PARTNER VISAS - ONSHORE & OFFSHORE
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. The first stage is a provisional partner visa (subclass 820 for onshore applications and subclass 309 for offshore applications). After a qualifying period on the provisional partner visa, provisional partner visa holders are assessed against the criteria for the permanent partner visa, (subclass 801 for subclass 820 visa holders and subclass 100 for subclass 309 visa holders).
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and subclass 309 provisional partner visas are provisional visas which are granted for an indefinite period (until superseded by the permanent partner visa) and are conditional on the applicant living in a de facto relationship with their de facto partner or spouse.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.
Let Australian Express Migration Solution handle your Partner visa application for you!
The Australian Express Migration Solution team of migration agents and immigration lawyers are totally dedicated to helping you obtain your subclass 820 or subclass 309 provisional partner visa or you subclass 801 or subclass 100 permanent partner visas. We know everything there is to know about registering your relationship and how this can be used to ensure a successful partner visa application.
We are one of the most experienced and trusted migration consultancies in Australia, with an enviable reputation for getting that visa, especially partner visas.
Ask about our No Visa, No Fee Guarantee and how it applies to Partner Visas.
Call Australian Express Migration Solutions on +61 39002 1808, make an inquiry or book a consultation and we'll assess your prospects of success with this visa type (Fees apply).
WHAT ARE 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.
- 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.
While same-sex marriages are not recognized in Australia, same-sex couples can apply for this visa based on their de facto relationship.
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
- 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 canceled
- You withdraw your application for a permanent partner visa
Need help with a Partner Visa? Let Australian Express Migration Solution’s Partner Visa team help you.
We have a team of migration agents ready to assist you wherever you are located in Australia. We can assist you in Sydney or Melbourne or Perth or Brisbane or anywhere else Australia-wide.
Book a consultation with one of our expert Migration Agents today!
WHEN WILL I BE ELIGIBLE FOR A PERMANENT PARTNER VISA?
Approximately 24 months after you lodge your combined provisional and permanent partner visa application you will be contacted by the DIBP to assess your eligibility for the permanent partner visa.
When you are contacted by the DIBP:
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 DIBP of the breakdown and the DIBP will provide you with the opportunity to make alternative visa arrangements.
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 canceled. The visa holder can apply for Australian citizenship when they meet the citizenship criteria.
Need Australian Express Migration Solution to handle your partner visa application?
Talk to one of Australian Express Migration Solution’s migration agents about your partner visa application now. Partner visa applications are covered by our No Visa, No Fee Guarantee. We are waiting to hear from you. Book a consultation online now!
BENEFITS OF USING AUSTRALIAN EXPRESS MIGRATION SOLUTIONS TO HANDLE YOUR PARTNER VISA APPLICATION
We are experts in all Partner visa options
Not only are we experts in all of the partner visa options, we are also passionate about helping you to get your visa. As immigrants ourselves, we fully appreciate how much it means to be granted an Australian visa. If we can’t get you your visa, no one can!
We offer a No Visa, No Fee Guarantee for partner visa applications
We are so confident we can get you your visa that we offer a No Visa, No Fee Guarantee for partner visa applications.
We know all there is to know about registering relationships for Partner visa purposes
It may be that registering your relationship could be the difference between meeting the criteria for your partner visa and not meeting the criteria. Depending on where you live this option could be available to you. We will quickly assess whether registering your relationship is an option for you and whether it is worthwhile for your partner visa application. If the answer is yes to both of these questions we will quickly get this underway for you.
We can help you prepare good quality de facto evidence
So often we come across clients who are clearly in genuine ongoing de facto relationships but have little or no evidence to prove this to the Department of Immigration. If this applies to you we will very quickly put you on the right track and before you know it you will have all the evidence you need for a successful partner visa application.
We will assist you and your partner to prepare your Personal Statements for your visa application
Often our clients have no idea where to start when it comes to writing Personal Statements for their or their partner’s visa application. What needs to be said, how long should it be? We will provide you with a template as a starting point and provide you with guidance on what to include. Before you know it both you and your partner’s personal statements will be written and ready to submit as part of your application.
We will take the worry out of the whole process for you
We will take the worry out of the whole process for you and you will be able to relax in the knowledge that your Partner visa application is being taken care of by partner visa experts who know what they are doing and guarantee their work.
We will liaise with the Department of Immigration right through to the grant of your visa
We will liaise with the Department of Immigration from the lodgement of your visa application right through to the grant of your visa.
We may even telephone you in the middle of the night to let you know your visa has been granted! Judging from the reaction of previous clients, we’re sure you won’t mind being woken up by this call.
Australian Express Migration Solution agents, serving Melbourne, Sydney, Brisbane, Perth, all of Australia and the World!
Call Australian Express Migration Solutions on +61 39002 1808 or book a consultation online here and we’ll assess your prospects of success with this visa type (Fees apply).
Ask about our No Visa, No Fee Guarantee and how it applies to partner visas.