Partner Visa

This group of visas is designed for Australian citizens, permanent residents, eligible New Zealand citizens and their spouses (same-sex couples) and de facto partners (including same-sex relationships) This allows them to stay in Australia permanently. At Kanberra Immigrations, we facilitate the obtaining of this visa by providing comprehensive screening, advice, and visa application processing.

Although there are three main subcategories for spouse visas, these visas are divided into two categories: potential marriage visas and spouse visas. The type of visa you need to apply for depends on the type of relationship you have.

The following are the relationships and corresponding visas.

• Arranged marriage (fiancé(e)): A marriage license intended to marry
• Married (de jure) relationship partner visa
• De facto spousal relationships: (including same-sex relationships): Spousal visa

There are two types of subclasses: temporary and permanent. Initially, temporary visas are issued to spouses who meet the legal criteria for visas. A permanent visa may be granted later after the eligibility period or shortly after the temporary visa if there is a long-term relationship or children of the relationship.

Partner group immigration also allows temporary entry for Australian citizens, permanent residents and the spouse(s) of eligible New Zealand citizens (prospective spouses).

However, as an Australian, Australian permanent resident or spouse or fiancé(e) of an eligible New Zealand citizen, permanent residence in Australia is not valid If you wish to reside in Australia permanently, you must first apply for a permanent visa and and it must be compared with the legal criteria for that visa.

Let’s take a brief look at partner subclass visas based on your location at the time of application:

• If you are in Australia, you are eligible to apply for a temporary spouse visa (subclass 820) and a permanent visa (subclass 801). You can apply for this visa and live in Australia with your spouse who must be an Australian citizen, permanent resident or a valid New Zealand citizen. If the relationship is genuine and still exists two years after applying for this visa, you can apply for a permanent visa.
• Outside Australia: Spouse temporary visa (subclass 309) and permanent visa (subclass 100): You can apply for this visa to enter and live in Australia with your spouse, who must be an Australian citizen, Australian permanent resident or eligible Other Citizen of Zealand. An ongoing and genuine relationship for two years after applying for this visa, can grant you a permanent visa.

This is for those who want to enter Australia before marriage. To apply for this visa, your fiancé must be an Australian citizen, a permanent resident of Australia or a valid citizen of New Zealand. Once married, holders of this visa can then apply for a Spouse visa to stay in Australia permanently.

The following are some common requirements to apply for this visa.

• Legal satisfaction must be given by someone (your fiancé(e), your partner, or in some cases, your partner’s parents or guardian) who is an Australian citizen, Australian permanent resident or qualifying New Zealand citizen on sponsorship Requirements and assists you.
• You must also meet health and behaviour standards
• If you have dependent children or other dependent family members, they may apply together with your application if they meet certain requirements

Partner visas also apply to those whose visas have been refused or cancelled since their last visit to Australia. This refusal or cancellation falls under section 48 of the Migration Act 1958 (the Act). Therefore, when you are in Australia, you cannot apply for any visa except certain specified types of visa, such as a Protection visa or Bridging visa.

However, if you meet certain criteria, from 14 September 2009 you can apply for a spouse visa in Australia. Those four requirements are:

• Your spouse visa may have been refused since your last visit to Australia
• Your visa may not have been granted or revoked for behavioural reasons under section 501 of the Act
• A 40SP sponsorship form for a spouse moving to Australia must be completed and signed by an Australian citizen, Australian permanent resident or eligible New Zealand citizen claiming they are your spouse or de facto spouse of the application form
• You must provide two legal declarations from Australian citizens, Australian permanent residents or qualifying New Zealand citizens (other than your spouse) supporting the existence of your relationship with your spouse. This declaration must be issued not more than six weeks before the date of the spouse’s visa application.
• These are some of the basic requirements that just need to be applied for. There are many others besides these and your application under this program will be assessed against legal requirements in the same manner as all spouse visa applicants required in Australia.

Kanberra Immigrations is an experienced Australian immigration agent. Our trained and professional staff know how to deal with each application efficiently and with care.

Get in touch with us for all types of partner visa to Australia and see for yourself what we can do for you!