Family Law and Divorce 

Australia Partner Visa 101: What You Need to Know

For foreigners who are in a relationship with an Australian citizen and would like to be with them, they have an option to apply for a Partner visa. But, an Australian Partner visa is divided into four subclasses, each having different requirements, costs, and duration of stay.

Here are the things you need to know about these visas:

Types of Partner Visas:

There are four partner visas available in Australia  that are divided into three subclasses.

Subclass 309 and 100 – Provisional and Migrant Partner Visas

Subclass 309 or the Provisional Partner Visa can be requested by qualified partners and spouses of Australian citizens or permanent residents and eligible New Zealand citizens to be able to stay in Australia even while overseas. The duration of stay in Australia is temporary once granted and is a requirement before they can apply for the Subclass 100 visa or the Migrant Partner Visa.

The Migrant Partner Visa is granted to eligible Subclass 309 visa holders after they submit additional documentation after 2 years in the country. If you need more help you may visit Partner Visa’s in Perth.

Qualified applicants can apply for both Provisional and Migrant Partner Visas together.

Subclass 820 801 – Partner Visa

Subclass 820 or the Temporary Partner Visa can be requested by qualified partners and spouses of Australian citizens or permanent residents and eligible New Zealand citizens which they can request while in Australia. Once granted, the visa holder can stay in Australia temporarily while their Subclass 801 visa or the Permanent Partner Visa is being decided. The duration can also end after the application for the Subclass 801 visa is withdrawn.

Like the Migrant Partner Visa, the Permanent Partner visa is granted to eligible Subclass 820 visa holders after they successfully stayed in the country for 2 years and submitted additional documents.

Subclass 300 – Prospective Marriage Visa

This specific partner visa is for eligible applicants who intend to marry their prospective spouses. They must be sponsored by their prospective spouse who is an Australian or New Zealand citizen or an Australian permanent resident. Once granted and if the visa holder will be settling in Australia, they must apply for a Partner visa (subclass 820 and 801).

The duration of stay for qualified Prospective Marriage Visa holders can be up to 9 months.

Requirements:

Regardless of which visa you have applied for, applicants must meet the same requirements and they are the following:

  • They must be 18 years old or older, which is the required age to be married under Australian law.
  • They must be sponsored by the applicant’s partner. Sponsors cannot be changed from the time the visa application is lodged to the time they qualify for a permanent partner visa.
  • They must pass Australian health requirements for immigrants, as well as their character requirements.
  • If the applicant or any of their relatives owe the Australian Government money, they must be paid before they can apply for a visa.
  • They must not have been refused or had their visas canceled while they are in Australia.

If a child will be brought along by the applicant, they must be under 18 years old. If they are older than 18 years old, the visa approval is not guaranteed.

Fees

Since applicants can apply for both their temporary and permanent partner visas, they will need to pay a visa fee of AUD 7,715.

For Prospective Marriage Visa holders, they will need to pay the visa fee of AUD 7,715. They will need to pay a separate AUD1,285 when they are ready to apply for their Partner visa (subclass 820 and 801).

Fees can be paid through online or bank payments. Online payments through Paypal or credit/debit card will have a 1 to 3% surcharge. If bank payment will be selected, they can pay through Bpay from an existing Australian bank account without any surcharge.

Visa fees are non-refundable.

Aside from the visa fee, applicants will need to pay for their medical checkup which can start around AUD 400 depending on their country. Documentation fees and professional processing fees will also be shouldered by the applicant, especially if they seek a migration consultant to assist with the application.

Processing Time:

Each visa subclass has different processing times depending on the number of applications they receive.

For Subclass 309, processing times can take around 16 to 21 months, while Subclass 100 applicants will have to wait for 20 to 32 months.

For Subclass 820, processing times can take from 22 months to 27 months. It will then take an additional 12 to 19 months before the Subclass 801 visa will be granted.

Finally, applicants of Subclass 300 visas will need to wait from 17 to 23 months to get their documents reviewed.

Need Help?

If you are intending to join your Australian or New Zealand partner in Australia, us here at Migrate with Us can help you out. We will help you through the visa application process, from getting all the necessary requirements to filing the visa. We will also reach out to the Department of Home Affairs on your behalf and keep you up to date with your visa application.

Contact our staff today to see how we can help you with your visa application.

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