Speak to a Registered Partner Visa/De Facto Visa Migration Agent in Adelaide
If you don’t feel confident preparing your application for a partner visa or de facto visa, or if you believe your case is more complicated than usual, our migration agent can help you. Our Migration Agents in Adelaide are highly experienced in all visa categories, including family visas, using their knowledge and expertise to help clients submit strong applications. Our goal is to make the process as smooth and hassle-free as possible for you right from our Adelaide office.
Partner Visa/De Facto Visa
Under the Partner Visa Stream, an applicant must be sponsored by their Australian spouse, de facto, or same-sex partner who must be either an Australian citizen, Australian permanent resident or an eligible New Zealand citizen. They must be aged over 18 years. Partner applicants must be sponsored by their Australian partner.
Different types of partner visa to Australia
Australian Immigration policy provides different types of partner visas (or spouse visas) that an individual can apply for based on their individual needs. Therefore if any Australian citizen or permanent resident, or eligible New Zealand citizen is looking to sponsor their partner to Australia, here are the different types of partner (or family) visa choices they can explore:
THERE ARE DIFFERENT TYPES OF PARTNER VISAS FOR AUSTRALIA
- Prospective Marriage visa (Subclass 300)
- Partner Visa Offshore (Subclasses 309 and 100)
- Partner Visa Onshore (Subclass 801 and 820)
- New Zealand Citizen Family Relationship (subclass 461)
Prospective Marriage Visa (Subclass 300)
This visa allows you to travel to Australia to marry your partner and then to apply for a Partner Visa. For those that are directly involved in a relationship with an Australian citizen or permanent Australian resident or eligible New Zealand citizen, a subclass 300 prospective marriage visa may be the most straightforward plan if the couple has not lived together or cannot prove they have been living together. This visa is also termed a fiancé (or fiancée) visa and, in order to collect this, the other partner must be living outside of Australia at the time of application.
Offshore Partner visa (combined subclass 309 and subclass 100 )
You must submit your visa application outside of Australia for this combined visa application. The subclass 309 visa is a provisional visa and provides a pathway to a permanent Partner subclass 100 visas which may also be granted in or outside Australia.
Onshore Partner visa (combined subclass 820 and subclass 801)
For this partner visa, you will need to be both onshore and not have a condition restricting you to lodge another visa in Australia. If you do have this condition you will need to apply for an offshore combined subclass 309 and 100 visa. For this combined subclass 820 and 801 visas you must be married or in a de facto long term mutually exclusive relationship.
Subclass 461 Visa (New Zealand Citizen Family Relationship Visa)
This kind is for non-New Zealand citizens but seems to be a member of the New Zealand family unit. It helps you to stay and work in Australia for five years. The subclass 461 New Zealand Citizen Family Relationship Visa is the ideal choice for people whose partner is a New Zealand citizen. Since it is valid for only a 5-year tenure-then, it can be easily renewed.
Provisional Partner Visa and Temporary Partner Visa
There are two forms of partner visas initially granted. These are subclass 820 intended for people residing in Australia and this is a temporary partner visa. The subclass 309, is intended for those people applying from overseas and this is a provisional partner visa.
These visas are granted with a view to converting to a permanent partner visa after the partner relationship can be proven to be (and the Department of Home Affairs is satisfied) in existence for over 2 years. The Department of Home Affairs has the discretion to request that you lodge the permanent residence part of the original combined visa application separately after this time and to ask for further evidence at any time.
We can help and advise on all Applications
For a limited time only we offer a fixed fee of $750 to review your application and advise of any amendments needed to be made.
Permanent Partner Visas
As mentioned previously after proving an ongoing genuine de facto or married relationship of at least 2 years, the Department of Home Affairs will again assess the application of the applicant to verify if they meet the criteria to be granted a permanent visa to allow them to stay permanently on a partner visa in Australia. In order to become eligible for a visa application assessment, the person must confirm that he/she is still in a de facto relationship with their Australian partner, or is married to their Australian partner.
All who have received a temporary partner visa subclass 820 are typically granted a permanent partner visa subclass 801, while the provisional partner visa holders of subclass 309 are issued a permanent partner visa subclass 100, provided that the authorities are happy with their demand to stay with their spouse in a de facto relationship.
After getting a permanent partner visa for an Australian residency, the applicant is allowed to stay in Australia on a permanent basis regardless as to whether they remain in a de facto relationship or married to their Australian partner or not.
Breakdown of the Relationship
If the relationship breaks down at any stage before being granted a permanent residence visa, then the sponsor and applicant must inform the Department of Home Affairs. The sponsorship will at this time be withdrawn and the application will become an orphan application. Our migration agent can provide advice as to how to proceed in this matter.
At this stage, the Department of Home Affairs will then determine whether or not the visa should be refused (as there is no longer a sponsor).
If it is apparent that the breakdown of the relationship has been due to family violence by the sponsor on the applicant, then the application may proceed.
The Australian Government takes accusations of family violence very seriously and these are rigorously investigated. If it can be seen that family violence has occurred a permanent visa may be considered.
Family violence is considered to be any conduct that makes you reasonably fear for your safety or wellbeing. This includes actual or threats against any applicant (including family members) or the perpetrator’s family members, or against your or the perpetrator’s property.
- physical or psychological abuse or harm
- forced sexual relations
- forced isolation or economic deprivation, including dowry-related abuse.
Conditions of Partner Visas
Someone who is married to, or wishes to marry, an Australian permanent resident, a citizen or a person who is qualified to be an eligible New Zealand citizen can apply for Australian citizenship.
Nevertheless, there are some general conditions that both the parties, applicant, and sponsor should meet in order to qualify to apply for a de facto visa. These are:
- The candidate for a partner visa must be supported by a de facto partner already living in Australia.
- For both applicant and the lender must be over 18 years of age to apply for a partner visa.
- The funding must be at least 2 years old and not less than that.
- The individual must be a legal permanent resident of Australia, a permanent resident of Australia, or be qualified to be a citizen of New Zealand.
- The candidate and the lender must have a partnership for a minimum of 1 year, that they must confirm at the time of the application.
- There should be a fair and reasonable proof of relationship or marriage, and it must be based on their cooperation commitment in their prospective marriage.
- The duo should be able to pass the interview together with the authentic evidence of their relationship with the authorities.