Partner Visas 

If you are married to an Australian citizen, Australian permanent resident or eligible New Zealand citizen, plan to marry one, or you are in a in a relationship with one, you can apply for and obtain an Australian immigration partner visa.

The applicant must be sponsored by their Australian independent or de-facto partner aged over 18 years, and the sponsorship must be for a minimumperiod of 2 years.

General requirements for Australian partner visas are:

• The sponsorof the applicant must be an Australian permanent resident, Australian citizen, or eligible New Zealand citizen.
• Both the applicant and the sponsor must be aged over 18 years.
• The applicant must be married to or in a relationship with the sponsoring partner for at least 12 months.
• A satisfactory proof that the relationship or the marriage is genuine, e.g. that you live together, that the relationship is strong and there is mutual commitment. This happens usually by attending an interview and providing documentation including photos, joint bank statements etc.

There are 2 types of partner visa: Temporary partner visa and Permanent partner visa.

Temporary Partner Visa
If you have applied for a partner visa while outside Australia, you must be outside Australia when you receive the temporary partner visa.

If you have applied for a visa while in Australia, you must be in Australia at the time you receive the temporary partner visa.

If you have been granted a temporary partner visa, you:

• Are allowed to travel in and out of Australia until a decision about your permanent partner visa is made.
• Can work and live in Australia with your partner.

Permanent Partner Visa
If you have applied for a permanent partner visa while outside Australia, you are allowed to be in Australia or outside Australia when you receive your permanent visa.

If you have applied for permanent partner visa while in Australia, you must be in Australia when you receive your permanent visa.

In most cases, permanent residence cannot be granted prior to two years from the time you have applied. However, you can get a permanent visa without having to wait for two yearsif at the time you apply you meet certain criteria.

The waiting period (of 2 years) for permanent residence can be revoked if at the time you have applied:

• You have been together (in a relationship) with your partner for 5 years or more (as a de facto partner or married ); or
• You and your partner have been in married or in a de facto relationship for 2 years and have children.

Partner Temporary Visa and Permanent Visa (Subclass 820 and 801)
If you are onshore in Australia living with your partner in a de-facto relationship or marriage with eligible Australian Resident, Citizen or New Zealand citizen, you can apply for the Subclass 820/801 Partner Visa.

This visa will allow you to remain in Australia:

• on temporary basis (usually for a waiting period of two years from the date you applied for the visa)
• on permanent basis if, after the waiting period (if applicable), you are still in a relationship or married to your partner (the relationship exists) and you are still eligible for this visa.

Partner Temporary Visa and Permanent Visa (Subclass 309 and 100)
If you are offshore (outside Australia) and want to be with your partner in Australia, you can apply for the Subclass 309/100 Partner Visa.

This visa allows you to enter and remain in Australia living with your partner:

• on temporary basis (usually for a waiting period of two years from the date you applied for the visa)
• on permanent basis if, after the 2 years waiting period you are still in relationship/marriage with your partner and eligible for this visa.

The visa fees depend on the type of visa you apply for.

All the general visa requirements, such as health & character clearance, Australian values statement, minimum age of 18 years etc. must be met in order to lodge a visa application.

Please contact Ryan Curtis-Griffiths, Director at Nevett Ford Lawyers if you require advice and assistance - telephone: 03 9614 7111 or by email at: rcurtisgriffiths@nevettford.com.au.