Partner and Marriage Visas for Australia
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Offshore Partner Visa – subclass 309/100
This Partner Visa is for people who:
- are not in Australia
- have a partner or spouse who is an Australian citizen or permanent resident, or who is an eligible New Zealand citizen
- are of acceptable health and character
- are either married to their sponsor or else have been in a de facto relationship with them for at least 12 months prior to the point of lodgement
Once the Temporary (309) visa is granted, after two years the applicant will be eligible for the grant of the Permanent (100) visa, which is essentially the second stage of the application process. However, if the applicant has been married to or in a de facto relationship with their sponsoring partner for at least three years when lodging their initial application, or two years if the couple have children together, it is possible to be granted the permanent (100) visa immediately.
Onshore Partner Visa – subclass 820/801
This visa is for people who:
- are in Australia on an eligible visa
- have a partner or spouse who is an Australian citizen or permanent resident, or who is an eligible New Zealand citizen
- are of acceptable health and character
- are either married to their sponsor or else have been in a de facto relationship with them for at least 12 months prior to the point of lodgement
At the point of lodgement, the applicant will usually be granted a bridging visawhich will allow them to continue to stay in Australia on the conditions of their original visa.
Once the Temporary (820) visa is granted, after two years the applicant will be eligible for the grant of the Permanent (801) visa, which is essentially the second stage of the application process. However, if the applicant has been married to or in a de facto relationship with their sponsoring partner for at least three years when lodging their initial application, or two years if the couple have children together, it is possible to be granted the permanent (801) visa immediately
Prospective Marriage Visa – subclass 300
On this visa an applicant is able to enter Australia and marry their fiancé within nine months of the visa being granted. Once they have married their fiancé, they then apply for an Onshore Partner Visa (subclass 820) on the basis of their marriage before the subclass 300 visa expires.
The applicant must:
- be engaged to an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen
- be of good health and character
- be free to marry
- provide evidence that they have met in person and genuinely intend to marry
- must be outside of Australia whilst the application is both lodged and granted
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