Partner Visas and Fiancé Visas
Australian citizens, Australian permanent residents and eligible New Zealand (NZ) citizen may be eligible to sponsor partners for permanent residence with a Partner or Fiancé (prospective marriage) visa. This is an ideal option for Australians looking to return to Australia with their overseas partners, or those developed their relationship from within Australia.
There are three categories of partner visa in Australia:
Partner visa 820/Partner visa 801
Partner visa 309/Partner visa 100
Fiancé or Prospective Marriage 300 visa
General Requirements
To qualify, the couple should not be married and cannot be in a committed relationship with another person. They will need to demonstrate they are in a genuine relationship with each other through one of the following:
A marriage relationship
A marriage recognised by law
A de facto relationship:
Live together in a mutually exclusive and domestic relationship, or not permanently apart
Must be able to demonstrate this type of relationship has existed for at least 12 months prior to lodgement of the application
A formally recognised relationship
Many but, not all Australian states formally recognise relationships
A formal engagement and intent to marry
In addition to the above, the visa applicant will need to show they meet:
Health requirements
Character requirements
Each of these relationship types will determine the criteria to be met by the visa applicant and their sponsor. Additionally, each partner visa type will determine where the visa applicant needs to be at the time of lodgement and sometimes, when the visa is approved.
Partner visa 820/801
The partner visa 820 is a provisional or temporary visa and is lodged:
While the visa applicant is in Australia
While the visa applicant holds a substantive visa (excluding all bridging visas). If the applicant has a bridging visa, or is an unlawful non-citizen (no visa), they will need to demonstrate compelling and compassionate reasons as to why they did not submit the application earlier
The partner visa 801 is the permanent stage of the process. It is lodged at the same time as the partner visa 820 but, depending on the longevity of the relationship and whether there are children involved, it will often be finaised at a later date. The permanent visa 801 is where the Department of Home Affairs check to ensure the relationship is still in tact and whether health and character requirements can still be met.
Partner visa 309/100
The partner visa 309/100 works in the same way as the partner visa 820/801 except the visa applicant must be offshore when the provisional 309 visa is lodged and approved.
Fiancé visa 300
The fiancé 300 visa is for coupes where the visa applicant is overseas and wanting to marry their Australian or eligible NZ partner, in Australia.
If approved, the fiancé visa is valid for 9 months during which time, the visa holder must enter Australia, marry their partner and lodge an onshore partner visa application.
Compassionate Circumstances
If the relationship has broken down through domestic violence, or if the sponsor has passed away, it my still be possible to continue with an application that has been lodged and awaiting a decision.
Common Pitfalls in a Partner Visa Application
Sometimes applicants are not aware of the obstacles involved in making a partner visa application.
In addition to the loss of expensive partner application fees paid to the Department of Home Affairs, refusals of Australian visas can sometimes result in applicants being unable to make another visa application while they are in Australia.
In our article addressing some of the pitfalls involved in making a partner visa application, we outline some of the critical factors to be aware of and our recommendations.
Duration and Travel Facility
There is no expiration date on this Australian permanent residence visa. However, the travel facility is valid for 5 years from the date approval which means visa holders wishing to depart and re-enter would need to consider whether they are eligible for the Resident Return Visa (RRV), or Australian citizenship.
Australian Citizenship
Following approval of Australian permanent residence, those looking to apply for Australian citizenship may qualify and have time spent outside Australia count towards the standard residence requirements. This is discretionary based on whether the applicant is a partner of an Australian citizen and whether they have a close and continuing relationship with Australia.
Contact us to learn how we can assist and manage your application.