Applying for the spouse or partner visa can be a long and gruelling process and as the stakes are high, you want to make sure that you do everything right in the application process. The processing times are quite long and you want to be able to live with your partner as soon as possible so having a checklist or guide to help you begin the process is exactly what this blog is about to give you. Once you feel confident, you can begin collecting the required documents.
Overview of the Partner Visa in Australia
Keep in mind that couples are assessed before qualifying for the de facto partner (you should have been in a relationship for at least 12 months at the time of application) visas in order to see that the relationship or marriage is genuine or not. There are three kinds of partner visas, let’s see the differences between Partner Visa subclasses:
- Partner Visa Onshore (Subclass 820/801): These visas are mentioned together as they imply a two-step process- which means that the 820 visa is the temporary partner visa 820 that leads to the permanent 801 visa, which allows you to live in Australia permanently, after 2 years as it completes your assessment as a couple. This waiting period can get waived if you can prove that
- Your relationship has been longer than 3 years
- You have a child together
- Your partner was given a protection visa by a humanitarian group
Once your partner has this temporary visa, they can work, stay, study and apply for Medicare in Australia. They can also attend the free English language classes provided by Adult Migrant English Program (this is also applicable in subclass 309)
- Partner Visa Offshore (Subclasses 309 and 100): This is called the offshore visa because the partner has to be outside Australia when application is lodged by you. The subclass 100 is the permanent visa your partner receives after 2 years of lodging the subclass 309 visa. This waiting period is to confirm whether the relationship is still intact or not
- Prospective Marriage Visa (Subclass 300): This visa allows your offshore partner to work, study and travel (to and from Australia) for 9 to 15 months. If you are planning to get married, you will have to get married (inside or outside Australia) and apply for the Partner visa (820/801) before this one expires.
Eligibility Criteria for the Partner Visa
To be eligible for a partner visa, you must:
- Not have any cancelled visa in your record
- Must have a sponsor (either the partner or someone who will be approved)
- Be 18 years or older
- Your partner must be an Australian citizen, Australian permanent resident or
eligible New Zealand citizen
- Meet relationship requirements
- Meet health and character requirements
- Not have any debts due with the Australian government
Additional eligibility criterias are as follows:
For subclass 820/801:
- You must be residing inside Australia
- For 801, you must be in a continuing relationship or have a dependent child at the time of lodging the application
For subclass 309 and 100:
- You must be residing outside Australia for this visa
- For the permanent subclass 100 visa, you must be in a continuing relationship, be married, living together or have a dependent child at the time of lodging the application
Application Process and Required Documents
It is advised that you discuss things with a migration officer or legal practitioner before lodging the application so that you know exactly which visa to apply for. Generally, you will need the following documents for a partner visa:
- Identity documents (birth certificate, family certificate, marriage or divorce papers in case of change of name, passport copies)
- Character documents from police authorities
- Evidence of current and previous relationship and dependent(s) (like bank loans or leases signed together, having joint bank accounts, marriage certificate, signed witness form 888 partner visa, etc.)
You can apply online with your Immi Account and the visa application will be processed after you pay the complete charges. Send the TRN number (transaction reference number) to your sponsor who will need it to apply for the sponsorship. You will be asked for health checks and biometrics after the application is received so it is better to keep them ready. Also, keep the Immigration Office informed if your relationship terminates or if you made any mistakes in the application. Partner visa processing time can be anywhere between 6 months or 38 months.
Points-Based Assessment and Financial Requirements
Partner visas are not competitive visas so they are not based on the points system. The visa is simply granted on the basis of how genuine the relationship is and whether it is still continuing. If you are still confused, you can book a visa consultation session with us.
The financial requirements for the visa would be the visa fees which you can explore on the official website of the Australian Immigration Office. The subclass 300 is the least costly option. You will also have to sign the sponsorship document. Sponsorship for the Partner Visa Australia can be done by your partner or by someone else who will later be approved by the Immigration Office.
