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Partner Visa
Apply for your Partner Visa
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Partner Visa 309 Guide
Eligibility:
Applicants must prove the genuineness and continuity of their relationship, either through marriage or as de facto partners.
Application Location:
Typically, this visa is applied for from outside Australia, making it an offshore application.
Waiting Period:
Following submission, there’s a 12-24 month waiting period for the Department of Home Affairs to assess the application.
Evidence:
Compelling evidence, such as financial records, photographs, and statements from acquaintances, is essential.
Health and Character Checks:
Both the applicant and their sponsoring partner must meet health and character requirements.
Family Inclusions:
The visa can include dependent children, allowing them to live in Australia.
Professional Guidance:
Due to complexity, many seek professional assistance.
Application Costs:
Applicants should be aware of associated fees and check the latest fee schedule. Ultimately, this process leads to permanent residency, reuniting couples in Australia.
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Partner Visa Application Process
Partner Visa Australia:
The Partner visa allows the partner, spouse, or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia.
Applying for a Partner Visa:
You apply for the temporary and permanent partner visas together.
To qualify for a Partner Visa Australia, you must be either:
Married to an Australian Citizen, Australian Permanent Resident, or Eligible New Zealand Citizen.
In a de facto relationship unless exempt, with the mentioned categories of individuals at the time of applying.
Bridging Visa (Onshore Application):
You apply for the temporary and permanent partner visas together.
To qualify for a Partner Visa Australia, you must be either:
Married to an Australian Citizen, Australian Permanent Resident, or Eligible New Zealand Citizen.
In a de facto relationship unless exempt, with the mentioned categories of individuals at the time of applying.
Lodging a Partner Visa Application:
If you plan to lodge a Partner visa on your own, understand that it’s not as straightforward as it may seem.
To begin, follow these steps:
Create an ImmiAccount.
Fill out Form 47SP (Application for migration to Australia by a partner).
Once the main applicant fills out their form, the sponsor uses the TRN to submit their own 40SP (Sponsorship Form for a Partner to Migrate to Australia).
Fill out the form and pay the Partner visa application fee.
Review and submit the application.
Attach all required documents.
We don’t recommend lodging the application by post as it can be challenging to track and attach documents in the future.
Temporary and Permanent Partner Visa:
If you meet the criteria, you’ll initially be granted a Temporary Partner visa (Subclass 820 for onshore or Subclass 309 for offshore).
You’ll remain on the Temporary Visa until you receive the permanent partner visa (subclass 801 or 100).
Typically, you can apply for a Permanent Partner visa after 2 years on the Temporary Visa.
Eligibility Paths:
There are two eligibility paths for a Partner visa: Married or De Facto Relationship.
If you’re in Australia and applying through the marriage pathway, you must be legally married to your partner.
If you’re outside of Australia (offshore), you must either be legally married in your country of residence or another country or intend to get married in the near future (before a decision is made on your Temporary Partner visa).
Recognized Marriages:
Certain types of marriages are not accepted from overseas:
Polygamous marriages.
Marriages between persons within a prohibited degree of relationship (e.g., parent and child or siblings).
Underage marriages.
The case officer expects your relationship to meet certain criteria:
Mutual commitment to a shared life as husband and wife.
Genuine and continuing relationship.
Living together or not living separately and apart on a permanent basis.
You must also meet specific health and character requirements.
De Facto Relationship Defined:
A de facto relationship is when you and your partner are not legally married to each other but share a committed life together, excluding all others.
Key criteria for a de facto relationship:
Genuine and continuing relationship.
Living together or not living separately and apart on a permanent basis.
Not being related by family.
Your de facto relationship can be with someone of the same or different sex.
Length of De Facto Relationship:
Typically, your de facto relationship must have existed for a minimum of 12 months immediately before applying for the visa.
Time spent dating or in an online relationship does not count toward the 12-month requirement.
If your de facto relationship has lasted less than 12 months, you may still be eligible for the visa. Explore exemptions from the one-year relationship requirement by scheduling an appointment.
scheduling an appointment.
820/801 PARTNER VISA (Onshore):
The SC820/801 is an onshore partner visa for the partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia.
309/100 PARTNER VISA (Offshore):
The SC309/100 is an offshore partner visa for partners or spouses of Australian citizens, Australian permanent residents, or eligible New Zealand citizens. It’s applied for from overseas.
300 PROSPECTIVE PARTNER VISA:
The SC300 Prospective Marriage visa allows you to come to Australia to marry your prospective spouse and subsequently apply for a Partner visa.
Partner Visa 309 Complete Guide
Partner Visa 309 for Australia:
The Partner Visa 309 is a temporary visa that allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia.
Key Points for Partner Visa 309:
Purpose: The Partner Visa 309 is designed to facilitate the reunion of couples where one partner is already an Australian citizen, permanent resident, or eligible New Zealand citizen.
Two-Stage Process: This visa operates in a two-stage process. Initially, you apply for the 309 visa, which is a temporary visa. After a waiting period, you can then apply for the 100 visa, which is the permanent partner visa.
Eligibility: To be eligible for the Partner Visa 309, you must be married to or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. The relationship should be genuine and ongoing.
Offshore Application: Typically, the Partner Visa 309 is applied for from outside Australia. The applicant should be outside Australia at the time of application and when the visa is granted.
Waiting Period: After applying for the Partner Visa 309, there is usually a waiting period during which the Department of Home Affairs assesses the application. This waiting period can vary but is generally around 12-24 months.
Temporary Visa Grant: Once approved, the applicant is granted the Partner Visa 309, which allows them to live in Australia temporarily while the permanent visa (100) is processed.
Permanent Visa (100): After a specified waiting period (usually two years from the date of application for the 309 visa), the applicant can apply for the permanent Partner Visa 100. This step is critical to gaining permanent residency in Australia.
Evidence of Relationship: The application process requires substantial evidence to prove the genuineness and continuity of the relationship. This may include joint financial records, photographs, statements, and more.
Health and Character Checks: Both the applicant and the sponsor must meet health and character requirements as part of the application process.
Family Inclusions: The Partner Visa 309 may also include dependent children in the application, allowing them to live in Australia with the primary applicant.
Professional Advice: Given the complexity of partner visa applications, many applicants seek professional assistance or immigration agents to ensure that all requirements are met.
Application Costs: There are fees associated with applying for the Partner Visa 309, and these costs may change over time. It’s important to check the latest fee schedule when applying.
Applicant Document Checklist for a Partner Visa:
Identity documents, including birth certificate or identification pages from official documents.
Passport page with photo and details.
Two recent passport photographs.
National identity card if applicable.
Proof of change of name if needed.
Documents proving your relationship with your partner, such as marriage certificate or documents for a de facto relationship.
Documents regarding previous relationships, if applicable.
Health documents (provided by your doctor).
Completed Form 80 for character assessment.
Police certificates.
Military service records or discharge papers if applicable.
Sponsor Document Checklist for a Partner Visa Application:
Identity documents proving your Australian citizenship, permanent residency, or eligible New Zealand citizenship.
Proof that you usually live in Australia if you’re an Australian permanent resident or eligible New Zealand citizen.
Character documents, including police certificates and military service records if applicable.
If sponsoring your child, provide a court document allowing the marriage and proof of parentage or guardianship.
Documents demonstrating the genuine and continuing nature of your relationship with your partner.
Four Pillars of the Relationship:
Factor 1 – Financial Aspects of the Relationship:
Documents showing shared financial responsibilities, like property ownership, joint bank accounts, and bills.
Factor 2 – The Nature of the Household:
Documents showing shared household responsibilities, living arrangements, and joint responsibility for children.
Factor 3 – Social Aspects of the Relationship:
Documents demonstrating that your relationship is known by others and proof of joint social activities and declarations.
Factor 4 – The Nature of the Commitment:
Documents showing your commitment to each other, including wills, letters, and communication records.
Visa Status Information:
If your current visa expires before the partner visa is granted, you’ll receive a Bridging Visa A (BVA).
Cancelling your current visa may result in becoming an unlawful non-citizen and require applying for a Bridging Visa E (BVE).
Bridging visas (BVA and BVB) allow you to work, study, and enroll in Medicare but have travel restrictions.
Consultation and Changes:
Partner visa applications are complex, and consultations with migration experts are recommended.
Recent changes in Sponsored Family Visas do not affect Partner visas, which can still be lodged without prior sponsorship approval. Consult to understand the impact of changes.
Form 888 Partner Visa – All You Need To Know
What is Form 888 for Partner Visa in Australia?
Form 888 is a legal declaration used in the Australian partner visa application process.
It is specifically for sponsors (Australian citizens or permanent residents) to provide character references and support their partner’s visa application.
Key Points for Form 888:
Purpose: Form 888 serves as evidence of a genuine and ongoing relationship between the sponsor and the applicant, reinforcing the credibility of the partner visa application.
Character References: The sponsor must gather character references from at least two Australian citizens or permanent residents who have personal knowledge of the relationship. These referees should provide information on the relationship’s nature, duration, and how they know the couple.
Statutory Declaration: The Form 888 is a formal statutory declaration, which means that the statements made in it are legally binding. It must be completed truthfully and accurately.
Identity Verification: The referees must include their full name, address, date of birth, and contact details. They should also provide evidence of their Australian citizenship or permanent residency, such as a copy of their passport or visa grant notice.
Statutory Declaration Templates: Form 888 is available as a template on the official Department of Home Affairs website. Referees should use this template to ensure compliance with legal requirements.
Witnessing and Certification: The completed Form 888 must be witnessed by an authorized person, such as a justice of the peace, lawyer, or police officer. They will verify the identity of the referees and the accuracy of the statements.
Submission Deadline: The Form 888 should be submitted along with the partner visa application or shortly afterward. It is a critical supporting document.
No Template Limit: There is no set limit to the number of Form 888s that can be submitted with a partner visa application. Additional references can further strengthen the application.
Cohesive Story: The information provided in Form 888 should align with the evidence presented in other parts of the partner visa application, including statements from the applicant and supporting documents.
Confidentiality: Referees should be aware that their statements may be used by the Department of Home Affairs in the assessment of the visa application. Therefore, it’s important to respect the confidentiality and privacy of all parties involved.
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