PARTNER VISAS
Prospective Marriage (Fiance) visa
(parts from clause 300, Schedule 2 of the Migration Regulations 1994)
This temporary visa is for persons who intend to come to Australia to marry an Australian citizen, a permanent resident, or an eligible New Zealand citizen sponsor. An eligible New Zealand citizen is a citizen from New Zealand who resided legally in Australia for at least one (1) year in the two (2) years immediately before February 26, 2001, or who has a certificate issued by Centrelink under Social Security Act 1991. The visa is valid for nine (9) months from the grant. Within the said period, the applicant must marry the sponsor as the period cannot be extended and then apply for a spouse visa in Australia. If a marriage does not eventuate, the applicant must leave Australia. The applicant must have personally met the sponsor after they have turned eighteen (18) years old.
With this visa you can
- live, work and study in Australia while we process your permanent Partner visa
- travel to and from Australia as many times as you want
- attend free English language classes provided by the Adult Migrant English Program
How long you can stay?
Stay until we decide your permanent visa (subclass 801) application.
For most applicants, this stay is from 15 to 24 months.
Applicants who have been in a long term relationship* before they apply might not have to stay on the subclass 820 visa at all. We might grant you the permanent visa immediately after we grant the temporary subclass 820 visa.
* if you had been with your partner for either: 3 years or more, 2 years or more and there is a dependent child from this relationship
Spouse Visa
(parts from clauses from 309 and 100, Schedule 2 of the Migration Regulations 1994)
This two-staged visa is for applicants who intend to come to Australia to migrate, work, and settle together with a sponsor, Australian citizen, permanent resident, or eligible New Zealand citizen spouse. An eligible New Zealand citizen is a citizen from New Zealand who resided legally in Australia for at least one (1) year in the two (2) years, immediately before February 26, 2001, or who had a certificate issued by Centrelink under Social Security Act 1991.
The marriage, regardless of the place of celebration, must be valid. Spouses must also have a mutual commitment to a shared life as husband and wife with all due fidelity. Further, it must prove that their relationship is genuine and continuing. They have lived together except long-distance relationships through financial and social aspects, the household’s nature, and mutual commitment.
After the visa’s first stage grant, the Department of Home Affairs (formerly DIBP) will reconsider towards the end of the two (2) year period from the application lodgement. Suppose the applicant has a dependent child from another person. In that case, the sponsor, Australian citizen, permanent resident, and eligible New Zealand citizen spouse can also sponsor the dependent child after the grant of the first stage of the visa through a Dependent Child Visa.
Partner/De Facto/Same-Sex Visa
(parts from clauses from 309 and 100, Schedule 2 of the Migration Regulations 1994)
Even without the celebration of marriage, a person can still come to Australia to migrate, work, and settle together with a sponsor, Australian citizen, permanent resident, or eligible New Zealand citizen partner. This visa covers both opposite-sex and same-sex couples.
To be eligible under this visa, the applicant and the sponsor, Australian citizen, permanent resident, or a suitable New Zealand citizen partner must have a mutual commitment to a shared life to exclude all others. The relationship between them is genuine and continuing through financial and social aspects, the household’s nature, and mutual commitment. Also, they should not be of the same blood/family. If the relationship is not long upon visa lodgement, the de facto couples may have their relationship registered to be qualified.
