Partner visas
Partner visas are suitable for couples where one partner is an Australian citizen or permanent resident, or an eligible New Zealand citizen. Unlike the Prospective Marriage visa, Partner visas are intended for couples who are already a family — they live together, have a mutual commitment to each other to the exclusion of all others, and maintain a genuine and continuing relationship.
Partners or spouses can be of the opposite or same sex. In December 2017, after many years of debate in the Australian Parliament, amendments were made to the Marriage Act, defining the concept of marriage as "a union of two people." These amendments lifted the ban on recognizing same-sex marriages, including those concluded abroad, as valid. Thus, today Australia recognizes the legality of a marriage union made in any country in the world if the marriage is concluded in accordance with the laws of that country (with some exclusions such as polygamous marriages, under-age marriages, marriages within a prohibited degree of relationship etc.).
Marriage is not a prerequisite for recognizing a couple as a family for the purposes of migration and obtaining a Partner visa. A de facto relationship lasting for at least 12 months (or less in some cases) will allow the couple to meet the relationship requirement for a Partner visa.
Partner visas fall under the category of sponsored visas. The sponsor in this case is the spouse or de facto partner of the applicant. The applicant's minor children or dependent children over 18 years of age can be included in the application for a Partner visa.
General requirements for an applicant:
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Be 18 years of age or older
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Be in a valid marriage or de facto relationship with the sponsor
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Be sponsored by the spouse or de facto partner
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Meet health and character requirements
General requirements for a sponsor:
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Be 18 years of age or older
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Be in a valid marriage or de facto relationship with the applicant
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Be an Australian citizen, permanent resident, or an eligible New Zealand citizen
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Meet character requirements
There are limitations for sponsorship by persons who have previously sponsored an applicant for a Prospective Marriage or Partner visa, or who were sponsored themselves for such a visa, and those who hold a Contributory Parent or Woman at Risk visa.
Please note
Some couples mistakenly believe that an official marriage will guarantee the grant of a Partner visa to Australia. Unfortunately, this is a misconception. A relationship that is not substantiated by anything other than a marriage certificate and photographs will not make the visa application successful. The Department of Home Affairs may regard such a union as fictitious and refuse the visa without a refund of the visa application charge (which is more than AU$9000).
Furthermore, in addition to the lost time and money, there is a serious challenge in reuniting the couple. A visa application refusal adversely affects a person's migration history. Even obtaining a Visitor visa can be difficult after an unsuccessful Partner visa application. The Department is already aware of the marriage and, believing that the newlyweds are trying to circumvent the rules, often refuse a Visitor visa due to the high risk of violating the conditions of stay in the country. This results in the couple being unable to live together in Australia. Unless the couple can live together overseas, they may never achieve the required status of the relationship for the Partner visas.
We are experts in Prospective Marriage and Partner visas. We will strategically build your case to achieve favourable outcome.
When a person applies for a Partner visa, they technically apply for two visas - a temporary or provisional visa and a permanent visa. If a temporary or provisional visa is granted, after two years form the date of application the Department will consider if a permanent visa can be granted. This two-stage process is intended to guarantee to a certain extent the the relationship is genuine and that the sponsor obligations are met.
A temporary Partner visa gives the holder a wide range of rights in Australia including full working rights, access to education, free schooling in public schools for children, access to the national health care scheme.
While waiting for two years for the permanent visa to be granted, the couple should build and collect evidence testifying in favor of the genuine and continuing nature of their relationship.
Let's look at the current partner visas and a visa for family members of New Zealand citizens available under Australian law:
Partner (Provisional) visa - subclass 309 & Partner (Permanent) visa - subclass 100
If the applicant is outside Australia, they must apply for the subclass 309/subclass 100 Partner visas and must be outside Australia when the subclass 309 Partner (Provisional) visa is granted. Upon the grant of a subclass 309 visa, the applicant will be given a period of time (usually 12 months) to enter Australia
Partner visa (Temporary) - subclass 820 & Partner (Permanent) visa - subclass 801
If the applicant is in Australia, they should apply for the subclass 820/subclass 801 Partner visas. The applicant must be in Australia when the subclass 820 visa is granted. These Partner visas are intended for holders of Prospective Marriage visas or applicants who entered into a marriage or a de facto relationship with their sponsor while they were in Australia on another visa. There are certain criteria to be met depending on the current or previous visa, visa refusals, or cancellations
New Zealand Citizen Family Relationship visa (subclass 461)
New Zealand citizens can typically enter Australia with a subclass 444 visa. However, their family members who are not New Zealand citizens can apply for a subclass 461 visa. This temporary visa is valid for five years and can be extended, provided the individual remains a family member of the New Zealand citizen. While this visa allows the holder to work and study in Australia, it does not offer a pathway to permanent residency.
The visa application charge for Partner visas is high. This is because there are no requirements in terms of age, qualifications, or English proficiency. As a result, the Government incurs additional costs to support the successful settlement of the newly arrived resident and their family members. These costs may include providing opportunities to learn the language, obtain an education, and acquire a profession. The holders of the temporary Partner visas are also covered by the national health care system, Medicare. That is why the price of Partner visas should balance the Government costs.
Expert Advice
Partner visas are a common pathway for migrating to Australia. However, it's important to take your time and understand the terms 'spouse,' 'de facto partner,' 'married relationship,' and 'de facto relationship' as defined in Australian migration law. Assess your relationship with your partner against these legal requirements before declaring it to the Department of Home Affairs. Consider your relationship not only from an emotional standpoint but also in terms of the sufficiency of evidence. If your relationship does not yet meet the requirements for a Partner visa, it may be wise to wait until you achieve the necessary thresholds.
If you are not married to your sponsor and your relationship is not yet a family, it might be more appropriate to consider a Prospective Marriage visa. Consulting with a professional migration agent is advisable. A refusal of a Partner visa application could jeopardize not only your migration plans but also your relationship with your partner.
For more information about Partner visas, consult a registered migration agent during a comprehensive consultation. If your relationship has ended or you have faced domestic and family violence before your permanent Partner visa is granted, seek professional advice.
Partner visas are suitable for:
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Immigration purposes, including obtaining Australian permanent residency and citizenship
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Living, working and raising a family in a country with one of the world's highest income levels
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Access to education, including free schooling for children
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The ability to sponsor parents and other eligible relatives for migration to Australia in the future
Partner visas may impose limitations on:
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Changing a visa sponsor
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Transition to permanent residency if the relationship ended