The Prospective Marriage visa is open to those who will marry their Australian Citizen/PR partner within 9 months of arriving to Australia, then leading to an option for an Onshore Partner Visa 820/801. You are required to have met before in person before this option is available to you, and is a great temporary visa to lead to permanent residency in the 820/801 onshore partner visa.
For offshore applicants, this Partner Visa is available to the de facto or spouse of an eligible Australian citizen/PR so that they can come to Australia to be with their loved one.
The 309 Visa is the temporary visa and the 100 Visa is the permanent visa, both applied for at the same time and both offshore from outside of Australia.
This Partner Visa allows the de facto or spouse of an eligible Australian citizen/PR already onshore to remain in Australia to be with their loved one. The 820 Visa is the temporary visa and the 801 Visa is the permanent visa, both applied for at the same time and both onshore within Australia.
The temporary partner visa (subclass 820 or 309) is granted first and lets you stay in Australia while the permanent partner visa (subclass 801 or 100) is processed.
Getting the permanent Partner visa is a two-stage process. To be qualified for a permanent partner visa you first need to be granted a provisional partner visa. You must apply for both the permanent and temporary visas at the same time and pay only one fee. If you are granted the temporary visa, you are eligible to be assessed for the permanent Partner visa (subclass 801) about two years after you lodged your application. You will need to provide further documents for this assessment.
The partner temporary/provisional visa lets the visa holder to:
Come to Australia and stay there until a decision is made about the permanent partner visa
→ Live, work and study in Australia
→ Enrol in Medicare
→ Attend free English language classes provided by the Adult Migrant English Program
SJ Migration agents are able to ensure that your partner visa application is decision ready and meets all the requirements for a timely visa process. We have years of experience dealing with complex partner visa application and can walk you through to ensure your application is not delayed and is successful.
Lodging an online partner visa application is not difficult and could be done in about 1 hour. However, unless the information and supporting documents that you provide are correct, comprehensive and extensive, chances of visa refusal could be high. Unfortunately, partner visa case officers are not very flexible and always require significant amount of evidence to be satisfied that a relationship is genuine and ongoing.
At SJ Migration, our agents are able to advise you on the type of evidence that you can prepare to make a decision ready application. We can also inform you if you are barred from sponsoring someone or point out any other weaknesses that your case might have.
Before you apply for your partner visa, come and meet with one of our agents in Melbourne. We are more than happy to discuss your application with you and ensure you are doing your application correctly.
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To qualify for partner visa you have to be either:
If you are applying for Partner Visa under the grounds of marriage, then the applicants must be lawfully married in Australia or legally married in the country where the marriage had taken place. If a marriage is not recognized where it took place, the visa application will not be considered under Australian Migration Law.
If you are applying for Partner Visa under the de facto applicants, then the applicants must have been in a de facto relationship for at least 12 months before applying for the visa. However, if there are compelling and humane causes or your relationship is recorded under an Australian State/Territory law, you may apply.
Whether you are applying under the grounds of marriage or in a de facto relationship, the following criteria apply to all applicants.
– An Australian citizen, permanent resident or eligible New Zealand citizen sponsor the applicant.
– Applicant is married or in a genuine de-facto relationship with their sponsor
– Applicant must be in a mutually exclusive, authentic and continuing relationship with your spouse/de facto partner.
– Applicant must be over of 18 years of age
– Applicant must have lived with their spouse/partner on domestic basis and have not lived apart on a permanent basis.
– Applicant must ensure that their partner is not prohibited from sponsoring applicants for the Partner visa
– Both applicant and sponsor meet both the health and character criteria.
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