Partner Visas – SubClass (820/801 & 100/309)

Who are Partner Visas for?

The Partner Visa subclass 820/801 (for onshore applicants) and 100/309 (for offshore applicants) allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen, to live in Australia.

 

Being available to both heterosexual and same-sex couples, this two-stage visa is an ideal pathway towards gaining permanent residency provided you are in a married or de facto relationship. Applicants will need to be sponsored by their spouse or de facto partner.

 

As a part of the two-stage process, successful applicants are initially granted a Provisional 820 or 309 visa (depending on their location) and are reassessed two years later for the Permanent 810 or 100 visa (depending on their initial visa). Both visas are applied for in the same application, however, in certain circumstances, you may be eligible to apply under the Permanent subclass.

 

Am I Eligible for a Partner Visa?

In order to apply for a 820 visa, you must be in Australia to apply for this visa. If you are outside of Australia, you may be able to apply for the Partner Visa Subclasses 309 visa which has similar requirements to the onshore visas described here. Results Migration can assist you in determining which is the appropriate visa for you.

 

Marital Relationship

If you are in a marital relationship you must satisfy the following elements to qualify for your visa:

  • Your marriage must be legal under Australian law. If you were married outside Australia, and your marriage is valid in that country, it will usually be considered legal under Australian law. Non-recognised marriages in Australia would include same-sex marriages, underage or polygamous marriages.

De-Facto Relationship

If you are in a de facto relationship you must demonstrate that:

  • Your de facto relationship had existed for at least 12 months before applying for this visa.

Please note Same-sex couples can apply under this subclass and use the same criteria.

 

If you are in either a marital or de facto relationship, you must show a mutual commitment to a shared life as husband and wife (or as de facto partners) to the exclusion of all others:

  • You and your partner must be living together or, if not, any separation of living arrangements must only be temporary;
  • You must have a genuine and continuing relationship with your partner; and
  • You must comply with certain health and character requirements.

 

Once you have held either your 820 or 309 visa, you will then be able to apply for your permanent 801 or 100 visa. When applying for your permanent visa, you must continue to be in a spousal or de facto relationship, unless you are subjected to special circumstances which resulted in your relationship ending, and you have complied with all Australian laws while you where on your temporary visa.

 

Partner visa Checklist

 

How Long Does it Take?

Once received, the Department of Immigration will then commence processing your application. The average global processing time for 820 and 801 visas are 75% of applications in 18 and 19 months respectively, and for 309 and 100 visas 75% of applications in 13 and 22 months respectively. Please note that times may vary as assessment of eligibility occurs on a case-by-case basis and vary on the applicant’s circumstances.

 

It is understandable that there are circumstances that impact the processing time of your visa applications which are out of your control. These include the time for external agencies, namely health and police services, and the Government to conduct checks and provide supporting information.

 

While the above circumstances are unavoidable, there are some factors which will ensure you a faster processing time. These include:

  • Lodging a complete application, attached with all of the necessary supporting documents.
  • Being prompt in responding to any additional information the Department requests.

 

If you can demonstrate at the time of your application that you have been in a long-term relationship with your partner, your permanent Partner visa (subclass 100 or 801) will be granted immediately after the temporary Partner visa. Therefore you will not be subjected to the additional processing times.

 

Fees & Costs

You will only have to pay one fee which covers both the temporary and permanent visa. The cost of this visa is from $7,000. Please note this is only the flat rate and you may be asked to pay additional costs to cover requirements such as health assessments, police certificates and biometrics.

 

If you wish to add additional family members to your application, an extra fee will be imposed upon your visa application.

 

What Steps Should I Take to apply for a Partner Visa?

Unlike other Migration law firms, Results Migration makes the process of applying for visas straightforward. Our team of expert lawyers will work with you every step of the way and has devised a step-by-step process to ensure your application is processed as fast as possible.

 

  1. Come in for a free consultation where our team of expert lawyers will assess and advise you on the Australian visa option that best suits your needs.

 

  1. At this stage, we will gather and prepare all of the documentation as well as perform any additional checks that are required to lodge a visa application.

 

  1. We will then begin to prepare and then lodge your application in a timely manner.

 

  1. Finally, we will notify you of the outcome. If granted, you receive the rights listed below.

 

Entitlements of a Partner Visa

The subclass 820 and 309 (provisional) visas will allow you to:

  • Remain in Australian until a decision has been made about your permanent Partner visa;
  • Work in Australia;
  • Study in Australia, but with no access to government funding for tertiary study;
  • Be a part of Australia’s scheme for health-related care and expense, by enrolling in Medicare

 

Once the Department has made a decision regarding your subclass 801 or 100 (Permanent) visa you will receive permanent residency rights. If this is granted you can:

  • Stay in Australia indefinitely, and travel to and from Australia without restrictions;
  • Work and study in Australia;
  • Apply for Australian citizenship once you become eligible;
  • Sponsor relatives; and
  • Receive some social security payments.

 

Partner Visa FAQs

Does my sponsor have to pay a fee?

No, your partner is not subjected to any costs for sponsoring you.

 

How long does my sponsorship last?

After two years of being granted a provisional visa (820 or 309), your sponsorship will end.

 

What are my sponsor’s obligations?

Being a sponsor, your spouse or de facto partner must help you and your children with accommodation, financial assistance (including English language courses if necessary) and other support such as childcare. This will occur for two years after being granted your provisional 820 or 309 visa.

 

Can I include my family members on my application?

Upon lodging your application you may include your dependant children or stepchildren on your application. If granted, your family members will receive the same rights and obligations as you.

 

Partner Visas Australia

April 3rd, 2017|0 Comments

Being one of the most multi-cultural countries in the world, Australia is currently one of the most popular destinations for migrants all over the world. Most people who have settled and made a life here [...]