The Partner visas allows the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia.
Onshore Partner Visa is called Subclass 820 and after two years Subclass 801 visa will be processed automatically.
Offshore Partner Visa is called Subclass 309 and after two years Subclass 100 visa will be processed automatically.
The temporary Partner visa (subclass 820 ) is granted first and lets you stay in Australia while the permanent Partner visa (subclass 801) is processed.
The temporary Partner (Provisional) visa (subclass 309) is granted first and lets you stay in Australia while the permanent Partner (Migrant) visa (subclass 100) is processed.
LONG TERM RELATIONSHIP
If you are in long term relationship, permanent visa can be granted immediately.
If you had been with your partner for either:
- three years or more
- two years or more and you and your partner have a dependent child of your relationship.
- If you are married, usually you must be 18 or older when you apply. This is because usually, you must be 18 or older for your marriage to be valid under Australian law.
- If you are a de facto partner, you must be 18 or older when you apply.
- You must be the spouse (married) , or a de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
- You must have repaid, or have arranged to repay, any outstanding debts to the Australian government.
- You should have genuine relationship with your partner.
You will need to show that you and your partner have a commitment to a shared life together, to the exclusion of all others. You and your partner must live together, or at least not live apart on a permanent basis.
The Department of Immigration will look at a number of aspects of your relationship, including:
- Cohabitation: Usually evidenced through showing correspondence addressed to both of you at the same address
- Financial Interdependence: For example, joint bank accounts, joint ownership of property, joint financial commitment such as leases, mortgages, insurance policies.
- Social aspects of the relationship: Joint travel, joint social activities, joint participation in cultural or sporting activities.
Defacto Relationship – 12 Months Cohabitation
A defacto relationship would require evidence that you have lived with your partner for the last 12 months. The Department of Immigration requires documentary evidence that you have lived together (for example, a joint lease or correspondence sent to you at the same address).
It is possible to get a waiver of the 12 month requirement in cases where you are unable to live together due to exceptional circumstances.
If you are married, you do not need to show 12 months of cohabitation, but will need to show that you are currently living together. If you have had your relationship registered in an Australian state or territory, you would be similarly exempt from the 12-month cohabitation requirement.
HEALTH AND CHARACTER
You will need to provide full health and police checks. If you do have a medical condition, a waiver of the usual health requirements is possible where the cost to the Australian community of treating the condition is not undue.