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and subclass 309 provisional partner visas are provisional visas which are granted for an indefinite period (until superseded by the permanent partner visa) and are conditional on the applicant living in a de facto relationship with their de facto partner or spouse.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.
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
- 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.
Interested in a Subclass 820/801 & Subclass 309/100 Partner Visas?
Our team of Migration Agents are committed to helping you obtain your Subclass 820/801 & Subclass 309/100 Partner Visas in the fastest possible timeframe and with the least amount of stress. We have an enviable record of experience and success with SkillSelect visas.
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Australian Express Migration Solutions has one of the largest and most experienced teams of Registered Migration Agents in Australia, Including Indian and Chinese Migration Agents. We specialise in all aspects of migration including visa applications, citizenship applications and visa refusal appeals. We are also experts in new company set ups and the visa options available to company owners and significant investors.
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Australia’s immigration laws regulations are complex and ever-changing. We will quickly assess your Australian visa options and get you on the road to your future in Australia.
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Call Australian Express Migration Solutions on +61420-456-862 to arrange a consultation, or book a consultation here and we’ll assess your prospects of success with this visa type (Fees apply).