How to Determine Your Eligibility for an Partner Visa

An Australian Partner Visa is a permanent residence visa that allows you to live in Australia with your partner. The Australian Partner Visa is available to both same-sex and heterosexual couples who are engaged or married in a genuine and continuing relationship with each other

There are two main types of Australian Partner Visas: The Partner (subclass 820) visa and the Prospective Marriage (subclass 300) visa. The main difference between these two visas is that with a Prospective Marriage visa you should have an intention to marry, which is shown by the evidence provided. Whereas with an ordinary Partner Visa, you need to be married or in a de facto for the last 12 months.

What are the requirements for an Australian Partner Visa?

To be eligible for an Australian partner visa, you must:

be either married or in a de facto relationship with an Australian citizen/permanent resident or New Zealand resident currently living in Australia
Live together for at-least 12 months with your de facto partner (if applying under de-facto partnership pathway) unless exemptions apply
not have a visa canceled or an application refused
Not hold a SC 491 or SC 494 regional visa
meet health and character requirements.

What is the Partner Visa (Subclass 820/801)?

The Partner Visa (Subclass 820 and 801) is a temporary visa that allows you to live in Australia with your partner. You have to already be in Australia and want to stay with your partner to apply for this visa.
The two stages of this visa are temporary and permanent, which means that there are different requirements for each stage of the process. The initial stage requires you to be able to prove that:

You have been living together for at least 12 months (this includes time spent apart)
You have met all other eligibility criteria

What is the Prospective Marriage Visa (Subclass 300)?

The Prospective Marriage Visa (Subclass 300) is a temporary visa that allows you to enter Australia and remain for 9 months. You must have an intention to be married to an Australian citizen or permanent resident, and you must be able to prove this by providing:

A notice of intention to marry
This document can be obtained from an Australian marriage celebrant

How to Apply for an Australian Partner Visa?

Obtain evidence that demonstrate the following:
- you have a mutual commitment with your spouse to the exclusion of all others
- your relationship is genuine and continuing
- you either live together or do not live permanently apart
- you have co-mingled financial commitments with each other
- your relationship is socially known
- you are not related by family
Make the visa application under the appropriate stream
Pay the Department of Home Affairs application fee
Respond to any requests for further information sought by the department after lodgment of the visa

What Documents are Needed for an Australian Partner Visa?

You will need to provide the following documents:

Police clearance certificate. If you have lived in Australia for more than 12 months, a police check is required. You will also need to provide a police check from all countries where you have lived for more than 12 months since turning 16 years of age
Undergo a health examination before your visa can be granted
Provide evidence of your marriage or de facto relationship as mentioned above.

In conclusion, the Australian partner visa program provides an ideal opportunity for couples to reside together permanently in Australia. The visa program is highly complex with multiple different options for consideration. Contact us today to get expert guidance on the best pathway towards permanent residency!