Character Requirements:
- Applicants must undergo health examinations to meet Australian health standards.
- Both applicants and sponsors may need to provide police clearance certificates.
- Financial and Evidence Requirements:
- Provide documentation such as joint bank statements, lease agreements, and photos to prove the authenticity of the relationship.
Steps in the Application Process
- Prepare Documentation: Collect evidence to substantiate your relationship and meet health and character requirements.
- Submit Application: Lodge the application online via the Department of Home Affairs website.
- Temporary Visa Grant: After initial processing, a temporary visa (Subclass 820 or 309) is granted.
- Permanent Visa Eligibility: Applicants are eligible for the permanent visa (Subclass 801 or 100) approximately two years after the initial application.
Post-Visa Conditions
Once granted, partner visas come with specific rights and responsibilities:
- Rights:
- Temporary Visa Holders: Can live, work, and study in Australia and access Medicare (Australia’s public health system).
- Permanent Visa Holders: Enjoy full residency rights, including the ability to apply for Australian citizenship.
- Obligations:
- Maintain a genuine relationship with the sponsor.
- Notify the Department of Home Affairs of any significant changes, such as relationship status or contact details.
- Monitoring Period:
- The Department may review the relationship during the provisional period to ensure it remains genuine.
- Conditions for Sponsors:
- Sponsors are obligated to provide financial support for the applicant during their initial stay.
- Limitations may apply if the sponsor has a criminal history or has sponsored multiple partners in the past.
Conclusion
Navigating the partner visa process can seem daunting, but with thorough preparation and a clear understanding of requirements, it becomes manageable. Ensure that you meet all criteria, gather substantial evidence, and follow through with post-visa obligations to make your journey to Australia seamless.
