OTHER VISA TYPES
If you are married to, engaged to, or living in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen.
Subclass 100 Offshore Permanent Partner Visas
The subclass 100 Permanent Partner Visa is the pathway to Australian Permanent residence for holders of subclass 309 Temporary Partner Visas. It is a Permanent visa granted to the spouse or de facto partner of an Australian Permanent resident or citizens or an eligible New Zealand citizen who applied for a subclass 309 offshore partner visa.
The subclass 100 Permanent Partner visa is usually applied for 2 years after the subclass 309 Partner visa was applied for.
The subclass 100 Partner visa is a Permanent visa without conditions with the next step being Australian citizenship.
Temporary Skills Shortage (TSS) Visa – Adding a Secondary Applicant
Although the 457 visa was abolished in March 2018, it is still possible to add your partner as a secondary applicant if you currently hold this visa. Adding your partner to your visa lets you share your time in Australia with the one you love.
Don’t waste your time in Australia worrying about paperwork and the outcome of your visa.
JADE Visa makes the application process simple and stress free, so you can focus on enjoying your time in Australia.
Student Visa – Adding a Secondary Applicant
If your currently hold a Temporary Skills Shortage (TSS) visa it is possible to add your spouse or de facto partner to your visa as a secondary applicant.
Your spouse or de facto partner can be inside or outside Australia at the time of applying for the visa. Your spouse or de facto partner will be granted a TSS visa with unrestricted work rights, which will expire on the same date as your subclass TSS visa.
Subclass 300 Prospective Marriage Visa
The subclass 300 Prospective Marriage Visa or fiance visa as it is also known, is for people who want to come to Australia to marry their fiance.
Applicants must be outside Australia when the apply for and when the subclass 300 Prospective Marriage visa is granted.
The subclass 300 Prospective Marriage visa is a Temporary visa granted for nine months. During this period applicants are expected to marry their fiance and apply for a subclass 820 Temporary Partner visa. Provided the subclass 300 Prospective Marriage visa holder applies for a subclass 820 Temporary Partner visa before their visa expires, when their subclass 300 Prospective Marriage visa expires they are granted a Bridging visa allowing them to remain in Australia while they are subclass 820 Temporary Partner visa application is processed.
In some circumstances it is possible for a subclass 300 visa holder to apply for a subclass 820 visa without marrying their fiance.
Subclass 461 New Zealand Citizen Family Relationship Visa
The subclass 461 New Zealand Citizen Family Relationship visa is a five year Temporary visa that allows someone who is not a New Zealand citizen to live in Australia with a family member (i.e. a spouse or de facto partner) who is a New Zealand citizen and who holds a Special Category subclass 444 visa.
New Zealand citizens who arrived in Australia on or before 26 February 2001 are classified as Eligible New Zealand Citizens and are unconditional Australian Permanent residents. New Zealand citizens who arrived in Australia after 26 February 2001 are granted a New Zealand special category subclass 444 visa which allows them to stay in Australia indefinitely as Temporary residents.
The subclass 461 New Zealand Citizen Family Relationship visa can be renewed every five years.
In the event of a relationship breakdown the holder of a subclass 461 New Zealand Citizen Family Relationship visa is eligible to renew their subclass 461 visa provided they are not in a new relationship.
Subclass 309 offshore Temporary & 100 onshore Permanent Partner
A subclass 309 Temporary Partner visa is a Temporary partner visa that allows the de facto partner or spouse of an Australian permanent resident or citizen or an eligible New Zealand citizen, who is currently living outside Australia, to move to Australia in order to live with their partner or spouse.
The applicant for the subclass 309 partner visa must also be outside Australia when the visa is granted, it is a condition of the subclass 309 partner visa that the applicant is in an ongoing relationship with their sponsoring partner or spouse.
The subclass 309 temporary partner visa can only be applied for from outside Australia. After a qualifying period, usually 2 years after the holder of a subclass 309 visa applied for their subclass 309 visa, they are eligible to apply for a subclass 100 Permanent Partner visa.
Subclass 801 onshore Permanent Partner visas
The subclass 801 Permanent Partner visa is the pathway to Australian permanent residence for the holders of subclass 820 Temporary Partner visas. It is a Permanent visa granted to the spouse or de facto partner of an Australian permanent resident or citizen or an eligible New Zealand citizen.
The subclass 801 Partner visa is usually applied for 2 years after the subclass 820 visa application was lodged.
The subclass 801 Partner visa is a Permanent visa without conditions with the next step being Australian citizenship.
Subclass 820 onshore Temporary Partner visas
A subclass 820 Temporary Partner visa allows the de facto partner or spouse of an Australian Permanent resident or citizen or an eligible New Zealand citizen, to live in Australia with their partner or spouse.
The subclass 820 Temporary Partner visa is a Temporary visa, conditional on the applicant being in an ongoing relationship with their sponsoring partner or spouse. The subclass 820 Temporary Partner visa must be applied for from within Australia and when the visa the applicant holds expires, the applicant is granted a Bridging visa with full work rights to remain in Australia while their subclass 820 Partner visa application is processed.
The holder of a subclass 820 Temporary partner visa can apply for a subclass 801 Permanent Partner visa two years after applying for their subclass 820 Temporary Partner visa. When the subclass 801 Permanent Partner visa is granted it is unconditional.
FAQ ( Frequently Asked Questions )
JADE is led by My Linh Pham and Michael Cradock. My Linh Pham was the Victoria Government’s first Head of Significant Visa for 2014-2016. Michael is an immigration legal advisor and ex-KPMG audit consultant. JADE is joined by a team of experienced immigration legal advisors and together JADE has 100% success rate of Business & Investor visa grants to Australia.
You may be eligible to apply for a Partner visa 820/801 if you can satisfy the requirements which includes the following:
- Applicant must be over 18 years of age
- You both have been together for 12 months or more to satisfy DeFacto criteria
- Married Couple – Marriage must be recognised under Australian Law
- Relationship should be genuine and continuing
- Mutual commitment to a shared life – to the exclusion of all others
- Shared life including financial & social commitments
- Health and character requirements
- You meet ALL regulations & criteria for the visa application
The Partner (Provisional) visa is the first stage towards a permanent Partner visa. You lodge only one application for your temporary and permanent visas and pay one application charge. Your application is processed in two stages, about two years apart.
The process is slightly different if you apply for prospective marriage (fiancé) visa initially. This adds an extra step in the provisional visa process. National Visas treats the provisional and permanent stages as separate Premier services.
Contact JADE to get a professional working process with our experienced consultants
Possibly, however, visas to Australia based on your partner relationship are not like you see in the American TV shows! For example, being married to an Australian does not automatically give you the right to a partner visa, there are many requirements which need to be met before the visa can be approved.
The Australian government assesses four main factors with partner relationships; the social factor, the financial factor, the nature of the household and the nature of the relationship. In some cases the relationship must have been in existence for 12 months, and in other cases this does not apply.
There are also additional requirements such as ‘health and character’, further requirements where there are children involved and other things to consider if your Australian sponsor has sponsored previous partners to Australia. There are also issues to consider with regards to where you can be to lodge your application (in or outside Australia), bridging visas, work rights, processing times and many other factors.
There are a number of different types of partner visas to Australia. JADE can help you understand the options and make sure you apply for the visa which is right for your situation.
A de facto partner of another person is so calledif they live together and have a genuine and continuing relationship, as well as a mutual commitment to a shared life. A de facto partner can be either the opposite sex or the same sex. For the Partner (Provisional) and Partner (Temporary) visa, the length of the de facto relationship should be minimum 12 months from the date of the visa application.
To apply for a Partner visa as a de facto partner, you and your partner must show that you have been in a de facto partner relationship for the entire 12 months immediately prior to lodging your application and that this relationship is to the exclusion of all others. If either you or your sponsor are still married to another person at the time of lodgement of a de facto partner visa, you will need to provide evidence that your previous relationship is no longer ongoing.
Main difference between these visa types is where the applicant should be located when the papers are lodged with the department of immigration.
♦ Onshore Partner Visa: Applicant must be in Australia – Subclass 820/801
♦ Offshore Partner Visa: Applicant must be outside Australia – Subclass 309/100
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