April 28, 2021

Partner Visa Frequently asked questions

If you are married to, or you are in a de facto relationship, with an Australian citizen or permanent resident or eligible New Zealand citizen. Your relationship can be with someone of the same or different sex.

Partner visa requirements For de facto partners, you need to have a relationship established for at least 12 months before you are eligible for the partner visa application unless you have registered your relationship.

Which partner visa you can apply?

It will depend upon your relationship and your location at the time of application.

visa, if you are onshore at the time of Application.

Please note, some visa conditions attached to your visa may prevent you from lodging the visa onshore. This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia temporarily. Getting this visa is the first step towards a permanent Partner visa (subclass 801).

  • ​​​​​​​​​​​​​​This is a temporary visa
  • You must be in Australia when you apply
  • As a holder of Subclass 820 visa you can Work in Australia and You can travel to and from Australia

You apply for Subclass 309/100 visa, if you are offshore at the time of Application.

Once this visa is granted, this visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia temporarily. Getting this visa is the first step towards a permanent Partner visa (subclass 100).

  • ​​​​​​​​​​​​​​This is a temporary visa
  • You must be outside Australia when you apply
  • As a holder of Subclass 309 visa you can Work in Australia

and You can travel to and from Australia

You are in Australia on a Visitor Visa. Can you apply for a partner visa?

Yes, You can apply for a partner visa in Australia while you are a holder of Visitor visa and there is no (No further stay) condition on your visa. Also, you and your sponsor need to meet all the relevant requirements such as relationship or married to an Australian Citizen or permanent resident or eligible New Zealand citizen, sponsor’s eligibility, your health and character requirement.

How does your sponsor qualify?

Your sponsor must be an Australian citizen, Permanent Resident or eligible New Zealand citizen who has not previously sponsored more than one partner and has not sponsored a partner within the last five years. (unless compelling and compassionate circumstances apply). The sponsor also needs to meet character requirements

Can I include my children in my application?

Yes, you can include your children in your application. The requirements and restrictions on Australian visas differ depending on the visa for which you are applying. You should discuss your individual situation with a registered Migration Agent.

How long will it take to process my Partner Visa application?

According to Department’s website (April 2021), currently subclass 820 visa processing time is 75% of applications: 24 months and 90% of applications: 27 months And Subclass 309 visa processing time is 75% of applications: 22 months and 90% of applications: 24 months

We advise you to visit Department website for current processing times.

What are the partner visa application fee?

From AUD7,715 for most applicants. (April 2021) (Department can change these fees anytime, please check the current fees at the time of lodgement). You pay for the temporary and the permanent visa at the same time.

What can be the reasons for Partner Visa Applications refusals?

The major reason for a partner visa refusal is that the Department is not satisfied that you are in a genuine relationship with your partner. There may also be other factors that leads to a visa refusal, such as schedule 3, your and/or your partners and dependents’ health/character issues.

Do you want to apply for a Partner Visa? Book an appointment with one of our Migration professionals and we will advise you which is the best Partner visa for you. We will also advise you about the requirements and documents checklist and assist in lodging your visa application.

(Disclaimer – The information contained on this page is to provide general advice only and is not to be taken as individual advice for your personal circumstances. Information provided is subject to change at any time, and before making any decision, you should seek professional advice about your circumstances.)

Thanks

Vinod Kumar

MARN: 1169871)

Hope Immigration Services

02 86785756    www.hopeimmi.com

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