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The Australian Partner/ Spouse Visa
Emigrate-to-Australia.co.uk is part of Taylor Hampton Solicitors, an independent Law firm based in London, UK. Our legal team specialises in Australian Partner, Spouse and Prospective Marriage Visa applications.
What are the Australian Eligibility Criteria when applying for a partner/spouse Visa?
You can apply for the visa if you are in a relationship with an Australian Citizen, Australian Permanent Visa holder or Eligible New Zealand Citizen. The union must be genuine, committed and on-going for at least 12 months before you apply. Your relationship must be exclusive and beyond boyfriend and girlfriend stage. You will be expected to provide a range of documents evidencing various aspects of your relationship, such as:
- mutual commitment
- sharing of financial responsibilities
- nature of your household
- social aspects of your relationship
Naturally, as each relationship is different, couples have different arrangements for their life together. We can present your case in the right way advising you on the best documentation to evidence what you must submit.
What Documents are required as proof of your identity and your relationship status?
You will need to produce a variety of documents to prove your relationship status and identity. Please note that the below list is an overview of the required documents and the team at Taylor Hampton can provide a much more detailed list of requirements. As each relationship is different, you might need to provide additional documents depending on your individual circumstances.
|For Finances||Documents that show that both parties have contributed financially to the relationship and have shared financial goals|
|For Your Household||How your household works on a day to day basis, showing that you are doing things together. Sharing the workload and bills as well as buying or planning as a couple|
|For Social Matters||That you are seen as a couple by people in your wider family and friends network.|
|To Prove Commitment||
Proof that you know about your partner’s family and their background.
Proof that you have combined your personal lives.
|To prove De facto Commitment||
To Prove De Facto Commitment, you would need to show that you have lived together for at least 12 months.
You should look to collect as much evidence, as in correspondence to the address that you share over the last 12 months or longer if you can. This should also include social evidence as well.
Are there different types of Australian spouse and partner visas?
Where the spouse and partner visa are concerned, visas come in three distinct types:
- Prospective Marriage Visa (subclass 300)
- Partner visa (subclass 309 and 100)
- Partner Visa (subclass 820 and 801)
The Provisional Partner visa (Subclass 309)
Visa Type: The Temporary visa
- This visa can be converted to a permanent residency visa by route of the Subclass 100 visa
- This visa can be confirmed after 2 years of submitting the first application.
Who is eligible?
- You are married to or in a de facto relationship with your sponsor
- You are outside Australia when you make your application
- Your sponsor will have to be an Australian citizen, permanently resident in Australia, or they should be an eligible New Zealand citizen
The Permanent Partner visa (Subclass 100)
Visa Type: This is a permanent visa
This visa can be applied for no sooner than 2 years after the Subclass 309 temporary visa has been granted to you.
Who is eligible?
- You will need to already have the Subclass 309 temporary visa
- You must still be in a relationship with the person who is sponsoring you
- You have been living with your partner in Australia for more than three years.
The temporary partner visa (Subclass 820)
Visa Type: This is a temporary visa
This visa may be converted to Permanent Residency by route of the Subclass 801 visa
Who is eligible for this visa?
- Anyone who is married to their sponsor or in a de facto relationship
- If they are making an application for this type of visa from Australia
Your sponsor will have to be an Australian citizen, permanently resident in Australia, or they should be an eligible New Zealand citizen
The permanent partner visa (Subclass 801)
Visa type: The permanent visa
This visa can be applied for two years after the Subclass 820 temporary Partner visa has been granted.
Who is eligible for this visa?
- Anyone who has a subclass 820 temporary visa.
- You must still be in a relationship with the person who is sponsoring you.
- You will have been living in Australia with you partner for a period of more than three years.
The Fiancé visa or the prospective marriage visa (Subclass 300)
Visa type This is a temporary visa
- You need to show intention to marry your sponsor
- You will have 9 months to travel to Australia
- You must marry your sponsor within 9 months of visa grant
- This visa can be upgraded to a temporary partner visa, (Subclass 820)
Who is eligible for this visa?
- If you are already engaged to someone who is an Australian citizen, permanent resident or eligible New Zealand citizen.
- If you and your partner are in a genuine and exclusive relationship.
- You have plans to get married to your partner within 9 months of visa approval.
What is the validity of the Australian Spouse/Partner Visa?
The Australian Partner Visa is a permanent residency visa. Some applicants are granted a temporary visa to start with. This leads to permanent residency after 2 years.
The Permanent Visa is generally granted to applicants who have been in a relationship with their Australian partner for at least 3 years. This period is reduced to 2 years if there is a child from the relationship.
To discuss your Australian Partner Visa Application, call us on 0207 427 5290, email us: firstname.lastname@example.org or fill in the enquiry form and we will be in touch shortly.
Where and how to apply
The Partner Visa applications are lodged electronically with the Australian Department of Home Affairs.
You can be outside or inside Australia when the application is submitted. Applicants in Australia are issued with a Bridging Visa which allows them to remain lawfully in the country until the Partner Visa is decided on. You must apply whilst your substantive Visa is still valid. You cannot apply onshore if your substantive Visa comes with a “no further stay” condition or if there are other matters preventing you from making a valid in-country application.
How long will the application for an Australian partner visa take?
The Visa application processing times can be lengthy, so it is best to make a start with the application once you have decided on relocation plans. The processing times fluctuate from time to time and depend on a number of factors, such complexity of the case, yearly family visa allocation quota, a number of applications in the pipeline and other factors. Submitting a complete, decision-ready application will certainly help finalise the application in the shortest time possible. The official Australian partner visa processing times can be viewed here:
Since October 2020, the Australian Department of Home Affairs has allocated a higher number of Australian partner visa places. As a result, the visa processing times have significantly accelerated and we are seeing applications finalised quicker. For the latest update on Australian spouse visa processing times, contact us on 0207 427 5290 or email us on email@example.com
How much is an application for an Australian partner visa?
From 1st July 2019, the Australian Partner visa fee, including Spouse and Prospective Marriage Visa applications cost is AUD$7,715.
There is AUD$1,935 fee to add a dependent child under the age of 18 is AUD$1,935 and AUD$3,860 to add a dependant over the age of 18.
In addition, applicants must budget for medical and police reports.
How we can assist
Our team at Emigrate to Australia, Taylor Hampton Solicitors can look at the Australian Partner Visa options for you and advise on the best Visa route based on your individual circumstances, available evidence, your migration plans and current migration rules and policies. We work with you on the required documentation, we certify documents free of charge, we prepare your application, submit and manage the entire Visa application whether you are in or outside Australia. We have an exceptionally high success rate due to our expertise, diligence and years of experience in practical application of the Australian Migration laws and regulations. We are part of Taylor Hampton Solicitors, a highly reputable law firm based in London, right opposite the Royal Courts of Justice and 5min walk from the Australian High Commission in the Strand.
To discuss your individual case and how we can help, please contact us on 0207 427 5290. You may also email us: firstname.lastname@example.org or fill in the form on the right hand side and we will be in touch shortly.
Does your Australian partner need a UK passport and/ or UK Visa to live & work in the UK? We assist with UK Immigration and Citizenship applications: http://www.taylorhampton.co.uk/immigration-visa-services/uk-spouse-visa/
Emigrate to Australia is part of Taylor Hampton Solicitors, a SRA regulated law firm based in the UK. We also have staff who are Australian Migration Agents and we provide legal assistance with the Australian visa application process. We are not the Australian Department of Home Affairs.