fbpx

BOOK A CONSULTATION

Partner Visa
Partner visas or de facto visas as they are often referred to are visas which allow spouses or de facto partners of Australian permanent residents, citizens or Eligible New Zealand citizens to live permanently in Australia with their partner.
Partner visas are available for both heterosexual and same sex couples.
Partner visas are granted in two stages:
  1. The first stage is a provisional partner visa (subclass 820 for onshore applications and subclass 309 for offshore applications).
  2. After a qualifying period on the provisional partner visa, provisional partner visa holders are assessed against the criteria for the permanent partner visa. The subclass 801 visa is the second (permanent) part of the subclass 820 visa, and the subclass 100 visa is the second (permanent) part of the subclass 309 visa.
Partner Visa Types

Partner Visa Types

Provisional Partner Visas

Subclass 820 Onshore Provisional Partner Visa 

Subclass 309 Offshore Provisional Partner Visa 

There are two provisional partner visas, the subclass 820 visa for applicants who apply for the visa while they are living in Australia and the subclass 309 visa, for applicants who apply for the visa while they are living outside Australia.

Both the subclass 820 provisional partner and subclass 309 provisional partner visas are provisional visas which are granted for an indefinite period (until superseded by the permanent partner visa) and are conditional on the applicant living in a de facto relationship with their de facto partner or spouse.

 

Permanent Partner Visas

Subclass 801 Onshore Permanent Partner Visa 

Subclass 100 Offshore Permanent Partner Visa 

Around 24 months after applying for a temporary partner visa, applicants are assessed by the department of immigration against the criteria for the permanent partner visa.

To qualify for the permanent partner visa, two years after applying for the provisional partner visa, applicants must be able to prove they are still living in a de facto relationship with their partner. Holders of subclass 820 provisional partner visas are granted a subclass 801 permanent partner visa if the department is satisfied they are still living in a de facto relationship with their partner and similarly holders of a subclass 309 provisional partner visa are granted a subclass 100 permanent partner visa.

Once a permanent partner visa subclass 801 or subclass 309 is granted the applicant’s Australian residency becomes unconditional and the visa holder has the right to live indefinitely in Australia whether or not they remain in a de facto relationship with their partner.

CONTACT US
Partner Visas
What is the criteria for a provisional partner visa?

What is the criteria for a provisional partner visa?

Applicants are required to satisfy different criteria to qualify for a provisional partner visa depending on whether they are married to their partner or are living in a de facto relationship with their partner.

Married applicants 

  • Your marriage must be valid and legal under Australian law. Underage, polygamous and same-sex marriages are not legal in Australia.
  • The marriage must be genuine and ongoing.
  • You must also be older than 18 years of age and not be closely related to your partner.

De facto applicants 

  • Usually de facto relationships must have existed for at least 12 months immediately before an applicant applies for a provisional partner visa (subclass 820 onshore or subclass 309 offshore).
  • Time spent dating does not count towards a de facto relationship.
  • You can be granted a visa without having been in a de facto relationship for 12 months if:-
    • You can demonstrate compelling and compassionate circumstances, such as having dependent children, or
    • your de facto relationship has been registered in Australia (this is not available in all states and territories and the requirements vary from state to state)
  • You must be older than 18 years of age and not be closely related to your partner.

How long will a subclass 820 onshore provisional partner visa or a subclass 309 offshore provisional partner visa last? 

Your provisional partner visa is valid until:

  • A decision is made on your permanent partner visa application 
  • You are granted another type of visa 
  • Your provisional partner visa is cancelled 
  • You withdraw your application for a permanent partner visa

Need help with a Partner Visa? Let AHWC Immigration Law’s Partner Visa team help you.

We have a team of migration agents and immigration lawyers ready to assist you wherever you are located in Australia. We can assist you in Sydney or Melbourne, Perth or Brisbane or anywhere else Australia-wide.

Book a consultation with one of our expert Migration Agents today!

BOOK A CONSULTATION
When will I be eligible for a permanent partner visa?

When will I be eligible for a permanent partner visa?

You will be eligible 24 months from the date you lodge your combined provisional and permanent partner visa application you can apply to get your permanent partner visa. In some instances the Department of Home Affairs (DHA) will contact you and request you to apply  to have your permanent partner visa granted.

You must demonstrate that you are still living with your partner in a genuine and continuing relationship.

If the relationship has broken down before the permanent visa is granted you are obliged to notify the DHA of the breakdown and the DHA will provide you with the opportunity to make alternative visa arrangements. Before notifying the DHA, you should seek further advice on your visa options from a migration agent or immigration lawyer.

In certain circumstances you may still be granted a permanent partner visa:-

  • If there are Australian citizen children from the relationship or
  • There is clear evidence of domestic violence towards you by your partner.

What conditions are attached to a subclass 801 or a subclass 100 permanent partner visa? 

There are no conditions attached to either of the subclass 801 or the subclass 100 permanent partner visas.

Even if the relationship breaks down at a later date the visa cannot be cancelled.  The visa holder can apply for Australian citizenship when they meet the citizenship criteria.

Need AHWC Immigration Law to handle your partner visa application? 

Talk to one of AHWC Immigration Law’s migration agents or immigration lawyers about your partner visa application now. Partner visa applications are covered by our No Visa, No Fee Guarantee (conditions apply). We are waiting to hear from you. Book a consultation online now! 

LEARN MORE ABOUT US
Do you cover all partner visa types?
Do you offer a money-back guarantee with your services?
Do I have to register my relationship for partner visa purposes?
Do I have enough evidence for my partner visa application?
How do I know what to write in my personal statement?
If I use your services, do I still need to liaise with the Department of Home Affairs?
Why should I use AHWC Immigration Law?