Do you dream of living with your partner in Australia?
That’s not just a dream, that’s a very real possibility!
Am I eligible to apply?
Getting your own Australian Partner Visa sorted is no easy task. It is a confusing and tumultuous process, so stressing about your Partner Visa is understandable. In order to apply for an Australian Partner Visa, you have to be either; legally married to or in a de facto relationship with an Australian Citizen, Australian Permanent resident or Eligible New Zealand Citizen at the time of applying.
It does not matter if your partner is he, she, “gender not specified” or LGBTQ+ just as long as they are not related to you by family, the Australian Government should recognize your relationship and your partner visa should be granted even if you are in same-sex relationship.
The main thing you need to demonstrate is that your relationship is genuine and ongoing.
The Australian Partner Visa process is a long and often arduous one, which can take many months, sometimes years. The process is separated into a two-stage process, but you apply for both the temporary and permanent Partner Visa at the same time.
After the initial two-year period, you may be granted a permanent visa if you are able to provide evidence of your ongoing genuine relationship and live together or only live apart only on a temporary basis.
For those of you thinking about applying for a Partner Visa in Australia, you need to understand that you may not be able to work (or study) immediately in Australia. Whether you can is largely dependent on what visa you currently hold, what conditions are imposed and when that visa will cease. Whilst the Bridging Visa A associated with the partner visa application, has no conditions imposed, it will only come into effect once your current visa expires, so it is important that you maintain your current visa conditions and consider that impact when deciding to lodge a partner visa.
Is my relationship genuine?
As part of the partner visa application, you will be required to demonstrate the genuineness and ongoing nature of your relationship. During the application process, the Department of Home Affairs, will get right up in your business. It is a very personal process and the Department will look at all aspects of your relationship and require evidence, such as you both living together on a full-time basis, your shared financial commitments, how you share your household responsibilities, what you do socially together, and how you support one another emotionally.
In addition, you will also be expected to provide independent witness statements in support of your relationship. Our experienced agent will make suggestions about the types of evidence you can provide and how you can improve your chances of success.
Where can I apply?
There are two pathways; applying from within Australia (subclass 820/801), or from outside of Australia (Subclass 309/100).
It is important to note though, is you must be in the same location at the time lodgement and at the time of grant.
To be eligible to apply onshore you must not have any visa conditions such as 8503 imposed on your current visa. If you apply onshore from within Australia you are eligible for a Bridging Visa A, and depending your circumstances, allowing you to live and work in Australia whilst waiting for the outcome of the Partner Visa application.
Those applying offshore, may be eligible to travel to Australia using a visitor visa to spend time with your partner during visa processing.
Have you met and fallen in love with an Australian citizen, a permanent resident or New Zealand citizen and are now considering marriage in the future?
The Prospective Marriage Visa is a temporary visa that allows an Australian citizen, Australian permanent resident or eligible New Zealand citizen to sponsor their fiancé to enter Australia for a period of nine months, with the intention of marrying.
Am I eligible?
To be eligible for a Prospective Marriage Visa you must have met your partner in person (at least once) since turning 18 and be engaged to be married.
Does this visa offer pathways to permanent residency?
Yes, while the Prospective Marriage visa is in effect, it is a condition that you must marry your sponsoring partner and and lodge your partner (subclass 820) visa whilst in Australia. Your marriage must take place within 9 months of the date that the Prospective Marriage Visa is granted, and be accepted under Australian marriage law.
Two years after applying for the partner (subclass 820) visa, you would be eligible to apply for permanent residence, if you and your partner are still in a genuine and ongoing relationship and are living together.
Where can I apply?
You must be outside of Australia at the time of application and at the time of grant. Once granted you can travel to Australia and prepare for your wedding.
During this time, you are permitted to work and study in Australia.
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