Partner Visa
As the name implies, this is a visa for married partners of Australian citizens, Australian permanent
residents, and qualified New Zealand citizens to enter and remain permanently in Australia. Married
partners include same-sex partners as well as opposite-sex spouses. It is our responsibility at BMW
to take care of obtaining this visa for you through a careful evaluation, counselling, and visa
application procedure.
Although there are three main subclasses of partner visas, these visas can be essentially categorized into two groups: partner visas and visas for prospective marriages. The kind of relationship you are in will determine the sort of visa you should apply for.
Although there are three main subclasses of partner visas, these visas can be essentially categorized into two groups: partner visas and visas for prospective marriages. The kind of relationship you are in will determine the sort of visa you should apply for.
Following are the types of relationship and the visas that correspond to them:
- Intended marriage (fiance(e)): Prospective Marriage visa
- Married (de jure) relationship: Partner visa
- De facto partner relationship: (including a same-sex relationship): Partner visa
Subclass Partner Visa
There are two different kinds of subclasses: temporary and permanent. Partners who meet the legal requirements for the grant of the visa are initially given a temporary visa. If there is a long-term
partnership or offspring of the relationship, a permanent visa may be issued after an eligibility period or shortly after the temporary visa is granted.
Additionally, fiancés (intended spouses) of Australian citizens, permanent residents, and qualifying New Zealand citizens are permitted temporary immigration into Australia under the Partner Category Migration.
You are not, however, automatically qualified for permanent residence in Australia if you are the partner or fiancé of an eligible Australian citizen, Australian permanent resident, or eligible New Zealand citizen. If you want to live in Australia permanently, you must first apply for a permanent visa and meet the requirements set forth by the law before that visa may be granted.
Additionally, fiancés (intended spouses) of Australian citizens, permanent residents, and qualifying New Zealand citizens are permitted temporary immigration into Australia under the Partner Category Migration.
You are not, however, automatically qualified for permanent residence in Australia if you are the partner or fiancé of an eligible Australian citizen, Australian permanent resident, or eligible New Zealand citizen. If you want to live in Australia permanently, you must first apply for a permanent visa and meet the requirements set forth by the law before that visa may be granted.
Let us have a cursory look at the partner subclass visas based on your location at the time of application:
- If you are in Australia, you are eligible to apply for Partner Temporary Visa (Subclass 820) and Permanent visa (subclass 801). You can apply for this visa to stay in Australia with your partner, who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. If the relationship is genuine and still on even after the two years of the application of this visa, you can be granted a permanent visa.
- If you are outside Australia: Partner Temporary Visa (Subclass 309) and Permanent Visa (Subclass 100): You can apply for this visa to enter and stay in Australia with your partner, who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. A continuous and genuine relationship for two years after the application of this visa, can grant you a permanent visa.
Know all about Partner Visa
Prospective Marriage Visa (Subclass 300)
This is for those who want to enter Australia before marriage. In order to apply for this visa, your fiance must be an Australian citizen,Australian permanent resident or eligible New Zealand citizen. Once married, holders of this visa can then apply for a Partner visa to remain permanently in Australia.
General Terms and Conditions
Following are some general requirements to be eligible for applying this visa:
- You must be sponsored by a person (being your fiance(e), partner, or in some circumstances, a parent or guardian of your partner) who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen and who can satisfy the legal requirements for being a sponsor.
- You must also meet health and character criteria
- If you have dependent children or other dependent family members, they may make combined applications with your application provided that they meet certain requirements
Expansion of partner visa eligibility in Australia
Partner visa is also applicable to those whose visa has been refused or cancelled since their last visit to Australia. This refusal or cancellation falls under the section 48 of the Migration Act 1958 (Act). And hence, when you are in Australia, you cannot apply for any visa except for certain prescribed visa classes, such as a Protection visa or a Bridging visa.
However, from 14 September 2009 you may be eligible to apply for a Partner visa in Australia if you meet certain criteria. Those four requirements are:
- You must not have had a partner visa refused since you last entered Australia
- You must not have had a visa refused or cancelled on character grounds under section 501 of the Act
- You must provide with your application a form 40SP Sponsorship for a partner to migrate to Australia completed and signed by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who declares that they are your spouse or de facto partner
- You must provide with your application two statutory declarations from Australian citizens, Australian permanent residents or eligible New Zealand citizens (other than your partner) supporting the existence of your relationship with your partner. These declarations must be made not more than six weeks before the day the Partner visa application was made.
These are some of the basic requirements to just lodge an application. Along with these, there are many others and your application under this provision will be assessed against the legislative requirements in the same way as all Partner visa applicants who apply in Australia.
BMW is a seasoned Australian immigration agent. Our trained and professional staff knows how to handle each application thoroughly and meticulously.
Get in touch with us for all types of partner visa to Australia and see for yourself what we can do for you!
Get in touch with us for all types of partner visa to Australia and see for yourself what we can do for you!
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